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RP AND INDIA FORGE EXTRADITION TREATY
March 17, 2004
The Philippines has established today its 11th extradition concord with countries around the world.
In a simple ceremony held at the Philippine Westin Plaza Hotel, Justice Acting Secretary Merceditas N. Gutierrez and India's ambassador Navrekha Sharma entered into a treaty to provide framework for cooperation primarily on matters in the suppression of crime.
The justice acting secretary welcomed the agreement and wished for other nations to come into accord as a warning to crime offenders that they cannot forever hide and escape the clout of the law.
As agreed, both governments undertake to extradite to each other any person subject of request if found within the territory of the other state whether such offense was committed before or after the effectivity of the treaty.
The request for extradition may be refused respectively if the person whose extradition is sought may be tried for the extraditable offense in their respective courts.
As provided, a person may not be extradited if: a) the offense of which he is accused or convicted is a military offense; b) the person subject of request was previously tried for the same offense and was acquitted or convicted and had completed the sentence or is undergoing it; c.) the person sought, according to laws of either state, cannot be prosecuted/punished by reason of lapse of time.
Extradition may be refused if the laws of the requesting state and the requested state do not permit death penalty, aside from when the offense concerned is political in character.
Extradition shall be granted only if a period of at least six months of the imprisonment remains to be served by a person convicted or wanted for enforcement of sentence.
Request for provisional arrest may be affected, and made through diplomatic channels between contracting states or through the INTERPOL or by any other means acceptable to both requesting state.
The Philippines has already established extradition pact with Hongkong, Indonesia, Thailand, Korea, Australia, Canada, Switzerland, Micronesia, USA, and Spain.
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