A/AC.291/L.15
United Nations whether they will take this Convention as the legal basis for
cooperation in extradition with other States Parties to this Convention; and
(b) If they do not take this Convention as the legal basis for cooperation in
extradition, seek, where appropriate, to conclude treaties on extradition with other
States Parties to this Convention in order to implement this article.
7.
States Parties that do not make extradition conditional on the existence of a
treaty shall recognize offences to which this article applies as extraditable offences
between themselves.
8.
Extradition shall be subject to the conditions provided for by the domestic law
of the requested State Party or by applicable extradition treaties, including, inter alia,
conditions in relation to the minimum penalty requirement for extradition and the
grounds upon which the requested State Party may refuse extradition.
9.
States Parties shall, subject to their domestic law, endeavour to expedite
extradition procedures and to simplify evidentiary requirements relating thereto in
respect of any offence to which this article applies.
10. Subject to the provisions of its domestic law and its extradition treaties, the
requested State Party may, upon being satisfied that the circumstances so warrant and
are urgent, and at the request of the requesting State Party, including when the reque st
is transmitted through existing channels of the International Criminal Police
Organization, take a person whose extradition is sought and who is present in its
territory into custody or take other appropriate measures to ensure the person’s
presence at extradition proceedings.
11. A State Party in whose territory an alleged offender is found, if it does not
extradite such person in respect of an offence to which this article applies solely on
the ground that the person is one of its nationals, shall, at the request of the State Party
seeking extradition, be obliged to submit the case without undue delay to its
competent authorities for the purpose of prosecution. Those authorities shall take their
decisions and conduct their proceedings in the same manner as in the case of any ot her
offence of a comparable nature under the domestic law of that State Party. The States
Parties concerned shall cooperate with each other, in particular on procedural and
evidentiary aspects, to ensure the efficiency of such prosecution.
12. Whenever a State Party is permitted under its domestic law to extradite or
otherwise surrender one of its nationals only upon the condition that the person will
be returned to that State Party to serve the sentence imposed as a result of the trial or
proceedings for which the extradition or surrender of the person was sought and that
State Party and the State Party seeking the extradition of the person agree with this
option and other terms that they may deem appropriate, such conditional extradition
or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of
this article.
13. If extradition, sought for purposes of enforcing a sentence, is refused because
the person sought is a national of the requested State Party, the requested State Party
shall, if its domestic law so permits and in conformity with the requirements of su ch
law, upon application of the requesting State Party, consider the enforcement of the
sentence imposed under the domestic law of the requesting State Party or the
remainder thereof.
14. Any person regarding whom proceedings are being carried out in connection
with any of the offences to which this article applies shall be guaranteed fair treatment
at all stages of the proceedings, including enjoyment of all the rights and guarantees
provided by the domestic law of the State Party in the territory of which that person
is present.
15. Nothing in this Convention shall be interpreted as imposing an obligation to
extradite if the requested State Party has substantial grounds for believing that the
request has been made for the purpose of prosecuting or punishing a person on account
of that person’s sex, race, language, religion, nationality, ethnic origin or political
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