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Extradition Treaty between the Government of Canada and the Government of the Hellenic Republic

E103324

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE HELLENIC REPUBLIC, reaffirming their respect for each other's judicial institutions; and

DESIRING to make more effective their co-operation in the suppression of crime through the extradition of persons charged with or convicted of offences;

HAVE AGREED as follows:

ARTICLE 1

Obligation to Extradite

Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, any person found on the territory of one state who is wanted for prosecution or the imposition or enforcement of a sentence by the authorities of the other State.

ARTICLE 2

Extraditable Offences

  1. Extradition shall be granted for conduct which, under the laws of both Contracting States, is punishable by imprisonment for more than one year. Moreover, where a sentence of imprisonment or other deprivation of liberty has been imposed by the courts of the Requesting State, extradition shall be granted only if a period of at least six months of the penalty remains to be served.
  2. For the purposes of determining the existence of an offence within the meaning of paragraph 1 of this Article, the totality of the acts or omissions alleged against the person shall be taken into account, without regard to the elements of the offence prescribed by the law of the Requesting State and regardless of whether the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.
  3. If the request for extradition relates to a sentence of both imprisonment, as provided in paragraph 1, and a pecuniary sanction, the Requested State may also grant extradition for the enforcement of the pecuniary sanction.
  4. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both States, but some of which do not meet the other requirements of paragraph 1, the Requested State may also grant extradition for such offences.
  5. An offence against tax, customs or revenue laws, or of a purely fiscal character, is also an extraditable offence.

ARTICLE 3

Extradition of Nationals

  1. The Requested State shall not be required to extradite its own nationals. Nationality shall be determined as at the time of the offence for which extradition is requested.
  2. If the request for extradition is refused solely on the grounds that the person sought is a national of the Requested State, that State, at the request of the Requesting State, shall refer the matter to its competent authorities for prosecution. For this purpose, the files, documents and exhibits relating to the offence shall be transmitted to the Requested State. That State shall inform the Requesting State of the action taken on its request.

ARTICLE 4

Mandatory Refusal of Extradition

Extradition shall not be granted when:

  1. the offence for which extradition is requested is considered by the Requested State as a political offence or as related to such an offence. The taking or attempted taking of the life of the Head of State, or the Head of Government or of a member of his or her family shall not be considered a political offence;
  2. the offence for which extradition is requested is an offence under military law but not under the ordinary criminal law of the Contracting States;
  3. the person sought has been finally acquitted or convicted in the Requested State for conduct constituting the same offence for which extradition is requested;
  4. the prosecution or the enforcement of the sentence for the offence identified in the request for extradition would be barred by lapse of time under the law of the Requested State.

ARTICLE 5

Discretionary Refusal of Extradition

Extradition may be refused when:

  1. the person sought is being prosecuted by the Requested State for the offence for which extradition is requested, or if the competent authorities of the Requested State have decided, in accordance with the law of that State, not to prosecute or to terminate the prosecution if it has already been instituted;
  2. the person sought has been finally acquitted or convicted in a third State for conduct constituting the same offence for which extradition is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable;
  3. the Requested State considers that the offence was committed outside the territory of the Requesting State and the law of the Requested State does not, in corresponding circumstances, provide for the same jurisdiction;
  4. the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that, because of the health or age of the person sought, the extradition would be incompatible with humanitarian considerations.

ARTICLE 6

Capital Punishment

If the offence for which extradition is requested is punishable by death under the law of the Requesting State, and if in respect of such offence the death penalty is not provided for by the law of the Requested State or is not normally carried out, extradition may be refused unless the Requesting State gives such assurances as the Requested State considers sufficient that the death penalty will not be carried out.

ARTICLE 7

Presentation of a Request for Extradition

  1. Requests for extradition, supporting documents and related correspondence may be exchanged between the Departments of Justice of the Contracting States.
  2. Nothing in this article excludes the use of diplomatic channels.

ARTICLE 8

Documents to be Submitted

  1. The following documents shall be submitted in support of a request for extradition:
    1. in all cases:
      1. information about the description, identity, location and nationality of the person sought;
      2. a statement prepared by a judicial or public official of the conduct constituting the offence for which the extradition is requested, indicating the place and date of the commission of the offence, the nature of the offence and reproducing the text of the legal provisions describing the offence and the applicable penalty. This statement shall also indicate that these legal provisions were in force both at the time of the commission of the offence and at the time of the extradition request, and where the offence occurred outside the territory of the Requesting State, the legal provisions establishing its jurisdiction.
    2. in the case of a person accused or prosecuted for an offence:
      1. the original or a certified true copy of the order of arrest or of any document having the same force and effect, issued in the Requesting State;
      2. in the event that the law of the Requested State so requires, evidence that would justify committal for trial of the person sought, if the conduct had occurred in the Requested State:

        For that purpose, a summary of the facts of the case setting out the evidence available, including evidence of the identity of the offender, shall be admitted in evidence as proof of the facts contained therein provided that the competent judge or prosecutor that produces it, certifies that the evidence described in the summary was obtained in accordance with the law of the Requesting State.

        The summary may include any reports, statement, reproduction or other useful documentation.

        The summary may contain evidence gathered in the Requesting State or elsewhere and shall be admissible in evidence whether or not such evidence would otherwise be admissible under the law of the Requested State.

    3. in the case of a person sought for the enforcement of a sentence:
      1. the original or a certified true copy of the judgment or other document setting out the conviction and sentence to be served;
      2. if a portion of the sentence has already been served, a statement by a public officer specifying the portion of the sentence which remains to be served;
    4. in support of a request from Canada relating to a person who has been convicted but not sentenced, the original or a certified true copy of the order of arrest and the original or a certified true copy of a document establishing that the person has been convicted and that a sentence is to be imposed.
  2. In the case of a person convicted by default the requirements relating to the submission of documents referred to in subparagraphs a and b of paragraph 1 shall apply. If, however, it is established that the charge, containing notice of the date and place of trial, or the judgement rendered by default has been personally served on the person sought, and that person has not appeared or availed himself or herself of the rights to appeal and retrial, the requirements relating to the submission of documents referred to in subparagraphs a and c of paragraph 1 shall apply.
  3. All documents submitted in support of a request for extradition and appearing to have been certified or issued by a judicial authority, a prosecutor or public officer of the Requesting State or made under their authority shall be admitted in extradition proceedings in the Requested State without having to be taken under oath or solemn affirmation and without proof of the signature or of the official character of the person appearing to have signed them.
  4. Documents submitted in support of a request for extradition are not required to be authenticated or otherwise certified.
  5. Any translation, produced in the Requesting State, of documents submitted in support of a request for extradition shall be admitted for all purposes in extradition proceedings.

ARTICLE 9

Additional Information

If the information provided by the Requesting State is not sufficient for the Requested State to make a decision under this Treaty, the Requested State shall ask for the necessary additional information, setting, if it so wishes, a reasonable time limit for its transmission.

ARTICLE 10

Provisional Arrest

  1. In case of urgency, the competent authorities of the Requesting State may apply in writing for the provisional arrest of the person sought. Such application may also be made through the International Criminal Police Organization (Interpol).
  2. An application for provisional arrest shall include the following:
    1. information about the description, identity, location and nationality of the person sought;
    2. a statement that a request for extradition will follow;
    3. the designation, date and place of the offence and a summary of the facts of the case;
    4. a statement attesting to the existence of a warrant of arrest or of a conviction to which this Treaty applies;
    5. any other information which would justify provisional arrest in the Requested State.
  3. The Requested State shall without delay inform the Requesting State of the measures taken pursuant to the application for provisional arrest.
  4. Provisional arrest shall be terminated if the Requested State has not received the request for extradition within (60) days after the arrest. The competent authorities of the Requested State, insofar that it is permitted by the law of that State, may extend that delay with regards to the reception of the documents referred to in Article 8. However, the person sought may be granted interim release at any time, subject to the conditions deemed necessary to ensure that the person does not leave the country.
  5. The expiry of the 60 day period does not preclude subsequent arrest and extradition if a request for extradition is subsequently received.

ARTICLE 11

Consent to Extradition

A person sought may be extradited to the Requesting State pursuant to the provisions of this Treaty without formal extradition proceedings provided that the person consents, before a judicial authority, to be extradited.

ARTICLE 12

Competing Extradition Requests

When requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the other Contracting State of its decision.

ARTICLE 13

Surrender of Person to be Extradited

  1. The Requested State shall inform the Requesting State of its decision on the request for extradition.
  2. Reasons shall be given for any complete or partial denial of the request.
  3. In case of extradition, the Requesting State shall be informed of the place and date of surrender, and of how long the person sought was in detention while awaiting extradition.
  4. If the person sought is not surrendered on the date specified, that person may be set at liberty upon the expiration of fifteen days from that date and may be discharged from extradition proceedings upon the expiration of thirty days.

ARTICLE 14

Postponed or Temporary Surrender

  1. Where the person sought is being proceeded against or is serving a sentence in the Requested State for an offence other than that for which extradition is requested, the Requested State may surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed. The Requested State shall inform the Requesting State of any postponement.
  2. To the extent permitted by its law, where a person has been found extraditable, the Requested State may temporarily surrender the person sought for the purposes of prosecution to the Requesting State in accordance with conditions to be determined between the Contracting States. The period of time spent in custody in the Requesting State shall be subtracted from the sentence that remains to be served in the Requested State.
  3. A person who is returned to the Requested State following a temporary surrender may be finally surrendered in accordance with the provisions of this Treaty, to serve any sentence imposed in the Requesting State, after the termination of the proceedings or after having served the sentence in the Requested State.

ARTICLE 15

Surrender of Property

  1. To the extent permitted under its law, the Requested State shall, at the request and for the benefit of the Requesting State, gather on its territory all property that may be used as evidence of the offence for which extradition is requested.
  2. At the request of the Requesting State, the Requested State shall seize and surrender, to the extent permitted under its law, any article which:
    1. may serve as evidence; or
    2. was acquired as a result of the offence and was found at the time of arrest in the possession of the person sought.
  3. The property described in paragraph 2 of this Article shall be surrendered to the Requesting State even if the extradition granted cannot be carried out owing to the death or escape of the person sought.
  4. Where the said articles are subject to seizure or confiscation in the territory of the Requested State, that State may, for the purposes of a criminal proceeding in progress, keep such articles temporarily or surrender them on condition that they be returned.
  5. Where the rights of the Requested State or of third parties so require, any articles so surrendered to the Requesting State shall be returned to the Requested State, free of charge, as soon as possible after the trial.

ARTICLE 16

Rule of Specialty

  1. A person who has been surrendered pursuant to this Treaty shall not be proceeded against, detained, tried or punished in the territory of the Requesting State for an offence other than that for which extradition was granted, except in the following cases:
    1. when that person consents, in writing, before a judicial authority of the Requesting State, after having been informed by that authority of his or her rights;
    2. when that person, after having been extradited, has left the territory of the Requesting State and has then returned to it of his or her own free will;
    3. when that person has not left the territory of the Requesting State after having been free to leave it for 45 days; or
    4. when the Requested State consents. For this purpose, the Requested State may require the production of any document or statement mentioned in Article 8.
  2. These provisions shall not apply to offences committed after extradition.
  3. If the charge for which the person was surrendered is subsequently changed, that person may be prosecuted or sentenced provided the offence under its new description is:
    1. based on substantially the same facts contained in the extradition request and its supporting documents; and
    2. punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which that person was extradited.

ARTICLE 17

Re-Extradition to a Third State

A person who has been surrendered pursuant to this Treaty may not be surrendered to a third State without the consent of the Requested State, except in the cases specified in subparagraphs 1(a), (b) and (c) of Article 16. The Requested State may require the production of the documents in support of the extradition request received by the Requesting State from the third State.

ARTICLE 18

Transit

The transit of a person surrendered by a third State to one of the Contracting States through the other's territory shall be authorized on request, subject to the latter's law and to all cases where extradition may be refused pursuant to this Treaty.

ARTICLE 19

Applicable Law

Unless there is a provision to the contrary in this Treaty, proceedings relating to arrest and extradition shall be governed by the law of the Requested State.

ARTICLE 20

Language

All documents submitted in accordance with this Treaty shall be in an official language of the Requesting State and accompanied by a translation into the official or an official language of the Requested State.

ARTICLE 21

Expenses

For the purposes of extradition:

  1. The Requested State shall bear the expenses incurred in its territory for arrest, detention and any other proceeding in the Requested State, including prosecution pursuant to paragraph 2 of Article 3 of this Treaty.
  2. The Requesting State shall bear the expenses incurred in conveying the person sought from the territory of the Requested State to the territory of the Requesting State.

ARTICLE 22

Conduct of Proceedings

  1. In the case of a request for extradition presented by the Hellenic Republic, the Attorney General of Canada shall conduct the extradition proceedings.
  2. In the case of a request for extradition presented by Canada, the Department of Justice of the Hellenic Republic and the Prosecutor of the competent Court of Appeal shall conduct the extradition proceedings in accordance with Greek law.

ARTICLE 23

Entry into Force

  1. When this Treaty enters into force, it shall abrogate and replace between the Contracting States, the Treaty between the United Kingdom and Greece for the Mutual Surrender of Fugitive Criminals, signed at Athens on September 24, 1910; however, any request for extradition made prior to the entry into force of this Treaty shall continue to be governed by the provisions of the aforementioned Treaty of 1910.
  2. This Treaty shall apply to any request made after the date of its entry into force, even if the offence for which extradition is sought was committed before that date.

ARTICLE 24

Approval

  1. The Contracting States shall exchange notifications that the legal requirements for the entry into force of this Treaty have been met.
  2. This Treaty shall enter into force on the first day of the second month following the day on which the last notification is received.
  3. Either Contracting State may terminate this Treaty at any time by giving notice in writing to the other Contracting State through diplomatic channels, and the Treaty shall cease to be in force one year after the day on which such notice is received.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed and sealed this Treaty.

DONE in duplicate at Ottawa on the 3rd day of November 1999, in the English, French and Greek languages, each version being equally authentic.

Lloyd Axworthy
FOR THE GOVERNMENT OF CANADA

George A. Papandreou
FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC