The Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the "Contracting States");
DESIRING to provide for more effective cooperation between the Contracting States in the combating of crime;
HAVING DUE REGARD for human rights and the rule of law;
MINDFUL of the guarantees under their respective legal systems which provide an accused person with the right to a fair trial, including the right to adjudication by an impartial tribunal established pursuant to law;
HAVE agreed as follows:
ARTICLE 1
OBLIGATION TO EXTRADITE
The Contracting States agree to extradite to each other, pursuant to the
provisions of this Treaty, persons whom the authorities in the Requesting State
have charged with or convicted of an extraditable offence.
ARTICLE 2
EXTRADITABLE OFFENCES
(a) the conduct on which the offence is based is punishable under the laws of both States by a maximum sentence of at least twelve (12) months imprisonment or another form of detention, or by a greater punishment; or
(b) the person whose extradition has been requested has been convicted by a competent court of the Requesting State, a sentence of imprisonment or another form of detention of a term of four (4) months or more has been imposed and the conduct is punishable under the laws of the Requested State by a maximum sentence of at least twelve (12) months imprisonment or another form of detention, or by a greater punishment.
ARTICLE 3
GROUNDS FOR REFUSAL
(a) if the offence for which extradition is requested is regarded by the Requested State as an offence of a political nature;
(b) if the Requested State has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinions, sex or status, or that that person's position may be prejudiced for any of those reasons;
(c) if the person sought has been tried and convicted or acquitted by a final judgment in either State or in a third State of the offence for which extradition is requested;
(d) if the prosecution of the person sought would be barred by lapse of time under the domestic law of the Requested State;
(e) if the offence for which extradition has been requested is a military offence and not also an offence under ordinary domestic criminal law;
(f) if extradition would breach the human rights of the person involved in the criminal proceedings;
(g) if the person sought has been convicted in absentia, unless:
(i) an assurance is provided that the person will be entitled to a retrial or an appeal amounting to retrial under the domestic law of the Requesting State; or
(ii) the person was convicted under the following conditions:
(aa) the accused appeared before the court, was informed of the charges and entered a plea;
(bb) the accused was duly notified of the trial; and
(cc) the failure of the accused to appear was unjustifiable;
(h) if extradition is barred for any other reason under the domestic law of the Requested State.
(a) if the person sought has been granted asylum by the Requested State;
(b) if the person sought is under investigation, is being prosecuted or is serving a sentence in the Requested State. If extradition-is requested for conduct other than that for which the person is under investigation, is being prosecuted or is serving a sentence in the Requested Slate, that State may instead defer consideration of extradition until the sentence is completed or the person is discharged; or
(c) if the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that, in the circumstances of the case, including the age or health of the person whose extradition is requested, the extradition of that person would be unjust or incompatible with humanitarian considerations.
ARTICLE 4
CAPITAL PUNISHMENT
When the offence for which extradition is requested is punishable by death under the laws of the Requesting State, and the laws of the Requested State do not permit such punishment for that offence, extradition may be refused unless the Requesting State gives such assurances as the Requested State considers sufficient, that the death penalty, if imposed by the courts of the Requesting State, shall not be carried out.
ARTICLE 5
EXTRADITION OF NATIONALS
Extradition shall not be refused on the ground that the person sought is a citizen of the Requested State.
ARTICLE 6
EXTRADITION PROCEDURES AND REQUIRED DOCUMENTS
(a) as accurate a description as possible of the person sought, together with any other information that would help to establish identity and probable location;
(b) a statement of the facts of the offence(s);
(c) the relevant text of the law(s) describing the essential elements of the offence for which extradition is requested;
(d) the relevant text of the law(s) prescribing the punishment for the offence for which extradition is requested; and
(e) documents, statements, or other types of information specified in paragraphs 3 or 4 of this Article, as applicable.
(a) such evidence as would justify committal for trial under the laws of the Requested State;
(b) a copy of the warrant or order of arrest issued by a judge; and
(c) a copy of the charging document.
(a) information that the person sought is the person to whom the finding of guilt refers;
(b) a copy of the judgment or memorandum of conviction or, if a copy is not available, a statement by a judicial authority that the person has been convicted;
(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
(d) in the case of a person who has been convicted in absentia, the assurances or information as to the conditions specified in Article 3(1)(g).
(a) they are certified by the principal diplomatic or consular officer of the Requesting State resident in the Requested State; or
(b) they are certified or authenticated in any other manner accepted by the law of the Requested State.
ARTICLE 7
ADDITIONAL INFORMATION
If the Requested State considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty and the laws of the Requested State to enable extradition to be granted, that State may request that additional information be furnished within such time as it specifies. Failure to comply with such requests within such time limits may result in the person's discharge. The fact that the person sought has been discharged from custody pursuant to this Article shall not prejudice the subsequent re-arrest and extradition of that person.
ARTICLE 8
LANGUAGE
All documents submitted by either Contracting State shall be in the English language.
ARTICLE 9
PROVISIONAL ARREST
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case including, if possible, the date and location of the offence(s);(d) a description of the law(s) violated;
(e) the original or copy of the warrant or order of arrest or of the finding of guilt or judgment of conviction against the person sought; and
(f) a statement that the supporting documents for the person sought will follow within the time specified in this Treaty.
ARTICLE 10
DECISION AND SURRENDER
ARTICLE 11
TEMPORARY SURRENDER
The provisions of Article 3(2)(b) of this Treaty shall not preclude the possibility of the temporary surrender of the person sought for the purpose of prosecution in the Requesting State, in accordance with conditions to be determined by mutual agreement. The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with the conditions to be determined between the Contracting States. The Requested State may seek further assurances in any given case.
ARTICLE 12
REQUESTS FOR EXTRADITION MADE BY MORE THAN ONE STATE
If the Requested State receives requests from the Requesting State and from any other State or States for the extradition of the same person, either for the same offence or for a different offence, the executive authority of the Requested State shall determine to which State it will surrender the person. In making the decision, the Requested State shall consider all relevant facts, including but not. limited to:
(a) the place where each offence was committed;
(b) the respective interests of the Requesting States;
(c) the gravity of the offences;
(d) the chronological order in which the requests were received from the Requesting States;
(e) whether, in the case of each offence, the person is accused of its commission (but not alleged to have been convicted) or has been convicted;
(f) the possibility of further extradition between the Requesting States.
ARTICLE 13
RULE OF SPECIALITY
(a) the offence for which extradition has been granted or a differently denominated offence based on the same facts on which extradition was granted, provided such offence is extraditable or is a lesser included offence;
(b) an offence committed after the extradition of the person; or
(c) an offence for which the executive authority of the Requested State consents to the person's detention, trial, or punishment.
(a) the person leaves the territory of the Requesting State after the extradition and voluntarily returns to it; or
(b) the person does not leave the territory of the Requesting State having been given an opportunity to do so.
ARTICLE 14
VOLUNTARY SURRENDER
If the person sought consents in writing to surrender to the Requesting State, the Requested State may, notwithstanding that the requirements of Article 6 of this Treaty have not been met, surrender the person as expeditiously as possible.
ARTICLE 15
SEIZURE AND SURRENDER OF PROPERTY
(a) items used in the commission of the offence or which constitute evidence of the offence; and
(b) items obtained during the commission of the offence if they are in the possession of the person sought at the time of the arrest.
ARTICLE 16
TRANSIT
ARTICLE 17
REPRESENTATION AND EXPENSES
ARTICLE 18
CONSULTATION
The Contracting States may consult with each other in connection with the processing of individual cases and in furtherance of maintaining and improving procedures for the implementation of this Treaty.
ARTICLE 19
APPLICATION
(a) in the territory of the Republic of the Philippines;
(b) in the territories of the United Kingdom, which consists of Great Britain and Northern Ireland; and(c) to any other territories for whose international relations one of the States is responsible or to which this Treaty shall have been extended by Exchange of Notes.
ARTICLE 20
RATIFICATION, ENTRY INTO FORCE AND TERMINATION
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.
DONE in two originals at London this 18th day of September 2009 in the English language only.
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES | FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT-BRITAIN AND NORTHERN IRELAND | |
(Sgd.) | (Sgd.) |