Примеры использования Refusal of extradition на Английском языке и их переводы на Русский язык
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Official
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Colloquial
To specifically regulate the refusal of extradition on the grounds of discrimination;
The Committee expresses its concern that this should not be the only exception for refusal of extradition.
Poor detention conditions can indeed lead to refusal of extradition under the European Arrest Warrant.
The Extradition Act makes no mention of the death penalty as a ground for refusal of extradition.
The grounds for refusal of extradition had been spelled out by the legislature and the Code of Criminal Procedure.
The Committee expresses its concern that this should not be the only exception for refusal of extradition.
The refusal of extradition based on nationality is optional and depends on the discretion of the Minister of Justice s.51(1) and(2)(a), EA.
Determination by the Prosecutor General that the personal and family circumstances of the person sought supported the refusal of extradition.
However, the court decisions instituting proceedings in Austria following the refusal of extradition do not explicitly refer to the above-mentioned provisions.
Other States regard national proceedings for a different offence as a ground for mandatory or optional refusal of extradition.
Political(and fiscal) offences would not be grounds for refusal of extradition, Article 394 of the Code of Criminal Procedure will not be applied in these cases.
The author notes that the treaty itself,as well as the State party's domestic law, provide for refusal of extradition on human rights grounds.
Recommendations were also made to ensure the refusal of extradition when concerns of discrimination would arise, either generally or with specific regard to sex-based discrimination.
In the rest of the jurisdictions in the region,the domestic laws stipulated that nationality was a ground for refusal of extradition.
Although nationality is a ground for refusal of extradition, an Italian national can still be extradited in cases explicitly provided in international conventions Article 26 of the Constitution.
The new Penal Code does not include the'danger of exposure to torture' as one of the grounds for the refusal of extradition as is required by article 3 of the Convention.
However, when the refusal of extradition is based on the nationality of the person requested, upon request of the requesting State, the case is transmitted to the Prosecutor General who may prosecute the person if necessary.
Lastly, his delegation suggested that the Commission should conduct a study in order to identify grounds for refusal of extradition, focusing on the obligation to prosecute.
If the domestic law of the requested State contains provisions regarding refusal of extradition on the basis of the potential imposition of the death penalty, the requested State may consider exercising the following options.
A terrorist act or a violation of international humanitarian law(genocide, etc.)may no longer be deemed a political offence justifying the refusal of extradition.
The Committee takes note of Section 11(b)(iv) of the Extradition Act of 1962(p. 13 of the third report),which provides for refusal of extradition if the request is considered by South Africa to be politically motivated.
It was noted that traditionally, as captured in the Model Treaty, prescription arising in either the requested orrequesting State could constitute a ground for refusal of extradition.
While some delegations also proposed that the Convention contain a provision prohibiting the granting of political asylum to the offender or the refusal of extradition on the ground that the offence was a political act, no corresponding amendment was adopted by the Conference.
The first category of international conventions contained clauses which impose an obligation to extradite, andin which submission to prosecution becomes an obligation only after the refusal of extradition.
The contents of the draft convention on extradition covered comprehensive substantive provisions in the areas of principles of extradition, grounds for refusal of extradition, contents of requests for extradition and consideration of requests for extradition. .
It was also commendable that none of the offences covered by the draft convention were to be regarded as political or politically motivated,thereby considerably narrowing the grounds for refusal of extradition.
Article 481 of the Code of Criminal Procedures stipulates that the political persecution is a relevant ground for the refusal of extradition, which means that an extradition of a person persecuted on criminal charges cannot be refused for political motivations.
The absence of dual criminality, which is determined on the basis of the"underlying conduct" approach(good practice),is an absolute reason for refusal of extradition.
In addition, a number of delegations were attracted to the idea of a provision that would enable States to apply grounds for refusal of extradition set forth in their bilateral treaties or domestic laws, as applicable similar to the approach taken in article 6, paragraph 5, of the 1988 Convention.
The issue of the refusal of extradition on the ground of nationality is addressed in paragraph 10 of article 16, which reflects the principle of aut dedere aut judicare, as well as in paragraphs 11 and 12, on, respectively, conditional surrender of nationals and enforcement of sentences imposed on nationals by a requesting State.