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Southern African Development Community
2.
A request for the consent of the Requested State under this Article shall be
accompanied by the documents mentioned in Article 6 of this Protocol and
a legal record of any statement made by the extradited person with respect
to the offence.
3.
Paragraph 1 of this Article shall not apply if the person has had an
opportunity to leave the Requesting State and has not done so withinthirty
(30) days of final discharge in respect of the offence for which that person
was extradited or ifthe person has voluntarilyreturned to the territory of the
RequestingState after leavingit.
ARTICLE 17
TRANSIT
1.
Where a person is to be extradited to a State Party from a Third State
through the territory of the other State Party, the State Party to which the
person is to be extradited shall request the other State Party to permit the
transit of that person through its territory. This does not apply where air
transport is used and no landing in the territory of the other State Party is
scheduled.
2.
Upon receipt of such a request, which shall contain relevant information,
the Requested State shall deal with this request pursuant to procedures
provided by its own laws. The Requested State shall grant the request
expeditiously unless its essential interest would be prejudiced thereby.
3.
The State of transit shall ensure that legal provisions exist that would
enable the detention of the person in custody during transit.
4.
In the event of an unscheduled landing, the State Party to be requested to
permit transit may, at the request of the escorting officer, hold the person
for such reasonable period as may be permitted by its laws, pending
receipt of the transit request to be made in accordance with paragraph 1 of
this Article.
Protocol on Extradition
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