Complementary provisions for the Model Treaty on Extradition

Where there is a bilateral extradition treaty, that treaty should govern the relationship.

If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences.

14. There was a general discussion about treaty practice in extradition.

Lesotho stated that extradition was conditional on the existence of a treaty.

4. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.

5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.

4. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the necessary legal basis for extradition in respect of the offence of enforced disappearance.

If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this instrument as the necessary legal basis for extradition in respect of the offence of enforced disappearance.

3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of any offence to which this article applies.

Austria stated that extradition was not conditional on the existence of a treaty.

Brazil stated that extradition was not conditional on the existence of a treaty.

Canada stated that extradition was not conditional on the existence of a treaty.

Chile stated that extradition was not conditional on the existence of a treaty.

Croatia stated that extradition was not conditional on the existence of a treaty.

Kuwait stated that extradition was not conditional on the existence of a treaty.

Morocco stated that extradition was not conditional on the existence of a treaty.

Myanmar stated that extradition was not conditional on the existence of a treaty.

Poland stated that extradition was not conditional on the existence of a treaty.

Portugal stated that extradition was not conditional on the existence of a treaty.

Slovakia stated that extradition was not conditional on the existence of a treaty.

Sweden stated that extradition was not conditional on the existence of a treaty.

Tunisia stated that extradition was not conditional on the existence of a treaty.

Turkey stated that extradition was not conditional on the existence of a treaty.

According to article 3, paragraph 1, of the Act, China enters into extradition agreements with foreign States on a basis of equality and reciprocity. Article 6, paragraph 3, stipulates that the term extradition treaty refers to any extradition treaty between the People's Republic of China and another State or to which both States are party, and to any other treaty that contains provisions governing extradition.

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it shall consider the present Convention as the legal basis for extradition in respect of the offences mentioned in article 1 of this Convention.

When negotiating extradition treaties, more than a third (38 per cent) of States had made use, where appropriate, of the Model Treaty on Extradition.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it shall consider the present Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

5. States Parties that make extradition conditional on the existence of a treaty shall

Costa Rica stated that extradition was not conditional on the existence of a treaty.

South Africa stated that extradition was not conditional on the existence of a treaty.

When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may, at its option, consider the present Convention as a legal basis for extradition in respect of the offences set forth in article 2.

2. When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2.

6. A State Party that makes extradition conditional on the existence of a treaty shall

2. If a Contracting State that makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it shall consider the present Convention as the legal basis for extradition in respect of the offences mentioned in article 1 of this Convention. Extradition shall be subject to the other conditions provided by the law of the requested State.

2. If a State party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State party with which it has no extradition treaty, the requested State may, at its discretion, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 1, paragraph 1, of this Convention.

It also stated that the Convention constituted the legal ground for cooperation in the matters of extradition if a request for extradition were received from a State party with which there was no treaty on extradition.

UNODC has also developed a draft model law on extradition to assist Member States in adapting their extradition legislation to support relevant treaties or as a legal basis for extradition in the absence of a treaty.

Second, an Italian court held an extradition treaty to be terminated by the Second World War.

(e) Utilize, where appropriate, as a resource the Model Treaty on Extradition when negotiating such treaties

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may at its option consider this Convention as a legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.

quot 2. If a Contracting State that makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it shall consider the present Convention as the legal basis for extradition in respect of the offences mentioned in article 1 of this Convention. Extradition shall be subject to the other conditions provided by the law of the requested State.

quot 2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may at its option consider this Convention as a legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.

The CTC wishes therefore to learn what provisions will govern an extradition request submitted by a non Commonwealth country that does not have an extradition treaty with Seychelles.

There was consensus that States should adopt flexible domestic legislation that would allow for extradition on the basis of the full range of options, including non treaty extradition.