Examples of using Conditional surrender in English and their translations into Arabic
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Article 47: Postponed or conditional surrender.
The conditional surrender of nationals is provided under the European arrest warrant.
Another 38 States indicated that conditional surrender was not available in their country.
Conditional surrender of nationals, as foreseen in article 44, paragraph 12, of the Convention, is carried out within the framework of the EAW process.
The traditional prosecute-or-extradite provisionshad been strengthened through the inclusion of a provision for the conditional surrender of an accused by a State which did not normally extradite its own nationals.
Moreover, the issue of conditional surrender of nationals is regulated in bilateral agreements.
(d) How can obstacles linked to the non-extradition of nationals be overcome? How can the use of alternatives-application of the" extradite or submit to prosecution" principle or conditional surrender- be further promoted?
Nineteen responding States reported that conditional surrender was available in their country, a number of them indicating that the mechanism was provided for under various bilateral treaties to which they were parties.
Returning the prisoner to the State of nationality has clear rehabilitativeand humanitarian advantages, so conditional surrender can be a mutually beneficial resolution that merits increased consideration.
The conditional surrender of a Latvian citizen to the requesting State upon the condition of return to serve the sentence in Latvia is provided for in section 715, paragraph 3 CPL, and only in relation to the European arrest warrant procedure.
The Organized Crime Convention(art. 16, para. 11) and the Convention against Corruption(art. 44, para. 12)provide that conditional surrender, when permitted by domestic law, satisfies the" extradite or prosecute" obligation.
The conditional surrender of nationals, as foreseen in article 44, paragraph 12, of the UNCAC, is regulated in the implementing legislation for the Framework Decision on the European Arrest Warrant and will be enforced upon Croatia ' s accession to the European Union.
(d) How can obstacles linked to the non-extradition of nationals be overcome? How can the use of alternatives-- applicationof the aut dedere aut judicare principle or conditional surrender and/or enforcement of a foreign sentence-- be further promoted?
Two of those five States applied the conditional surrender in the context of the Council of the European Union framework decision on the European arrest warrant; others were parties to bilateral agreements that regulated conditional surrender or foresaw it in their national legislation.
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 autdedere 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.
From those three, one applied the conditional surrender in the context of the Framework Decision of the European Union on the European Arrest Warrant; the other was party to two bilateral agreements that regulated conditional surrender(one further bilateral agreement to this effect was not yet in force).
The issue of the non-extradition of nationals and the use of alternatives to ensure successful prosecutions,including application of the" extradite or prosecute" principle or conditional surrender, were also discussed in most workshops, as were issues related to the protection of human rights in extradition proceedings.
(c) Establish mechanisms to facilitate extradition in line with the international drug control conventions, subject to their national legislation, specifically by considering further simplification of requirements in such areas as dual criminality, the application of political offences,consent surrender and conditional surrender;
The issue of non-extradition of nationals and measures to enhance the use of alternatives,including application of the" extradite or submit to prosecution" principle and conditional surrender, were also discussed in most workshops, as well as issues related to the protection of human rights, in particular those of refugees, in extradition proceedings.
The Model Treaty on Extradition, for example, contains 18 articles covering, inter alia, extraditable offences; mandatory and optional grounds for refusal; channels of communication and required documents; simplified extradition procedures; provisional arrest;surrender and postponed or conditional surrender; the rule of speciality; concurrent requests; and costs.
The conditional extradition or surrender of nationals is not recognized in the Republic of Korea.
There was a suggestion to make clear that the conditional extradition or surrender would take place only when a State party was permitted to do so under its laws(A/AC.252/1997/WP.6).
The majority of States in which extradition of nationals was not permitteddid not have legislation providing for the conditional extradition or temporary transfer or surrender of a national on the condition that he or she be promptly returned after trial to the extraditing country ' s territory.
A conditional extradition or surrender by a State Party of one of its nationals which would be permitted under its law only through the optional agreement with the State seeking the extradition of the person that that person will be returned to that State to serve any sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, shall be deemed to constitute an extradition for the purpose of this Convention.".
On the question discussed by the Special Rapporteur regarding whether the obligation was alternative or conditional, his Government agreed with the view that it was conditional, since the principle of aut dedere aut judicare did notmean that a State was free to choose between surrendering or prosecuting the accused.
A provision on conditional extradition or surrender is stated in the Act(2003:1156) on surrender from Sweden according to the EAW(chapter 3, section 2).
The Organized Crime Convention(article 16, paragraph 11) and the Convention against Corruption(article 44, paragraph 12)provide that conditional extradition or surrender, when permitted by domestic law, satisfies the" extradite or prosecute" obligation.