Chapter 5 Procedures Other Than Extradition

1. Rationale

1.1 Abduction or kidnapping

1.2 Informal or Mistaken Surrender without Extradition Proceedings

1.3 Deportation or Expulsion

1.4 Assumption of Jurisdiction by the State of Refuge

Chapter 6 Grounds for Denial or Refusal of Extradition

1. Exemption or Denial on the ground of the Nature of the Crime charged

1.1 Political Offences

1.1(1) Exceptions to the Political Offence Exception Attentat clause

1.1(2) Anarchistic or Terroristic Offences

1.1(3) International Crimes

1.2 Military Offences

1.3 Fiscal Offences

2. Exemption or Denial of Extradition on the Graund of Penalty and Punishment of the Crime Charged

2.1 Amnesty and Pardon

2.2 Death Penalty or Corporal Punishment

2.3 Cruel and Unusual Punishment

3. Exemption or Denial of Extradition of an Accused or Convict on the Ground of his Nationality

3.1 Exclusion of Nationals

3.2 Exclusion of Persons performing Official Acts and Persons who Enjoy Immunity under International Law

4. Exemption or Denial of Extradition of an Accused or a Convict on grounds of General Principles of Law

4.1 Prescriptions or Lapse of Time

4.2 Double Jeopardy—Non bis in idem

4.3 When the Alleged offence was committed within the Territorial Jurisdiction of the Requested State or Otherwise Outside the Territory of the Requesting State

4.4 No Criminality under the Laws of the Asylum State

5. Miscellaneous

5.1 Racial or Religious Discrimination

5.2 Freedom of Expression or Speech

5.3 Other Factors

Conclusionz

Appendix A. Bilateral Treaties (Sources)

Appendix B. Multilateral Treaties (Texts)

1. The Arab Convention of 1952

2. The European Convention of 1957

3. The Afro-Asian Convention of 1961

4. The Bendux Convention of 1962

5. Convention on Co-operation in Judicia IMatters (O.C.A.M.), 1967

6. The Inter-American Second Draft Convention of 1957

1. The Inter-American Third Draft Convention of 1978

8. The Nordic States Scheme, 1962

9. Scheme Relating to the Rendition of Fugitive Offenders within the Commonwealth Countries, 1966

ANNEX 1. Description of Returnable Offences

ANNEX 2. Supplementary Provisions

TABLE OF STATUTES

TABLE OF CASES

BIBLIOGRAPHY

INDEXES

Author Index

Subjects Index