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Southern African Development Community
(f)
if the person whose extradition is requested has been, or would be
subjected in the Requesting State to torture or cruel, inhuman or degrading
treatment or punishment or if that person has not received or would not
receive the minimum guarantees in criminal proceedings, as contained in
Article 7 of the African Charter on Human and Peoples Rights; and
(g)
if the judgment of the Requesting State has been rendered in absentia and
the convicted person has not had sufficient notice of the trial or the
opportunity to arrange for his or her defence and he or she has not had or
will not have the opportunity to have the case retried in his or her presence.
ARTICLE 5
OPTIONAL GROUNDS FOR REFUSAL
Extradition may be refused in any of the following circumstances:
(a)
if the person whose extradition is requested is a national of the Requested
State. Where extradition is refused on this ground, the Requested State
shall, if the other State so requests, submit the case to its competent
authorities with a view to taking appropriate action against the person in
respect of the offence for which extradition had been requested;
(b)
if a prosecution in respect of the offence for which extradition is requested
is pending in the Requested State against the person whose extradition is
requested;
(c)
if the offence for which extradition is requested carries a death penalty
under the law of the Requesting State, unless that State gives such
assurance, as the Requested State considers sufficient that the death
penalty will not be imposed or, if imposed, will not be carried out. Where
extradition is refused on this ground, the Requested State shall, if the other
State 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;
(d)
if the offence for which extradition is requested has been committed outside
the territory of either State Party and the law of the Requested State does
not provide for jurisdiction over such an offence committed outside its
territory in comparable circumstances;
Protocol on Extradition
5