EXTRADITION
TREATY BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF
INDONESIA
THE REPUBLIC OF THE
PHILIPPINES
AND THE REPUBLIC OF INDONESIA:chanroblesvirtuallawlibrary
Desiring
to make more effective the cooperation of the two countries in the
repression
of crime and, specifically, to regulate and thereby promote the
relations
between them in matters of extradition.chan
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HAVE
AGREED AS FOLLOWS:chanroblesvirtuallawlibrary
ARTICLE I
Obligation to
Extradite
Each
Contracting Party agrees to extradite to the other, in the
circumstances
and subject to the conditions described in this Treaty, persons found
in
its territory who are being proceeded against or who have been charged
with, found guilty or convicted of, any crime covered by Article II of
this Treaty committed within the territory of the other, or outside
thereof
under the conditions specified in Article IV.chan
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ARTICLE II
Extraditable Crimes
A.
Persons shall be delivered up according to provisions of this Treaty
who
are being proceeded against or have been charged with, found guilty or
convicted of, any of the following crimes provided that these crimes
are
punishable by the laws of both Contracting Parties by a possible
penalty
of death or deprivation of liberty for a period exceeding one year:chanroblesvirtuallawlibrary
1. Murder;
parricide; infanticide; and homicidechan
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2. Rape,
indecent assault; unlawful sexual acts with or upon minors under the
age
specified by the penal law of both Contracting partieschan
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3. Abduction;
kidnappingchan
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4. Mutilation;
physical injuries; frustrated murder or frustrated homicide
5. Illegal
or arbitrary detentionchan
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6. Slavery;
servitudechan
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7. Robbery;
theftchan
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8. Estafa;
malversation; swindling; fraud; cheatingchan
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9. Extortion;
threats; coercionchan
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10. Bribery;
corruption, graftchan
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11. Falsification;
perjurychan
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12. Forgery;
counterfeitingchan
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13. Smugglingchan
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14. Arson;
destruction of propertychan
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15. Hijacking;
piracy; mutinychan
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16. Crimes
against the laws relating to narcotics, dangerous or prohibited drugs
or
prohibited chemicalschan
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17. Crimes
against the laws relating to firearms, explosives, or incendiary devices
B. Extradition
shall also be granted for participation in any of the crimes mentioned
in this Article, not only as principals or accomplices, but also as
accessories,
as well as for attempt to commit or conspiracy to commit any of the
aforementioned
crimes, when such participation, attempt or conspiracy is punishable
under
the laws of both Contracting Parties by deprivation of liberty
exceeding
one year.chan
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C. Extradition
may also be granted at the discretion of the requested Party in respect
of any other crimes for which it can be granted according to the laws
of
both Contracting Parties.chan
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D. If
extradition is requested for any crime encompassed by paragraphs A, B
or
C of this Article and that crime is punishable under the laws of both
Contracting
Parties by a deprivation of liberty exceeding one year, such crime
shall
be extraditable under the provisions of this Treaty whether or not the
laws of both Contracting Parties would place that crime within the same
category of crimes or denominate the crime by the same terminology,
provided
the elements of the crime correspond to those of one or more of the
crimes
mentioned in this Article under the laws of both Contracting Parties.chan
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ARTICLE III
Place of Commission
The
requested Party may refuse to extradite a person claimed for a crime
which
is regarded by its laws as having been committed in whole or in part in
its territory or in a place treated as its territory.chan
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ARTICLE IV
Territorial
Application
A. A
reference in this Treaty to the territory of a Contracting Party of a
reference
to all the territory under the jurisdiction of that contracting party,
including its airspace, territorial waters and continental shelf, and
to
vessels and aircraft registered in that Contracting party if any such
aircraft
is in flight or if any such vessel is on the high cease when the crime
is committed. For purposes of this Treaty, an aircraft shall be
considered
to be in flight at any time from the moment when all its external doors
are closed following embarkation until the moment when any such door is
opened for the disembarkation.chan
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When
the crime for which extradition had been requested has been committed
outside
the territory of the requesting State, the Executive Authority of the
requested
State shall have the power to grant extradition if the laws of the
requested
State would provide for the punishment of crime committed in analogous
circumstances.
C. The
determination of the territory of the requested Party shall be governed
by its national laws.
ARTICLE V
Political Crimes
A. Extradition
shall not be granted if the crime in respect of which it is requested
is
regarded by the requested Party as a political crime.chan
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B. If
any question arises as to whether a case is a political crime, the
decision
of the authorities of the requested State shall be determinative.chan
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C. The
taking or attempted taking of the life of the Head of State or Head of
Government of either of the Contracting Parties or of a member of his
family
shall not be deemed to be a political crime for the purpose of this
Treaty.chan
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ARTICLE VI
Extradition to
Nationals
A. Each
party shall have the right to refuse extradition of nationals.chan
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B. If
the requested Party does not extradite its nationals, that Party shall
at the request of the requesting Party submit the case to the competent
authorities of the former for prosecution. For this purpose the files,
information and exhibits relating to the crime shall be surrendered by
the requesting party to the requested party.
C. Notwithstanding
paragraph B of this Article, the requested party shall not be required
to submit the case to its competent authorities for prosecution of the
authorities have no jurisdiction.chan
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ARTICLE VII
Exceptions to
Obligation
to Extradite
Extradition
shall not be granted in any of the following circumstances:chanroblesvirtuallawlibrary
1. When
the person whose surrender is sought has been tried and acquitted or
has
undergone his punishment in a third State for the crime for which his
extradition
is requested.chan
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2. when
the prosecution or the enforcement of the penalty for the crime has
become
barred by prescription or lapse of time of either of the Contracting
Parties.chan
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3. When
the crime constitutes an infraction against military law or regulations
which is not a crime under ordinary criminal law.chan
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ARTICLE VIII
Double Jeopardy
Extradition
shall not also be granted in any of the following:chanroblesvirtuallawlibrary
A. when
final judgment has been passed by the competent authorities of the
requested
Party upon the person claimed in respect of the crime or crimes for
which
extradition is requested.chan
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B. When
the person whose surrender is sought is being or has been proceeded
against
or has been tried and discharged or punished by the requested State for
the crime for which his extradition is requested.
ARTICLE IX
Rule of Speciality
A
person has been extradited shall not be prosecuted, sentenced or
detained
for any crime committed prior to his surrender other than for which he
was extradited except in the following cases:chanroblesvirtuallawlibrary
(a) When
the requested Party which surrendered him consents. A request for
consent
shall be submitted to the requested Party, accompanied by the documents
mentioned in Article XVII. Consent shall be given when the crime for
which
it is requested is itself subject to extradition in accordance with the
provisions of Article II of this Treaty; andchan
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(b) When
the person, having had an opportunity to leave the territory of the
Party
to which he has been surrendered, has not done so within 45 days of his
final discharged, or has returned to that territory after leaving it.chan
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ARTICLE X
Capital Punishment
If
the crime for which extradition is requested is punishable by death
under
the law of the requesting Party; and if in respect of such crime the
death
penalty is not provided for by the law of the requested party or is not
normally carried out, extradition may be refused unless the requesting
Party gives such assurance as the requested Party considers sufficient
that the death penalty will not be carried out.chan
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ARTICLE XI
Provisional Arrest
(1) In
case of urgency the competent authorities of the requesting Party may
request
the provisional arrest of the person sought. the competent authorities
of the requested Party shall decide the matter in accordance with its
law.
(2) the
request for provisional arrest shall state that the documents mentioned
in Article XVII exist and that it is intended to send a request for
extradition.
It shall also state for what crime extradition will be requested and
when
and where such crime was committed and shall so far as possible give a
description of the person sought.
(3) A
request for provisional arrest shall be sent in Indonesia, to the
National
Central Bureau (N.C.B.) Indonesia Interpol, and in the Philippines to
the
National Bureau of Investigation, either through the diplomatic
channels
or direct by post or telegraph or through the International Criminal
police
Organization (INTERPOL).chan
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(4) The
requesting authority shall be informed without delay of the result of
its
request.chan
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(5) Provisional
arrest may be terminated if, within a period of 20 days after arrest,
the
requested Party has not received the request for extradition and the
documents
mentioned in Article XVII.chan
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(6) Release
from provisional arrest shall not prejudice rearrest and extradition if
a request for extradition is received subsequently.
ARTICLE XII
Surrender of the
person to be Extradited
(1) The
requested Party shall inform the requesting Party through the
diplomatic
channels of its decision with regard to the request for extradition
(2) Reasons
shall be given for any rejection.
(3) If
the request is agreed to, the requesting Party shall be informed of the
place and date of surrender and of the length of time for which the
person
claimed was detailed with a view to surrender.chan
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(4) Subject
to the provisions of paragraph (5) of this Article, if the person
claimed
has not been taken over on the appointed date, he may be released after
the expiry of 15 days and shall in any case be released after the
expiry
of 30 days and the requested Party may refuse to extradite him for the
same offense.chan
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(5) If
circumstances beyond its control prevent a Party from surrendering or
taking
over the person to be extradited, it shall notify the other party. The
two Parties shall agree on a new date for surrender and the provisions
of paragraph (4) of this Article shall apply.chan
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ARTICLE XIII
Postponed Surrender
The
requested Party may, after making its decision on the request for
extradition,
postpone the surrender of the person claimed in order that he may be
proceeded
against by that Party or, if he has already been convicted, in order
that
he may serve his sentence in the territory of that Party for a crime
other
than that for which extradition is requested.
ARTICLE XIV
Handing Over of
Property
(1) the
requested Party shall, insofar as its law permits and at the request of
the requesting Party, seize and hand over property:chanroblesvirtuallawlibrary
chan
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(a) which
may be required as evidence, orchan
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(b) which
has been acquired as a result of the crime and which, at the time of
the
arrest, is found in the possession of the person claimed or discovered
subsequently.chan
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(2) the
property mentioned in paragraph (1) of this Article shall be handed
over
even if extradition, having been agreed to, cannot be carried out owing
to the death or escape of the person claimed.
(3) When
the said property is liable to seizure or confiscation in the territory
of the requested Party, the latter may, in connection with pending
criminal
proceedings, temporarily retain it or hand it over on condition that it
be returned.
(4) Any
right which the requested Party or any other State may have acquired in
the said property shall be preserved. where these rights exists, the
property
shall be returned without charge to the requested Party as soon as
possible
after the trial.
ARTICLE XV
Procedure
The
procedure with regard to extradition and provisional arrest of the
person
requested to be extradited shall be governed solely by the law of the
requested
Party.chan
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ARTICLE XVI
Expenses
Expenses
incurred in the territory of the requested Party by reason of
extradition
shall be borne by that Party.
ARTICLE XVII
Request and
Supporting
Documents
(1) A
request for extradition shall be in writing and sent in Indonesia to
the
Minister of Justice, and in the Philippines to the Secretary of
Justice,
through the diplomatic channels.chan
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(2) the
request shall be supported by:chanroblesvirtuallawlibrary
chan
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(a) the
original or an authenticated copy of the conviction and sentence
immediately
enforceable or the warrant of arrest or other order having the same
effect
and issued in accordance with the procedure laid down in the law of the
requesting Party.chan
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(b) a
statement of the crime for which extradition is requested. The time and
place of its commission, its legal description and a reference to the
relevant
legal provisions shall be set out as accurately as possible; and
(c) a
copy of the relevant enactment or, where this is not possible, a
statement
of the relevant law, and as accurate a description as possible of the
person
claimed, together with any other information which will help to
establish
his identity and nationality.chan
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(3) The
documents to be used in extradition proceedings shall be drawn up in
the
English language.
ARTICLE
XVIII
Multiple Requests
A
contracting Party which receives two or more requests for the
extradition
of the same person for the same crime, or for different crimes, shall
determine
to which of the requesting States it shall extradite the person sought,
taking into consideration the circumstances and particularly the
possibility
of a later extradition between the requesting states, the seriousness
of
each crime, in the place where the crime was committed, the nationality
of the person sought, the dates upon which the requests were received
and
the provisions of any extradition agreements between that Party and the
other requesting State or States.chan
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ARTICLE XIX
Settlement of
Disputes
Any
dispute between the two Parties arising out of the interpretation or
implementation
of this Treaty shall be settled peacefully by consultation or
negotiations.chan
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ARTICLE XX
Transitional
Provisions
A
crime commenced prior to the date this Treaty enters into force but
completed
after the date this Treaty enters into force shall be extradited
pursuant
to this Treaty.chan
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ARTICLE XXI
Entry into Force
This
Treaty shall enter into force on the date of exchange of Instruments of
Ratification.chan
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ARTICLE XXII
Termination
This
Treaty may be terminated at any time by either Party giving the other
six
months' prior notice of its intention to do so. such termination shall
not prejudice any proceedings commenced prior to the giving of such
notice.
IN
WITNESS WHEREOF, the undersigned, being duly authorized by their
respective
Governments, have signed this Treaty.chan
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