MINISTRY OF EXTERNAL AFFAIRS

ORDER

New Delhi, the 15th July, 2002

G S R 505(E).—Whereas the Extradition Treaty between the Government of the Republic of

India and'the Republic of Uzbekistan was signed at New Delhi, India on 2nd May, 2000 and in

pursuance of Article 23(1) of the Treaty instruments of ratification were exchanged at Tashkent,

Uzbekistan on 22nd May, 2002 and which Treaty provides as follows :—

Article 1

Obligation to extradite

Each Contracting Party undertakes to extradite to the other

Contracting Party in the circumstances and subject to the

conditions specified in this Treaty, a person, who, being accused

or convicted of an extradition offence as described in Article 2

of this Treaty, committed within the territory of the Requesting

Party, is found within the territory of the Requested Party,

whether such offence was committed before or after the entry

into force of this Treaty.

Extradition shall also be available in respect of an extradition

offence, as described in Article 2 of this Treaty, committed

outside the territory of the Requesting Party but in respect of

which it has jurisdiction, if the Requested Party would, in

corresponding circumstances, have jurisdiction over such an

offence. In such circumstances the Requested Party shall have

regard to all the circumstances of the case including the

seriousness of the offence.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART H—SEC. 3(i)l

Extradition shall also be available for an extradition offence, as

described in Article 2 of this Treaty, if it is committed in a third

State by a citizen of the Requesting Party and the Requesting

Party bases its jurisdiction on the citizenship of the offender, or

if it occurred in the territory of the Requested Party and is an

extradition offence under the law of that Parly.

Article 2

Extradition offences

An extradition offence, for the purpose of this Treaty, is

constituted by conduct which under the laws of each

Contracting Party is punishable by a term of imprisonment for a

period of at least one year.

An offence may be an extradition offence notwithstanding that

it relates ,to taxation or revenue or is one of a purely fiscal

character.

Article 3

^Composite offences

Extradition shall be available in accordance with this Treaty for

fin extradition offence, notwithstanding that the conduct of the

person sought occurred wholly or in part in the Requested

Party, if this conduct and its effects, or its intended effects,

taken as a whole, would be regarded as constituting the

commission of an extradition offence under the laws of both the

Contracting Parties.

Article 4

Offences of conspiracy, incitement and attempt,

and extra-territorial jurisdiction

It shall be an offence under the laws of both the Contracting

Parties for any person to abet, conspire or attempt to commit, or

incite or participate as an accomplice in the commission of, any

extradition offence.

It shall also be an offence under the laws of both the

Contracting Parlies, for any citizen of a Contracting Party to

commit any offence in any place beyond its territory,

Article 5

Grounds for refusal of extradition

A person may not be extradited if:

1.1

he is a citizen of the Requested Party at the time of the

commission of the offence; or

1.2

he satisfies the Requested Party that he might if extradited, be

prejudiced at his trial or be punished, by reason of his race,

religion, nationality or political opinions; or

1.3

he satisfies the Requested Party that it would, having regard to

all the cirpumstances, be unjust or oooressive to extradite him

by reasons of:

1.3.1 the expiry of the limitation-period for initiating the criminal

proceedings under the legislation of the Requested Party or for

execution of a sentence, or on other legal grounds;

1.3.2 the accusation against him having not been made in "the

interests of justice; or

1.4

the extradition is not permitted according to the laws of the

Requested Party;

1.5

the offence of which he is accused or convicted is a military

offence which is not also an offence under the general criminal

law.

A person shall also not be extradited if in respect of the offence

for which his extradition is requested, he has been previously

proceeded against in the Requested Party and convicted or

acquitted.

The request for extradition may be refused by the Requested

Party if the person whose extradition is sought may be tried for

the extradition offence in the courts of that Party.

THE GAZEX1E OF INDIA: hX 1KAUKU1NAKY

^ART a—SEC. i(i)\

A person who has been convicted of an extradition offence may

not be extradited thereof unless he was sentenced to

imprisonment or other form of detention for a period of at least

six months.

Article 6

The Political Offence Exception

Extradition may be refused if the offence of which it is

requested is an offence of a political character.

For the purpose of this Treaty the following offences shall not

be regarded as offences of a political character:

(a)

an offence within the scope of the Convention for the

Suppression of Unlawful Seizure of Aircraft, opened for

signature at the Hague on 16 December, 1970;

(b) an offence within the scope of the Convention for the-

Suppression of Unlawful Acts against the Safety of Civil

Aviation, opened for signature at Montreal on 23 September

1971;

(c)

aii offence • within the scope of the Convention of the

Prevention and Punishment of Crimes against internationally

Protected Persons, including Diplomatic Agents, opened for

signature at New York on 14 December 1973;

(d)

an offence within the scope of the International Convention

against the Taking of Hostages, opened for signature at New

York on 17 December 1979;

(e)

murder;

(f)

manslaughter or culpable homicide;

(g) assault occasioning actual bodily harm, or causing injury,

maliciously wounding or inflicting grievous bodily harm

whether by means of a weapon, a dangerous substance or

otherwise;

(h) the causing of an explosion likely to endanger life or cause

serious damage to property;

(i)

the making or possession of an explosive substance by a

person wh6 intends either himself or through another person to

endanger life or cause serious damage to property;

(j)

the possession of a firearm or ammunition by a person who

intends either himself or through another person to endanger

life;

(k) the use of a firearm by a person with intent to resist or prevent

the arrest,or detention of himself or another person;

(1)

damaging property whether used for public utilities or

otherwise with intent to endanger life or with reckless

disregard as to whether the life of another would thereby be

endangered;

(m) kidnapping, abduction, false

imprisonment or unlawful

detention, including the taking of a hostage;

(n)

incitement to murder;

(o) any other offence related to terrorism which at the time of the

request is, under the law of the Requested Party, not to be

regarded as an offence of a political character; and

(p) an attempt or conspiracy "to commit sny of the foregoing

offences or participation as an accomplice of a person who

commits or attempts to commit such an offence.

jl-$<«»3t|fr>.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)]

Article 7

Obligation to prosecute

Where the Requested Party refuses a request for extradition for

the reason set out in paragraphs 1.1 and 3 of Article 5 of this

Treaty, it shall accept and submit the case to its competent

, authorities for prosecution.

If the competent authorities decide not to prosecute in such a

case, the request for extradition shall be reconsidered in

accordance with this Treaty.

Article 8

Postponement of extradition and temporary extradition

If the person to be extradited is being prosecuted or serving

sentence fqr another crime in the territory of the Requested

Party, the extradition may be postponed till the end of the

''proceedings of the case, end of sentence or release, which shall

be advised to the Requesting Party.

If the postponement of extradition can cause the expiration *bf

the limitation or impede the investigation, the person can be

extradited temporarily under a special request of the Requesting

Party.

The temporarily extradited person must be returned to the

Requested Party immediately after the en*d of the proceedings

of the case.

Article 9

Extradition procedures

The request of extradition shall be made through diplomatic

channels.

The request shall be accompanied by:

2.1

the name and surname (petronym) of the person whose

extradition is requested, information on his citizenship, place of

residence or whereabouts and other relevant data, as well as, if

possible, the description of the person's appearance, his

photographs and fingerprints;

2.2

a statement of the facts of the offence for which extradition is

requested; and

2.3

the text, of the corresponding law;

2.3.1 defining that offence; and

2.3.2 prescribing the punishment for that offence.

The request for extradition for the prosecution, besides the

information specified above, must be accompanied by the

warrant of arrest issued by a court or a competent authority of

the Requesting Party on the subject matter.

If the request relates to a person already convicted and

sentenced, it shall also be accompanied by a certified copy of

the judgement and a statement that the person is no longer

entitled to question the conviction or sentence and showing how

much of sentence has not been carried out.

•

If the Requested Party considers that the 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

information shall be submitted within a reasonable time.

Article 10

Provisional arrest

In urgent cases a person may be provisionally arrested by the

Requested Party, in accordance with its law, on the request of

the competent authorities of the Requesting Party, made either

through Diplomatic Channels or the National Central Bureau of

International

Criminal

Police Organization

-INTERPOL,

before the receiving of the request for extradition. The request

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shall contain an indication of intention to request the extradition

of that person and a statement of existence of a warrant of arrest

and, if the person sought is already convicted, the conviction

order against him; and, if available, the data specified in

paragraphs 2.1 and 2.3 of Article 9 of this Treaty and such

further information, if any, as would be necessary to justify the

issue of a warrant of arrest had the offence been committed, or

the person been convicted, in the territory of the Requested

Party.

2. •

A person arrested upon such a request shall be set at liberty

upon the expiration of 60 days from the date of his arrest if a

request for his extradition shall not have been received. This

provision shall not prevent the institution of further proceedings

for the extradition of the person sought if a request for

extradition is subsequently received.

Article 11

Rule of speciality

The extradited person may not, without prior consent of the

Requested Party, be prosecuted or punished by the Requesting

Party for the, offence other than that for which extradition lias

been granted and any lesser offence disclosed by the facts

proved for the purposes of securing his extradition, nor may

such a person, without prior consent of the Requested Party, be

extradited to a third Slate.

The consent of the Requested Party is not required if:

2.1

the extradited person has not left, though had the opportunity to

leave, the territory of the Requesting Parly within 30 days after

termination of the criminal prosecution, serving of the sentence

or release on any legal ground. Such period shall not be deemed

to include the period of time during which the extradited person

is unable to leave the territory of the Requesting Party, for

reasons beyond his control; and

2.2

if, the extradited person, once having left the territory of the

Requesting Party, voluntarily returns there.

The provisions of paragraph 1 of this Article shall not apply to

offences committed after the return of person to the Requesting

Party or matters arising in relation to such offences.

Article 12

Recognition of documents and evidence

Documents issued or certified and statements recorded by

competent courts or other authorities in the prescribed form in

the territory of one Contracting Party as per its laws shall not

require any form of authentication in the territory of the other

Contracting Party.

Documents considered as public in the territory of one of the

Contracting Parties shall have the evidential force of public

documents also in the territory of the other Contracting Party.

Article 13

Competing requests

If numerous requests from Contracting Parties for extradition

are made for the same offence, priority shall be given to the

Party whose security or interest or its nationals or their interests

are affected by the offence, and then to the Party on whose

territory the offence is committed, and lastly to the Party of

which the person to be extradited is a national.

If the circumstances are identical then the Contracting Party

which made the first request shall have preference. If the

requests for extradition

are for several

offences,

then

preponderance is accorded to the circumstances of the offence

and its gravity.

THE GAZETTE OF INDIA. EXTRAORDINARY

[PART II—SEC, 3(i)]

Article 14

Capital punishment

If under the law of the Requesting Party the person sought is

liable to the death penalty for the offence for which his extradition is

requested, but the law of the Requested Party does not provide for the

death penalty for the same offence, extradition may be refused, unless

the Requesting Party gives such assurances as the Requested Party

considers sufficient that the death penalty will not be carried out.

Article 15

Surrender of the person

Upon being informed that extradition has been granted, the

Parties shall, without undue delay, arrange for the surrender of

the person sought and the Requested Party shall inform the

Requesting Party of the length of time for which the person

sought was detained with a view to surrender.

The person shall be removed from the territory of the Requested

Party within such reasonable period as the Requested Party

specifies and,, if the person is not removed within that period,

the Requested Party may release the person and may refuse "to

extradite that person for the same offence.

If circumstances beyond its control prevent a Party from

surrendering or removing the person to be extradited, it shall

notify the other Party. The two Parties shall mutually decide

upon a new date of surrender, and the provisions of paragraph 2

of this article shall apply.

Article 16

Transit

Where a person is to be extradited to a Party from a third State

through the territory of the otherParty, the Party to which the

person is to be extradited shall request the other Party to permit

the transit of that person through its territory. This does not

apply where air transport is used and no landing in the territory

of the other Party is scheduled. A request for transit shall be

made through the diplomatic channel.

Upon receipt of such a request, which shall contain relevant

information, the Requested Party shall deal with this request

pursuant to procedures provided by its own law.

The

Requested Party shall grant the request expeditiously unless its

essential interests would be prejudiced thereby.

The State of transit shall ensure that legal provisions exist

enabling the person to be held in custody during transit.

In the event of an unscheduled landing, the Party to be

requested to permit transit may, at the request of the escorting

officer, hold the person in custody for 48 hours, pending receipt

of the transit request to be made in accordance with paragraph 1

of this article.

Article'17

Trapsfer of articles connected with crime

The Requested Party shall, within the limits of its legislation,

transfer on the request of the Requesting Party the articles used

for committing crime by the person being extradited, articles

bearing crime traces or crime proceeds.

The above articles shall be transferred also in cases when the

extradition cannot be effected if person died, fled or due to

other reasons.

The Requested party may temporarily postpone the transfer of

the articles referred to in paragraph 1 of this Article if they are

required for proceedings instituted by that Party in connection

with any other criminal case till the end of such proceedings.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC, 3(i)]

The rights of third persons to the articles transferred to the

Requesting Party, shall not be prejudiced against. Upon

termination of the proceedings, the Requesting Party shall

return these articles to their owners in its territory. If the owners

are in the territory of the Requested Party the articles are to be

returned to it for transfer to them. If the owners are in the

territory of a third country the articles shall be returned to them

by the Requesting Party without charge.

The transfer of the articles and of money shall be effected

within the limits provided for by the legislation of the

Requested Party.

Article 18

Mutual legal assistance in extradition

Each Contracting Party shall, to the extent permitted by its law,

afford the other the widest possible measure of mutual legal assistance

in criminal matters in connection with the offence for which

extradition has been requested.

Article 19

Expenses on extradition

All expenses related to the extradition shall be borne by the

Contracting Party in whose territory the same occurred. The expenses

caused by transit transportation of the extradited person by one of the

Contracting Parties from a third Party through territory of the other

Contracting Party shall be borne by the Contracting Party effecting the

transit.

Article 20

Languages

While complying with the present Treaty, the Contracting

Parties shall use their national language attaching the translation in the

national language of the other Contracting Party or in the English

languages.

Article 21

International Conventions/Treaties

The present Treaty shall not affecl the rights and obligations of

the Contracting Parties arising from other international Conventions/

Treaties to which the Contracting Parties are signatories.

Article 22

Consultations

The Contracting Parlies shall consult promptly, at the request of

either Contracting Party, concerning the interpretation and the

application of this Treaty, either generally or in relation to a particular

request.

Article 23

Ratification and termination

This Treaty shall be subject to ratification and it shall'cnler into

force on the date of exchange of the instruments of ratification.

Either of the* Contracting Party may terminate this Treaty at any

time by giving notice to the other contracting Party through the

diplomatic channel and if such notice is given the Treaty shall

cease to have effect six months after the receipt of the notice.

Done at H^..M^

on .&?*..$?:£.,

2000,

in two originals in Hindi, Uzbek and English languages, all

texts being equally authentic. In case of divergence of

interpretation of the provisions of this Treaty, the English text

shall prevail.

Now, therefore,

in exercise of the powers conferred by Sub-

Section (2) of Section 12 of the Extradition Act, 1962 (34 of 1962), the

Central Government hereby directs that the provisions of the said Act,

other than chapter II, shall apply to the Republic of Uzbekistan with effect

from the date of the publication of this notification.

[F.NO.T413/60/99]

S,R.TAYAL,Jt.Secy.(CPV)

Printed by the Man»ger, Govt. of India Press, Ring Road, M»y*puri, New Delhi-110064

»nd Published by the Controller of Publications, Delhi-] 16034.