Capital Punishment. When the offense for which extradition is requested is punishable by death under the laws of the requesting Government and the laws of the requested Government do not permit such punishment for that offense, extradition may be refused unless the requesting Government provides such assurances as the Executive Authority of the requested Government considers sufficient that the death penalty will not be imposed, or, if imposed, will not be executed.
Capital Punishment. If the crime for which extradition is requested is punishable by death under the law of the requesting Party; and if in respect of such crime the death penalty is not provided for by the law of the requested party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death penalty will not be carried out.
Capital Punishment. Where the offence for which extradition is sought is punishable by death under the laws in the requesting State and not punish- able by death under the laws in the requested State, the requested State may grant extradition on the condition that the death penalty shall not be imposed on the person sought, or if for procedural reasons such condition cannot be complied with by the requesting State, on condition that the death penalty if imposed shall not be carried out. If the requesting State accepts extradition subject to conditions pursuant to this Article, it shall comply with the conditions. If the requesting State does not accept the conditions, the request for extradition may be denied.
Capital Punishment. If any offence for which the flag State decides to exercise its preferential jurisdiction in accordance with Article 14 is punishable by death under the law of that State, and if in respect of such an offence the death penalty is not provided by the law of the intervening State or is not normally carried out, the surrender of any person may be refused unless the flag State gives such assurances as the intervening State considers sufficient that the death penalty will not be carried out.
Capital Punishment. 1. When the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless:
(a) the offense constitutes murder under the laws in the Requested State; or
(b) the Requesting State provides assurances that the death penalty, if imposed, will not be carried out.
2. In instances in which a Requesting State provides an assurance in accord ance with paragraph (1)(b) of this Article, the death penalty, if imposed by the courts of the Requesting State, shall not be carried out.
Capital Punishment. 1. When the offense for which extradition is requested is punishable by death under the laws in the Requesting State, and the laws in the Requested State do not permit such punishment for that offense, extradition may be refused unless the Requesting State provides such assurances as the Requested State considers sufficient that if the death penalty is imposed, it will not be carried out.
2. In instances in which a Requesting State provides an assurance in accordance with paragraph 1 of this Article, the death penalty, if imposed by the courts of the Requesting State, shall not be [18] carried out.
Capital Punishment. Capital punishment is the maximum use of jurisprudence under the laws of divine establishment. Capital punishment must be preceded by trial authorized from the judicial function of government. There must be an objective judge who can look clearly at true evidence; heresy and prejudice are rejected. When evidence points to a crime truly committed, there must be punishment such that the criminal suffers in dying, and others must see this for the purpose of restraint.
Capital Punishment. Sensitive information in a request Article 15 Consultations
Capital Punishment. The Committee has in the past expressed some concern about treaties for defence cooperation exposing Australian defence personnel to the laws and regulations of the host country when those laws and regulations do not meet the Australian community’s expectations for the treatment of sentenced prisoners. In Report 95 the Committee discussed this issue in relation to the Treaty between Australia and the State of the United Arab Emirates on Defence Cooperation. In that Report, the Committee noted: …it is possible that Australian personnel will be subject to the death penalty or judicial flogging under United Arab Emirates law. This could be seen as incompatible with human rights law.23
Capital Punishment. When the offense for which extradition is requested is punishable by death under the laws of the requesting Government and the laws of the requested Government do not permit such punishment for that offense, extradition may be refused unless the requesting Government provides such assurances as the Executive Authority of the requested Government considers sufficient that the death penalty will not be imposed, or, if imposed, will not be executed. After a decision on a request for extradition has been rendered in the case of a person who is being proceeded against or is serving a sentence in the jurisdiction of the United States or the Republic of the Xxxxxxxx Islands for an offense other than that for which extradition has been requested, the requested Government may defer the surrender of the person sought until the conclusion of the proceedings against that person, or the full execution of any punishment that may be, or may have been, imposed; or temporarily surrender the person sought to the requesting Government solely for the purpose of prosecution. The person so surrendered shall remain in custody during the period of surrender and shall be returned at the conclusion of the proceedings against that person in accordance with conditions to be determined by agreement of the Executive Authorities of the Signatory Governments.
