Page 1046 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1034
Uluslararası Adli İşbirliği
part of the United Kingdom where the judge exercises jurisdiction;
(b) that the person were charged with the extradition offence in that part of the United
Kingdom.
13- Extraneous considerations
A person’s extradition to a category 1 territory is barred by reason of extraneous considerati-
ons if (and only if ) it appears that—
(a) the Part 1 warrant issued in respect of him (though purporting to be issued on
account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing
him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or
(b) if extradited he might be prejudiced at his trial or punished, detained or restricted
in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or
political opinions.
14- Passage of time
A person’s extradition to a category 1 territory is barred by reason of the passage of time if
(and only if ) it appears that it would be unjust or oppressive to extradite him by reason of the pas-
sage of time since he is alleged to have committed the extradition offence or since he is alleged
to have become
unlawfully at large (as the case may be).
15- Age
A person’s extradition to a category 1 territory is barred by reason of his age if (and only if ) it
would be conclusively presumed because of his age that he could not be guilty of the extradition
offence on the assumption—
(a) that the conduct constituting the extradition offence constituted an offence in the
part of the United Kingdom where the judge exercises jurisdiction;
(b) that the person carried out the conduct when the extradition offence was commit-
ted (or alleged to be committed);
(c) that the person carried out the conduct in the part of the United Kingdom where
the judge exercises jurisdiction.
16- Hostage-taking considerations
(1) A person’s extradition to a category 1 territory is barred by reason of hostagetaking consi-
derations if (and only if ) the territory is a party to the Hostagetaking Convention and it appears