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Union of India - Section

Section 8 in Extradition Treaty between the Government of the Republic of India and the Government of the Republic of the Philippines

8. Extradition Procedures.

(1)The request for extradition under this Treaty shall be made through diplomatic channels.
(2)The request shall be accompanied by:
(a)as accurate a description as possible of the person sought, together with any other information which would help to establish his identity, nationality and residence;
(b)a statement of the facts of the offence for which extradition is requested; and
(c)the text, if any, of the law:
(i)defining that offence; and
(ii)prescribing the punishment for that offence.
(3)If the request relates to an accused person, it must also be accompanied by a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the Requesting State and by such evidence as, according to the law of the Requested State, would justify his committal for trial if the offence had been committed in the territory of the Requested State, including evidence that the person requested is the person to whom the warrant of arrest refers.
(4)If the request relates to a person already convicted and sentenced, it shall also be accompanied by a certificate of the conviction and sentence.
(5)In relation to a convicted person who was not present at his trial, the person shall be treated for the purposes of paragraph (4) of this Article as if he had been accused of the offence for which he was convicted.
(6)If the Requested State considers that the evidence produced or information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within such time as the Requested State shall require.Article-9