Taxonomies
Southern African Development Community
Protocol on Extradition
- Published
- Commenced on 6 January 2009
- [This is the version of this document at 3 October 2002.]
Article 1 – Definitions
Article 2 – Obligation to extradite
Each State Party agrees to extradite to the other, in accordance with the provisions of this Protocol and their respective domestic law, any person within its jurisdiction who is wanted for prosecution or the imposition or enforcement of a sentence in the Requesting State for an extraditable offence.Article 3 – Extraditable offence
Article 4 – Mandatory grounds for refusal to extradite
Extradition shall be refused in any of the following circumstances:Article 5 – Optional grounds for refusal
Extradition may be refused in any of the following circumstances:Article 6 – Channels of communication and required documents
Article 7 – Authentication of documents
Article 8 – Additional information
If the Requested State considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Protocol to enable extradition to be granted, that State may request that additional information be furnished within such time as it specifies.Article 9 – Simplified extradition procedure
The Requested State, if not precluded by its laws, may grant extradition after receipt of a request for provisional arrest, provided that the person sought explicitly consents, before a competent authority, to be extradited.Article 10 – Provisional arrest
Article 11 – Concurrent requests
Article 12 – Decision on a request
The Requested State shall deal with the request for extradition pursuant to procedures provided by its own laws, and shall promptly communicate its decision to the Requesting State.Article 13 – Surrender of a person
Article 14 – Postponed or conditional surrender
Article 15 – Surrender of property
Article 16 – Rule of specialty
Article 17 – Transit
Article 18 – Expenses
Article 19 – Relationship with other treaties
The provisions of any treaty or bilateral agreement governing extradition between any two State Parties shall be complementary to the provisions of this Protocol and shall be construed and applied in harmony with this Protocol. In the event of any inconsistency, the provisions of this Protocol shall prevail.Article 20 – Settlement of disputes
Any dispute arising from the interpretation or application of this Protocol which cannot be settled amicably shall be referred to the Tribunal for determination.Article 21 – Withdrawal
Article 22 – Amendment
Article 23 – Signature
This Protocol shall be signed by the duly authorised representatives of the Member States.Article 24 – Ratification
This Protocol shall be subject to ratification by the signatory States in accordance with their respective constitutional procedures.Article 25 – Entry into force
This Protocol shall enter into force thirty (30) days after the deposit of instruments of ratification by two-thirds of the Member States.Article 26 – Accession
This Protocol shall remain open for accession by any Member State.Article 27 – Depositary
History of this document
06 January 2009
Commenced
03 October 2002 this version
Consolidation