Page:United States Statutes at Large Volume 49 Part 2.djvu/1099

This page needs to be proofread.


PAN AMERICAN CONVENTION-EXTRADITION. DEC. 26, 1933. 3115 a) An authentic copy of the sentence, when the accused has been tried and condemned by the courts of the demanding State. b) When the person is only under accusation, an authentic copy of the order of detention issued by the competent judge, with a precise description of the imputed offense, a copy of the penal laws applicable thereto, and a copy of the IM\-s referring to the prescription of the action or the penalty. c) In the case of an individual under accusation as also of an individual already condemned, there shall be furnished all possible information of a personal character which may help to identify the individual whose extradition is sought. ARTICLE 6 When a person whose extradition is sought shall be under trial or Prior, etc. , oftenses. shall be already condemned in the State from which it is sought to extradite him, for an offense committed prior to the request for extra- dition, said extradition shall be granted at once, but the surrender of the accused to the demanding State shall be deferred until his trial ends or his sentence is served. ARTICLE 7 When the extradition of a p'erson is sought b~ several States for Persons claimed by h ff f IIb · h . h . other Powers. t esame0 ense,preerenceWI egIventot e tateInw oseteITl- tory said offense was committed. If he is sought for several offenses, preference will be given to the State within whose bounds shall have been committed the offense which has the greatest penalty according to the law of the surrendering State. n the case is one of different acts which the State from which extra- dition is sought esteems of equal gravity, the 'Oreference will be determined by the priority of the request. ARTICLE 8 h Thde requ~stl f~rlex~raditfionh shall bedde~rmSined in dacchor~andi~e .'"dritlI1 re17:02, 19 November 2014 (UTC)~~f~e.of sur· te omestIcegIsatlOn0 tesurrenenng tatean teill VIua whose extradition is sought shall have the right to use all the reme- dies and resources authorized by such legislation, either before the judiciary or the administrative authorities 8S may be provided for by the aforesaid legislation. ARTICLE 9 Once a request for extradition in the form indicated in Article 5 ti~pPrehending fugi- has been received, the State from which the extradition is sought will . exhaust all necessary measures for the capture of the person whose extradition is requested. ARTICLE 10 The requesting State may ask, by any means of communication, . Provisional deten- the provisional or preventive detention of a person, if there is, at hon. least, an order by some coun for his detention and if the State at the same time offers to request extradition in due course. The State from which the extradition is sought will order the immediate arrest of the accused. If within a maximum period of two months after the requesting State has been notified of the arrest of the person, said State has not formally apI,>lied for extradition, the detamed person will be set at liberty and his extradition may not again be requested except in the way established by Article 5. The demanding State is exclusively liable for any damages which Liabi1!ty to rest with . h.f h .. I . d . f demandmg State. mIg t anse rom t e proVIsiona or preventIve etentIon 0 a person. 104019°-:~G-P1' 11-68