Article 8
RUIJ2 OF SPECIALITY

A person who has been extradited shall not be prosecuted, sentenced or detained for any crime committed prior to his surrender other than that for which he was extradited except in the following cases:

(a) When the requested Party which surrendered him consents. A request for consent shall be submitted to the requested Party, accompanied by the documents mentioned in Article 15. Consent shall be given when the crime for which it is requested is itself subject to extradition in accordance with the provisions of Article 2 of this Treaty;
(b) When the person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 4 days of his final discharge, or has returned to that territory after leaving it.

Article 9
PROVISIONAL ARREST

1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law.
2. The request for provisional arrest shall state that the documents mentioned in Article 15 exist and that it is intended to send a request for extradition. It shall also state for what crime extradition will be requested and when and where such crime was committed and shaj.1 so far as possible give a description of the person sought.
3. A request for provisional arrest shall be sent in Thailand, to the Director—General of the Police Department and in Indonesia, to the National Central Bureau (N.C.B.) Indonesia/Interpol either through the diplomatic channels or direct by post or telegraph or through the International Criminal Police Organization (INTERPOL).
4. The requesting Party shall be informed without delay of the result of its request.
5. Provisional arrest may be terminated if, within a period of 20 days after arrest, the requested Patty has not received the request for extradition and the documents mentioned in Article 15.
6. Release shall not prejudice re—arrest and extradition if a request for extradition is received subsequently.

Article 10
SURRENDER OF THE PERSON TO BE EXTRADITED

1. The requested Party shall inform the requesting Party through the diplomatic channels of its decision with regard to the request for extradition.
2. Reasons shall be given for any rejection.
3. 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 detained with a view to surrender.
4. Subject to the provisions of paragraph 5 of this 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 and the requested Party slay refuse to extradite him for the same crime.
5. If circumstances beyond its control prevent Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree on a new date for surrender and the provisions of paragraph 4 of this Article shall apply.

Article 11
POSTPONED SURRENDER

The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his sentence in the territory of that Party for a crime other than that for which extradition is requested.

Next Page [1]  [2] [3] [4]  [5] [6]  [7] [8]  [9]