UNITED STATES OF AMERICA

BASIC PRINCIPLES

- Extraditable offenses are offenses that are Punishable under the laws in both states by
deprivation of liberty for more than one (1) year or a more severe penalty
- Attempt or a conspiracy to commit, aiding or abetting, or being an accessory to any extraditable
offense.
- If requesting state has death penalty for the offense, requested state may refuse extradition if
they don’t have death penalty
- Unless requesting state assures requested state that death penalty will not be carried out
- Extradition cannot be refused if the person sought is a national of the requested state

EXCEPTIONS

- Political Offenses
- Military offense
- If the request is politically motivated
- Prior prosecution
- If the offense is punishable by death requested state may refuse extradition

PROCEDURE

- All requests for extradition shall be submitted through the diplomatic channel
- All requests for extradition shall be supported by:
a. Documents, statements, or information that describes the identity and probable location of
person sought
b. Statement of the facts of the offense
c. Statement of the provisions of the law describing the essential elements of the offense
d. Statement of the provisions of the law describing the punishment for the offense
e. Statement of the provisions of the law describing any time limit on prosecution
f. Documents or other types of information
- Accompanied by such evidence, that would provide probable cause for arrest and commital for
trial
- A request for extradition relating to a person who has been convicted of the offense

SURRENDER

- Requested state shall notify the requesting state of its decision on the request for extradition
- If it is denied, the requested state shall provide reason for denial.
- Authorities of the contracting parties shall agree on the time and place for the surrender
- If the person is not removed from the territory of requested state, the person may be
discharged from custody, and requested state may refuse extradition for the same offense

RULE OF SPECIALITY

- A person extradited under this treaty may not be detained or punished in the requesting state
except for:
A. Offense for which extradition has been granted
B. Offense commited after the extradition of the person
C. Offense for which executive authority of the requested state consents to the persons detention
or punishment
- A person may not be extradited to a third state for an offense committed prior to his surrender
unless the surrendering state consents.
AUSTRALIA

BASIC PRINCIPLES

- Punishable under the laws of both states by imprisonment of at least one (1) year or a more
severe penalty.
- When person sought is a convict, extradition shall be granted only if 6 months are left to be
served
- If the offence for which the extradition is requested is punishable by death under the laws of the
requesting state
- Unless requesting state undertakes that death penalty will not be carried out.
- If the offence has been committed outside the territory of the Requesting State, extradition shall
be granted where the laws of the Requested State provide for the punishment of an offence
committed outside its territory in similar circumstances.
- Where the laws of the Requested State do not so provide, the Requested State may, in its
discretion, refuse extradition

EXCEPTIONS

- Political offense
- Military offense
- Extradition may be refused if the person requested is a national of the requested state
- Not granted if request is motivated by race, religion, nationality, or political belief
- If final judgement has been passed in requested state
- If the offense is an offense which carries a punishment of the kind described in article 7 of the
ICCPR
- If extradition is deemed inhumane to a person sought who is of old age

PROCEDURE

- A request for extradition shall be made in writing and shall be communicated through the
diplomatic channel.
- Request for extradition shall be accompanied if:
a. if the person is accused of an offence - by a warrant for the arrest or a copy of the warrant for
the arrest of the person
b. if the person has been convicted in that person's absence of an offence - by a judicial or other
document,
c. if the person has been convicted of an offence otherwise than in that person's absence - by
documents evidencing the conviction and the sentence imposed
d. if the person has been convicted of an offence otherwise than in that person's absence but no
sentence has been imposed - by documents evidencing the conviction and a statement affirming
that it is intended to impose a sentence;
e. in all cases - by a statement of the relevant law creating the offence, including any provision
relating to the limitation of proceedings and a statement of the penalty that can be imposed for
the offence;
 f. in all cases - by a description as accurate as possible of the person sought together with any
other information which may help to establish the person's identity, nationality and
whereabouts

SURRENDER

- The Requested State shall surrender the person from a point of departure in its territory
convenient to the Requesting State.
- Requesting State shall remove the person from the Requested State within such reasonable
period as the Requested State specifies
- if the person is not removed within that period, the Requested State may refuse to extradite
that person for the same offence

RULE OF SPECIALTY

- A person who has been extradited shall not be prosecuted, sentenced or detained for any
offence committed prior to surrender other than that for which the person was extradited
except in the following cases:
A. when the Requested State consents
B. when the person has had an opportunity to leave the Requesting State has not done so within
forty-five (45) days of the final discharge.
INDONESIA

BASIC PRINCIPLES

- Extraditable offenses are:

1. Murder, parricide, infanticide, homicide
2. Rape, indecent assault
3. Abduction
4. Mutilation
5. Illegal or arbitrary detention
6. Slavery
7. Robbery
8. Estafa
9. Extortion
10. Bribery
11. Falsification; perjury
12. Forgery
13. Smuggling
14. Arson
15. Hijacking
16. Crimes against the laws relating to firearms, explosives, or incendiary devices
- The offense must be punishable by imprisonment of more than one year
- Shall be granted to participation in any of the crimes mentioned; accomplices, accessories,
attempt to commit
- If the crime for which extradition is requested is punishable by death under the law of
requesting party. Extradition may be refused unless the requesting party gives such assurance
that death penalty will not be carried out
- Each party shall have the right to refuse extradition of nationals
- The requested Party may refuse to extradite a person claimed for a crime which is regarded by
its laws
- as having been committed in whole or in part in its territory or in a place treated as its territory.

EXCEPTIONS

- When the person whose surrender is sought and has been tried and acquitted
- Barred by prescription or lapse of time of either of the contracting parties
- Crime constitutes an infraction against military law
- Political crimes

PROCEDURE

- The procedure with regard to extradition and provisional arrest of the person requested to be
extradited shall be governed solely by the law of the requested Party.
SURRENDER

- The requested Party shall inform the requesting Party through the diplomatic channels of its
decision
- Reasons shall be given for any rejection
- If the request is agreed to, the requesting Party shall be informed of the place and date of
- surrender and of the length of time for which the person claimed was detailed with a view to
surrender
- Article, if the person claimed has not been taken over on the appointed date, he may be
released after the expiry of 15 days and shall in any case be released after the expiry of 30 days