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Southern African Development Community
(e)
if the offence for which extradition is requested is regarded under the laws
of the Requested State as having been committed in whole or in part within
that State. Where extradition is refused on this ground, the Requested
State shall, if the other State Party so requests submit the case to its
competent authorities with a view to taking appropriate action against the
person for the offence for which extradition had been requested; and
(f)
if the Requested State, while also taking into account the nature of the
offence and the interest of the Requesting State, considers that, in the
circumstances of the case, the extradition of that person would be
incompatible with humanitarian considerations in view of age, health or
other personal circumstances of that person.
ARTICLE 6
CHANNELS OF COMMUNICATION AND REQUIRED DOCUMENTS
1.
A request for extradition shall be made in writing. The request, supporting
documents and subsequent communications shall be transmitted through
the diplomatic channel, directly between the Ministries of Justice or any
other authority designated by the State Parties.
2.
A request for extradition shall be accompanied by the following:
(a)
(b)
in all cases,
(i)
as accurate as possible, a description of the person sought,
together with any other information that may help to establish
that person's identity, nationality and location;
(ii)
the text of the relevant provision of the law creating the
offence and, where necessary, a statement of the law
relevant to the offence and a statement of the penalty that
can be imposed for the offence;
if the person is accused of an offence, by a warrant issued by a court
or other competent judicial authority for the arrest of the person or a
certified copy of that warrant, a statement of the offence for which
extradition is requested and a description of the acts or omissions
constituting the alleged offence, including an indication of the time
and place of its commission;
Protocol on Extradition
6