Examples of using Refusing extradition in English and their translations into Spanish
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Colloquial
Human rights considerations as grounds for refusing extradition.
A decision consenting to or refusing extradition is to be given within the ten following days.
There is no obligation on Viet Nam to consult with requesting States before refusing extradition.
A duty to consult before refusing extradition is not specified in the law, though it is required under certain treaties.
Likewise, no set procedures exist in Mauritius to consult with other States before refusing extradition, but this would be done in practice.
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In addition to the grounds for refusing extradition expressly included in treaties dealing with extradition, grounds also arise from other obligations.
In one of these countries, also the discrimination on account of ethnic origin orpolitical opinions was not covered as a ground for refusing extradition.
According to the provisions of the Code of Criminal Procedure the decision on granting or refusing extradition falls within the competence of the Prosecutor General.
In one of those countries, discrimination on account of ethnic origin orpolitical opinions was not considered a ground for refusing extradition.
France has also reserved the option of refusing extradition if"the penalties or security measures are not provided for in the scale of penalties applicable in France.
Article 71 of the new Criminal Code regulates the extradition of individuals who have committed offences grounds for granting and refusing extradition.
In the Supreme Court's decision agreeing to or refusing extradition, the applicable international treaties and the principles of international law have to be taken into consideration.
Thus, terrorist acts, such as bombing or the financing of terrorism, do not benefit from this protection.72The political offences exception is sometimes used as a reason for refusing extradition.
The court will make its decision, either granting or refusing extradition, within the 10 days following the procedure outlined above, and may attach to it such conditions as it deems appropriate.
The passive extradition law of 21 March 1985 provides that terrorist acts may not be considered political offences for the purpose of refusing extradition.
The Republic of Korea appears to have a practice of consulting with requesting States before refusing extradition, though the matter is not directly addressed in the Extradition Act or the bilateral treaties.
The State party also refers to article 4 of the United Nations Model Treaty on Extradition, which lists optional, butnot mandatory, grounds for refusing extradition.
There appeared to be no uniform interpretation and application of the requirement set forth in article 44, paragraph 17,of the Convention i.e. consultation with the requesting State before refusing extradition.
Although the grounds for refusing extradition are set out in chapters 46 and 47 of the Criminal Procedural Code of Mongolia, instances of"a sufficient reason to consider the threat of torture" are not specifically mentioned in the Code.
The Republic of Korea may wish to consider including a requirement to consult with requesting States before refusing extradition in its Extradition Act and to review its treaties.
The grounds for refusing extradition were as follows: the person claimed was a Russian citizen; the act referred to in the request was not punishable under Russian law; the prosecution was brought on political grounds, etc.
The first report indicates that, in some cases,political motivation is recognized as a ground for refusing extradition, but that terrorist acts do not come within the category of political offences. What is the basis on which they are excluded?
The CTC notes the assurances provided in both reports, in relation to subparagraph 3(g),that political motivation is not recognized in Saudi Arabian law as a ground for refusing extradition for a terrorist offence.
Before refusing extradition or mutual legal assistance, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.
This provision would, therefore,prevent claims of political motivation being recognized as grounds for refusing extradition of alleged terrorists under the Extradition Act for offences within the scope of particular conventions.
The grounds for refusing extradition must be transmitted at the time of ratification or accession to the Convention, with an indication of the legal basis in national legislation or international conventions that prevents such extradition. .
In this field, Portuguese law currently gives rise to some delicate problems:the death penalty is no longer a ground for refusing extradition(art. 6), as under the previous legal system, so long as the requesting authorities undertake not to apply it.
Concerning consultations with the requesting State before refusing extradition, a number of recommendations were made to include such an obligation in legislation or treaties, in some cases despite the fact that such consultations were held in practice.
General conditions for extradition are set forth in sections 3-5 of PD 1069, while the specific minimum penalty requirements as well as the mandatory anddiscretionary grounds for refusing extradition are addressed in existing treaties.