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Southern African Development Community
Extradition may be granted pursuant to the provisions of this Protocol in
respect of any offence provided that:
(a)
it was an offence in the Requesting State at the time of the conduct
constituting the offence; and
(b)
the conduct alleged would, if it had taken place in the Requested
State at the time of making the request for extradition, have
constituted an offence against the law of the Requested State.
If the request for extradition relates to several separate offences, each of
which is punishable under the laws of both State Parties, but some of which
do not meet the other requirements of paragraph 1, the Requested State
may grant extradition for such offences provided that the person is to be
extradited for at least one extraditable offence.
ARTICLE 4
MANDATORY GROUNDS FOR REFUSAL TO EXTRADITE
Extradition shall be refused in any of the following circumstances:
(a)
if the offence for which extradition is requested is of a political nature. An
offence of a political nature shall not include any offence in respect of which
the State Parties have assumed an obligation, pursuant to any multilateral
convention, to take prosecutorial action where they do not extradite, or any
other offence that the State Parties have agreed is not an offence of a
political character for the purposes of extradition;
(b)
if the Requested State has substantial grounds for believing that the
request for extradition has been made for the purpose of prosecuting or
punishing a person on account of that person's race, religion, nationality,
ethnic origin, political opinion, sex or status or that the person's position
may be prejudiced for any of those reasons;
(c)
if the offence for which extradition is requested constitutes an offence
under military law, which is not an offence under ordinary criminal law;
(d)
if there has been a final judgment rendered against the person in the
Requested State or a Third State in respect of the offence for which the
person's extradition is requested;
(e)
if the person whose extradition is requested has, under the law of either
State Party, become immune from prosecution or punishment for any
reason, including lapse of time or amnesty;
Protocol on Extradition
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