Sri Lanka Consolidated Acts

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Extradition Law. (No. 8 of 1977) - Sect 7

General restrictions on extradition

7.
(1) A person shall not be extradited under this restrictions Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purposes of such extradition, if it appears to the Minister, to the court of committal, or to the Supreme Court upon an application made to it for a mandate in the nature of a writ of habeas corpus-
(a) that the offence of which that person was accused or was convicted is an offence of a political character;
(b) that the request for extradition, though purporting to be made on account of the extraditable offence, is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, or political opinions; or
(c) that he might, if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, or political opinions.
(2) A person accused of an offence shall not be extradited under this Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purpose of his extradition, if it appears, as provided in subsection (1) of this section, that if charged with that offence in Sri Lanka he would be entitled to be discharged under any rule of law relating? to previous acquittal or conviction.
(3) A person shall not be extradited under this Law to any designated Commonwealth country or to any treaty State, or be committed to or kept in custody for the purposes of such extradition, unless provision is made by the law of that Commonwealth country, or, in the case of a treaty State, by the extradition arrangement with that State, for securing that he will not, unless he has first been restored, or had an opportunity of returning, to Sri Lanka, be arrested, detained, remanded or otherwise dealt with in that country or State, for or in respect of any offence committed before his extradition under this Law, other than-
(a) the offence in respect of which the extradition under this Law is requested;
(b) any lesser offence proved by the facts established before the court of committal; or
(c) any other offence, being an extraditable offence in respect of which the Minister may consent to his being so dealt with.
(4) The reference in this section to an offence of a political character does not include an offence against the life or person of the head of any designated Commonwealth country or treaty State or any related offence described in subsection (3) of section 6.


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