INTER-AMERICAN CONVENTION ON EXTRADITION
(Caracas, 25.II.1981)
Reaffirming their goal of strengthening international
cooperation in legal and criminal law matters, which was the
inspiration for the agreements reached in Lima on March 27, 1879,
in Montevideo on January 23, 1889, in Mexico City on January 28,
1902, in Washington on February 7, 1923, in Havana on February 20,
1928, in Montevideo on December 26, 1933, in Guatemala City on
April 12, 1934, and in Montevideo on March 19, 1940;
Taking into consideration resolutions CVII of the Tenth
Inter-American Conference (Caracas, 1954), VII of the Third
Meeting of the Inter-American Council of Jurists (Mexico, 1956),
IV of the Fourth Meeting of that Council (Santiago, Chile, 1959),
and AG/RES.91 (II-0/72), 183 (V-0/75) and 310 (VII-0/77) of the
General Assembly of the Organization of American States, as well
as the draft Conventions proposed by the Inter-American Juridical
Committee in 1954, 1957, 1973, and 1977;
Believing that the close ties and the cooperation that exist
in the Americas call for the extension of extradition to ensure
that crime does not go unpunished, and to simplify procedures and
promote mutual assistance in the field of criminal law on a wider
scale than provided for by the treaties in force, with due respect
to the human rights embodied in the American Declaration of the
Rights and Duties of Man and the Universal Declaration of Human
Rights; and
Conscious that the fight against crime at the international
level will enhance the fundamental value of justice in criminal
law matters,
The Member States of the Organization of American States adopt
the following Inter-American Convention on Extradition
Article 1
Obligation to Extradite
The States Parties bind themselves, in accordance with the
provisions of this Convention, to surrender to other States
Parties that request their extradition persons who are judicially
required for prosecution, are being tried, have been convicted or
have been sentenced to a penalty involving deprivation of liberty.
Article 2
Jurisdiction
1. For extradition to be granted, the offense that gave rise
to the request for extradition must have been committed in the
territory of the requesting State.
2. When the offense for which extradition is requested has
been committed outside the territory of the requesting State,
extradition shall be granted provided the requesting State has
jurisdiction to try the offense that gave rise to the request for
extradition and to pronounce judgment thereon.
3. The requested State may deny extradition when it is
competent, according to its own legislation, to prosecute the
person whose extradition is sought for the offense on which the
request is based. If it denies extradition for this reason, the
requested State shall submit the case to its competent authorities
and inform the requesting State of the result.
Article 3
Extraditable Offenses
1. For extradition to be granted, the offense for which the
person is sought shall be punishable at the time of its
commission, by reason of the acts that constitute it, disregarding
extenuating circumstances and the denomination of the offense, by
a penalty of not less than two years of deprivation of liberty
under the laws of both the requesting State and the requested
State. Where the principle of retroactivity of penal law exists,
it shall be applied only when it is favorable to the offender.
2. If the extradition is to be carried out between States
whose laws establish minimum and maximum penalties, the offense
for which extradition is requested shall be punishable, under the
laws of the requesting and the requested States, by an average
penalty of at least two years of deprivation of liberty. Average
penalty is understood to be one-half of the sum of the minimum and
maximum terms of each penalty of deprivation of liberty.
3. Where the extradition of an offender is requested for the
execution of a sentence involving deprivation of liberty, the
duration of the sentence still to be served must be at least six
months.
4. In determining whether extradition should be granted to a
State having a federal form of government and separate federal and
state criminal legislation, the requested State shall take into
consideration only the essential elements of the offense and shall
disregard elements such as interstate transportation or use of the
mails or other facilities of interstate commerce, since the sole
purpose of such elements is to establish the jurisdiction of the
federal courts of the requesting State.
Article 4
Grounds for Denying Extradition
Extradition shall not be granted:
1. When the person sought has completed his punishment or has
been granted amnesty, pardon or grace for the offense for which
extradition is sought, or when he has been acquitted or the case
against him for the same offense has been dismissed with
prejudice.
2. When the prosecution or punishment is barred by the statute
of limitations according to the laws of the requesting State or
the requested State prior to the presentation of the request for
extradition.
3. When the person sought has been tried or sentenced or is to
be tried before an extraordinary or ad hoc tribunal of the
requesting State.
4. When, as determined by the requested State, the offense for
which the person is sought is a political offense, an offense
related thereto, or an ordinary criminal offense prosecuted for
political reasons. The requested State may decide that the fact
that the victim of the punishable act in question performed
political functions does not in itself justify the designation of
the offense as political.
5. When, from the circumstances of the case, it can be
inferred that persecution for reasons of race, religion or
nationality is involved, or that the position of the person sought
may be prejudiced for any of these reasons.
6. With respect to offenses that in the requested State cannot
be prosecuted unless a complaint or charge has been made by a
party having a legitimate interest.
Article 5
Specific Offenses
No provision of this Convention shall preclude extradition
regulated by a treaty or Convention in force between the
requesting State and the requested State whose purpose is to
prevent or repress a specific category of offenses and which
imposes on such States an obligation to either prosecute or
extradite the person sought.
Article 6
Right of Asylum
No provision of this Convention may be interpreted as a
limitation on the right of asylum when its exercise is
appropriate.
Article 7
Nationality
1. The nationality of the person sought may not be invoked as
a ground for denying extradition, except when the law of the
requested State otherwise provides.
2. In the case of convicted persons, the States Parties may
negotiate the mutual surrender of nationals so that they may serve
their sentences in the States of which they are nationals.
Article 8
Prosecution by the Requested State
If, when extradition is applicable, a State does not deliver
the person sought, the requested State shall, when its laws or
other treaties so permit, be obligated to prosecute him for the
offense with which he is charged, just as if it had been committed
within its territory, and shall inform the requesting State of the
judgement handed down.
Article 9
Penalties Excluded
The States Parties shall not grant extradition when the
offense in question is punishable in the requesting State by the
death penalty, by life imprisonment, or by degrading punishment,
unless the requested State has previously obtained from the
requesting State, through the diplomatic channel, sufficient
assurances that none of the above-mentioned penalties will be
imposed on the person sought or that, if such penalties are
imposed, they will not be enforced.
Article 10
Transmission of Request
The request for extradition shall be made by the diplomatic
agent of the requesting State, or, if none is present, by its
consular officer, or, when appropriate, by the diplomatic agent of
a third State to which is entrusted, with the consent of the
government of the requested State, the representation and
protection of the interests of the requesting State. The request
may also be made directly from government to government, in
accordance with such procedure as the governments concerned may
agree upon.
Article 11
Supporting Documents
1. The request for extradition shall be accompanied by the
documents listed below, duly certified in the manner prescribed by
the laws of the requesting State:
a. A certified copy of the warrant for arrest, or other
document of like nature, issued by a competent judicial authority,
or the Ministerio Publico as well as a certified copy of evidence
that, according to the laws of the requested State, is sufficient
for the arrest and commitment for trial of the person sought. This
last mentioned requirement shall not apply if the laws of the
requesting State and of the requested State do not so provide. If
the person has been tried and convicted of the offense by the
courts of the requesting State, a certified verbatim copy of the
final judgment shall suffice.
b. The text of the legal provisions that define and penalize
the alleged crime, as well as those of the statute of limitations
governing prosecution and punishment.
2. The request for extradition shall also be accompanied by
the translation into the language of the requested State, if
appropriate, of the documents enumerated in the previous
paragraph, as well as by any personal data that will permit
identification of the person sought, indication of his
nationality, and, whenever possible, his location within the
territory of the requested State, photographs, fingerprints, or
any other satisfactory means of identification.
Article 12
Supplementary Information and Legal Assistance
1. The requested State, when it considers that the documents
presented are insufficient, in accordance with the provisions of
Article 11 of this Convention, shall so inform the requesting
State as soon as possible. The requesting State shall correct any
omissions or defects observed within a period of thirty days in
the event the person sought is already detained or subject to
precautionary measures. If, because of special circumstances, the
requesting State is unable to correct the omissions or defects
within that term, it may ask the requested State to extend the
term by thirty days.
2. The requested State shall provide, at no cost to the
requesting State, legal assistance to protect the interests of the
requesting State before the competent authorities of the requested
State.
Article 13
Rule of Speciality
1. A person extradited under this Convention shall not be
detained, tried or punished in the territory of the requesting
State for an offense, committed prior to the date of the request
for extradition, other than that for which extradition has been
granted unless:
a. That person leaves the territory of the requesting State
after extradition and voluntarily returns to it; or
b. That person does not leave the territory of the requesting
State within thirty days after being free to do so; or
c. The competent authority of the requested State consents to
that person's detention, trial or punishment for another offense.
In such case, the requested State may require the requesting State
to submit the documents mentioned in Article 11 of this
Convention.
2. When extradition has been granted, the requesting State
shall inform the requested State of the final resolution of the
case against the person extradited.
Article 14
Provisional Detention and Precautionary Measures
1. In urgent cases, a State Party may request by the means of
communication provided for in Article 10 of this Convention, or
any other such means, the detention of the person who is
judicially required for prosecution, is being tried, has been
convicted, or has been sentenced to a penalty involving
deprivation of liberty, and may also request the seizure of the
objects related to the offense. The request for provisional
detention shall contain a statement of intention to present the
formal request for the extradition of the person sought, a
statement of the existence of a warrant of arrest or of a judgment
of conviction against that person issued by a judicial authority,
and a description of the offense. The request for provisional
detention shall be the sole responsibility of the requesting
State.
2. The requested State shall order provisional detention and,
when appropriate, the seizure of objects and shall immediately
inform the requesting State of the date on which provisional
detention commenced.
3. If the request for extradition, accompanied by the
documents referred to in Article 11 of this Convention, is not
presented within sixty days of the date on which the provisional
detention referred to in paragraph 1 of this article commenced,
the person sought shall be set free.
4. After the period of time referred to in the preceding
paragraph has expired, the detention of the person sought may not
be again requested except upon presentation of the documents
required under Article 11 of this Convention.
Article 15
Requests by more than One State
When the extradition is requested by more than one State for
the same offense, the requested State shall give preference to the
request of the State in which the offense was committed. If the
requests are for different offenses, preference shall be given to
the State seeking the individual for the offense punishable by the
most severe penalty, in accordance with the laws of the requested
State. If the requests involve different offenses that the
requested State considers to be of equal gravity, preference shall
be determined by the order in which the requests are received.
Article 16
Legal Rights and Assistance
1. The person sought shall enjoy in the requested State all
the legal rights and guarantees granted by the laws of that State.
2. The person sought shall be assisted by legal counsel, and
if the official language of the country is other than his own, he
shall also be assisted by an interpreter.
Article 17
Communication of the Extradition Decision
The requested State shall promptly inform the requesting State
of its decision on the request for extradition and the reasons for
its approval or denial.
Article 18
Non bis in idem
Once the request for extradition of a person has been denied,
a request may not be made again for the same offense.
Article 19
Surrender of the Person Sought and Delivery of Property
1. The surrender of the person sought to the agents of the
requesting State shall be carried out at a place determined by the
requested State. This place shall, if possible, be an airport from
which direct international flights depart for the requesting
State.
2. If the request for provisional detention or for extradition
is accompanied by a request for the seizure of documents, money or
other objects that result from the alleged offense or may serve as
evidence, such objects shall be collected and deposited under
inventory by the requested State for subsequent delivery to the
requesting State when the extradition is granted and even though
the extradition is impeded by force majeure, unless the law of the
requested State forbids such delivery. In any event, the rights of
third parties shall not be affected.
Article 20
Deferral of Surrender
1. When the person sought is being tried or is serving a
sentence in the requested State for an offense other than that for
which the extradition is requested, his surrender may be deferred
until he is entitled to be set free by virtue of acquittal,
completed service or commutation of sentence, dismissal, pardon,
amnesty or grace. No civil suit that the person sought may have
pending against him in the requested State may prevent or defer
his surrender.
2. When the surrender of the person sought would, for reasons
of health, endanger his life, his surrender may be deferred until
it would no longer pose such a danger.
Article 21
Simplified Extradition
The requested State may grant extradition without a formal
extradition proceeding if:
a. Its laws do not expressly prohibit it;
b. The person sought irrevocably consents in writing to the
extradition after being advised by a judge or other competent
authority of his right to a formal extradition proceeding and the
protection afforded by such a proceeding.
Article 22
Period for Taking Custody of the Person Sought
If the extradition has been granted, the requesting State
shall take custody of the person sought within a period of thirty
days from the date on which he was placed at its disposal. If it
does not take custody within that period, the person sought shall
be set free and may not be subjected to a new extradition
procedure for the same offense or offenses. This period, however,
may be extended for thirty days if the requesting State is unable,
owing to circumstances beyond its control, to take custody of the
person sought and escort him out of the territory of the requested
State.
Article 23
Custody
The agents of the requesting State who are in the territory of
another State Party to take custody of a person whose extradition
has been granted shall be authorized to have custody of him and
escort him to the territory of the requesting State, provided,
however, that such agents shall be subject to the jurisdiction of
the State in which they are.
Article 24
Transit
1. If prior notification has been given from government to
government through diplomatic or consular channels, the States
Parties shall permit and cooperate in the transit through their
territories of a person whose extradition has been granted under
the custody of agents of the requesting State and / or the
requested State, as the case may be, upon presentation of a copy
of the order granting the extradition.
2. Such prior notification shall not be necessary when air
transport is used and no landing is scheduled in the territory of
the State Party that will be flown over.
Article 25
Expenses
Expenses incurred in the detention, custody, maintenance, and
transportation of both the person extradited and of the objects
referred to in Article 19 of this Convention shall be borne by the
requested State up to the moment of surrender and delivery, and
thereafter such expenses shall be borne by the requesting State.
Article 26
Waiver of Legalization
When the documents provided for in this Convention are
communicated through the diplomatic or consular channel, or direct
from government to government, their legalization shall not be
required.
Article 27
Signature
This Convention shall be open for signature by the member
states of the Organization of American States.
Article 28
Ratification
This Convention is subject to ratification. The instruments of
ratification shall be deposited with the General Secretariat of
the Organization of American States.
Article 29
Accession
1. This Convention shall be open to accession by any American
State.
2. This Convention shall be open to accession by States having
the status of permanent observer to the Organization of American
States, following approval of the pertinent request by the General
Assembly of the Organization.
Article 30
Reservations
Each State may, at the time of signature, approval,
ratification, or accession, make reservations to this Convention,
provided that each reservation concerns one or more specific
provisions and is not incompatible with the object and purpose of
the Convention.
Article 31
Entry into Force
1. This Convention shall enter into force on the thirtieth day
following the date of deposit of the second instrument of
ratification.
2. For each State ratifying or acceding to the Convention
after the deposit of the second instrument of ratification, the
Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification or
accession.
Article 32
Special Cases of Territorial Application
1. If a State Party has two or more territorial units in which
different systems of law apply in relation to the matters dealt
with in this Convention, it shall, at the time of signature,
ratification, or accession, declare that this Convention shall
extend to all its territorial units or only to one or more of
them.
2. Such declaration may be modified by subsequent
declarations, which shall expressly indicate the territorial unit
or units to which this Convention applies. Such subsequent
declarations shall be transmitted to the General Secretariat of
the Organization of American States, and shall become effective
thirty days after the date of their receipt.
Article 33
Relations with other Conventions on Extradition
1. This Convention shall apply to the States Parties that
ratify it or accede to it and shall not supersede multilateral or
bilateral treaties that are in force or were concluded earlier
unless the States Parties concerned otherwise expressly declare or
agree, respectively.
2. The States Parties may decide to maintain in force as
supplementary instruments treaties entered into earlier.
Article 34
Duration and Denunciation
This Convention shall remain in force indefinitely, but any of
the States Parties may denounce it. The instrument of denunciation
shall be deposited with the General Secretariat of the
Organization of American States. After one year from the date of
deposit of the instrument of denunciation, the Convention shall no
longer be in effect for the denouncing State, but shall remain in
effect for the other States Parties.
Article 35
Deposit, Registration, Publication and Notification
The original instrument of this Convention, the English,
French, Portuguese, and Spanish texts of which are equally
authentic, shall be deposited with the General Secretariat of the
Organization of American States, which shall send an authenticated
copy of its text to the Secretariat of the United Nations for
registration and publication in accordance with Article 102 of its
Charter. The General Secretariat of the Organization of American
States shall notify the member states of that Organization and the
states that have acceded to the Convention of the signatures;
deposits of instruments of ratification, accession, or
denunciation; and reservations, if any. It shall also transmit to
them the declarations referred to in Article 32 of this
Convention.
In witness whereof, the undersigned Plenipotentiaries, being
duly authorized thereto by their respective governments, have
signed this Convention.
Done at Caracas, Republic of Venezuela, on this twenty-fifth
day of February, one thousand nine hundred and eighty-one.
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