Page:Extradition Treaty between the U.S.A. and India.djvu/8

 Article 14 concerns temporary and deferred surrender. If a person whose extradition is sought is being proceeded against or is serving a sentence in the Requested State, that State may temporarily surrender the person to the Requesting State solely for the purpose of prosecution. The Requested State may also postpone the extradition proceedings until its prosecution has been concluded and any sentence imposed has been served.

Article 15 sets forth a non-exclusive list of factors to be considered by the Requested State in determining to which State to surrender a person sought by more than one State.

Article 16 provides for the seizure and surrender to the Requesting State of all articles documents and evidence connected with the offense for which extradition is granted, to the extent permitted under the law of the Requested State. Such property may be surrendered even when extradition cannot be effected due to the death, disappearance, or escape of the person sought. Surrender of property may be deferred if it is needed as evidence in the Requested State and may be conditioned upon satisfactory assurances at it will be returned as soon as practicable. Article 16(3) imposes an obligation to respect the rights of third parties in affected property.

Article 17 sets forth the rule of specialty. It provides that a person extradited under the Treaty may not be detained, tried, or punished in the Requesting State for an offense other than that for which extradition has been granted unless the offense is based on the same facts on which extradition was granted (provided such offense is extraditable or is a lesser included offense); the offense was committed after the extradition of the person; or a waiver of the rule of specialty is granted by the executive authority of the Requested State. Similarly, the Requesting State may not extradite the person to a third state for an offense committed prior to the original surrender unless the Requested State consents. These restrictions shall not prevent the detention, trial, or punishment of an extradited person, or that person’s extradition to a third State, if the extradited person leaves the Requesting State after extradition and voluntarily returns to it or fails to leave the Requesting State within fifteen days of being free to do so.

Article 18 permits surrender to the Requesting State without further proceedings if the person sought consents to surrender.

Article 19 governs the transit through the territory of one Contracting State of a person being surrendered to the other State by a third State.

Article 20 contains provisions on representation and expenses that are similar to those found in other modern extradition treaties. Specifically, the Requested State is required to represent the interests of the Requesting State in any proceedings arising out of a request for extradition. The Requesting State is required to bear the expenses related to the translation of documents and the transportation of the person surrendered. Article 20(3) clarifies that neither State shall make any pecuniary claim against the other State related to the arrest, detention, examination, custody, or surrender of persons sought under the Treaty.

Article 21 states that the competent authorities of the United States and India may consult with each other directly or through