<МЕЖАМЕРИКАНСКАЯ КОНВЕНЦИЯ О ВЫДАЧЕ> [англ.](Заключена в г. Каракасе 25.02.1981)
INTER-AMERICAN CONVENTION ON EXTRADITION
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;
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
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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.
No provision of this Convention may be interpreted as a limitation
on the right of asylum when its exercise is appropriate.
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
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.
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.
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.
Transmission of Request
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.
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.
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.
Supplementary Information and Legal Assistance
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.
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
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.
extradition has been granted, the requesting State shall inform the requested
State of the final resolution of the case against the person extradited.
Provisional Detention and Precautionary Measures
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
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
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
Requests by more than One State
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.
Legal Rights and Assistance
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.
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.
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.
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
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.
Deferral of Surrender
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.
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
The requested State may
grant extradition without a formal extradition proceeding if:
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.
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.
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.
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.
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.
Waiver of Legalization
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.
Convention shall be open for signature by the member states of the Organization
of American States.
This Convention is
subject to ratification. The instruments of ratification shall be deposited with
the General Secretariat of the Organization of American States.
1. This Convention shall be open to accession by any
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
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
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.
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.
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.
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,
2. The States Parties may decide to maintain in force as
supplementary instruments treaties entered into earlier.
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.
Deposit, Registration, Publication and Notification
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.
witness whereof, the undersigned Plenipotentiaries, being duly authorized
thereto by their respective governments, have signed this Convention.
at Caracas, Republic of Venezuela, on this twenty-fifth day of February, one
thousand nine hundred and eighty-one.