Model Treaty on extradition

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Title: Model Treaty on Extradition

Preamble:
The States Party to this treaty, recognizing the importance of international cooperation in combating crime and ensuring justice, and desiring to establish a framework for the extradition of fugitives, have agreed to enter into this treaty. The treaty seeks to facilitate the extradition process while respecting the sovereignty and legal systems of each participating state.

Article 1: Obligation to Extradite

  1. The Contracting Parties undertake to extradite to each other, pursuant to the provisions of this treaty, persons who are charged with or convicted of an extraditable offense.
  2. Extraditable offenses shall be determined in accordance with the laws in force in the Requesting State and the laws in force in the Requested State at the time of the commission of the offense.

Article 2: Extraditable Offenses

  1. For the purposes of this treaty, an offense shall be deemed extraditable if it is punishable under the laws of both Contracting Parties by deprivation of liberty for a maximum period of not less than one year or by a more severe penalty.
  2. Extradition may also be granted for attempts, conspiracies, or participation in the commission of an extraditable offense.

Article 3: Extradition Requests

  1. Extradition requests shall be made in writing and shall include:
    a) Information regarding the identity and nationality of the person sought;
    b) A description of the offense for which extradition is requested, including relevant facts and circumstances;
    c) The text of the applicable laws defining the offense and prescribing the punishment;
    d) A statement indicating whether the person sought is charged with or has been convicted of the offense, and if so, the nature and duration of the sentence; and
    e) Any other relevant information that may assist in the extradition process.
  2. Requests shall be accompanied by the necessary supporting documents, including arrest warrants, indictments, or judgments, as applicable.

Article 4: Extradition Procedures

  1. The Requested State shall promptly consider extradition requests and shall take all necessary measures to locate, arrest, and detain the person sought.
  2. The Requested State shall notify the Requesting State of the result of its examination and the action taken in relation to the extradition request.
  3. The Requested State may refuse extradition if it considers that the offense is of a political nature, or if it determines that the person sought may be subjected to torture, cruel, inhuman, or degrading treatment or punishment, or if the person sought is being prosecuted or has been convicted for the same offense in its territory.
  4. The Requested State may postpone extradition proceedings in cases where the person sought is already being prosecuted or serving a sentence in its territory for a different offense.

Article 5: Provisional Arrest

  1. In urgent cases, the Requesting State may request the provisional arrest of the person sought pending the submission of the formal extradition request.
  2. The Requested State shall promptly notify the Requesting State of the result of its examination of the request for provisional arrest and the action taken.
  3. If a formal extradition request is not received within a reasonable period, as determined by the Requested State, the person arrested shall be released.

Article 6: Surrender and Transit

  1. The person extradited shall be delivered to the competent authorities of the Requesting State at an agreed-upon place and time.
  2. The Requesting State shall provide assurances that the person extradited will be treated in accordance with the principles of fair trial and human rights.
  3. If transportation of the person sought involves transit through the territory of a third state, the consent of that state shall be obtained. The provisions of this treaty shall apply mutatis mutandis to transit arrangements.

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