Page:Extradition Treaty between the U.S.A. and India.djvu/7

 other than the Requesting State’s ordinary laws or rules of criminal procedure, then the Requesting State must request consultations and make such a request for extradition only upon the agreement of the Requested State. This exchange of letters creates an important and useful limitation on the obligation to extradite fugitives where the prosecution or punishment would be based on extraordinary laws and procedures.

Article 6 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but does not bar extradition if the competent authorities in the Requested State have declined to prosecute or have decided to discontinue criminal proceedings against the person sought.

Article 7 provides that extradition shall not be granted when the prosecution has become barred by lapse of time according to the laws of the Requesting State.

Under Article 8, when an offense for which extradition is requested is punishable by death under the laws in the Requesting State and is not so punishable under laws in the Requested State, the Requested State may refuse extradition unless the offense constitutes murder under the laws in the Requested State or the Requesting State provides assurances that the Death penalty, if imposed, will not be carried out.

Article 9 establishes the procedures and describes the documents that are required to support a request for extradition. It requires that all requests be submitted through the diplomatic channel. Article 9(3) provides that a request for the extradition of a person sought for prosecution must be supported by such evidence as would justify committal for trial if the offense had been committed in the Requested State. This is a lesser evidentiary standard than that contained in the current extradition treaty and, therefore, should enhance the ability of the United States to obtain extradition of fugitives from India.

Article 10 establishes the procedures under which documents submitted pursuant to the Treaty shall be received and admitted into evidence. Article 11 provides that all documents submitted by the Requesting State shall be in English.

Article 12 sets forth procedures for the provisional arrest of a person sought pending presentation of the formal request for extradition. Article 12(4) provides that if the Requested State’s executive authority has not received the request for extradition and supporting documentation within sixty days after the provisional arrest, the person may be discharged from custody. Article 12(5) provides explicitly that discharge from custody pursuant to Article 12(4) does not prejudice subsequent rearrest and extradition upon later delivery of the extradition request and supporting documents.

Article 13 specifies the procedures governing the surrender and return of persons sought. The Requested State is required to notify the Requesting State promptly through the diplomatic channel of its decision on extradition and, if the request is denied in whole or in part, to provide an explanation of the reasons for the denial of the request. If the request is granted, the authorities of the Contracting States shall agree on the time and place for the surrender of the person sought.