EXTRADITION LAW

Arrangement of Sections

1. Short title.

PART I

Preliminary

2. Application of the provisions of this Law in respect of Commonwealth countries.

3. Application of the provisions of this Law in respect of foreign states.

4. Special provisions as to the making of an Order under section 3.

5. Effect of Orders made under sections 2 and 3.

6. Extraditable offences.

7. General restrictions on extradition.

PART II

Extradition to Designated Commonwealth Countries and Treaty States

8. Authority to proceed.

9. Arrest for the purposes of committal.

10. Proceedings for committal.

11. Application for habeas corpus.

12. Order for extradition.

13. Discharge in case of delay in extraditing.

14. Evidence.

15. Custody.

16. Form of warrant and orders.

PART III

Extradition from Designated Commonwealth Countries and Treaty States

17. Extradition of persons to Sri Lanka and certain restrictions upon proceedings against them.

18. Restoration of persons not tried or acquitted.

PART IV

Miscellaneous

19. Regulations.

20. Extradition from Sri Lanka applicable to offences committed before and after the commencement of this Law.

21. Property found on fugitive offenders.

22. Omitted.

23. Interpretation.

SCHEDULE

8 of 1977,

24 of 1982,

70 of 1988,

15 of 1991,

31 of 1996,

11 of 1999,

48 of 1999,

41 of 2000,

42 of 2000,

25 of 2005,

30 of 2005,

58 of 2007.

A LAW to make provision for the Extradition of fugitive persons to and from commonwealth countries and foreign states, to regulate the treatment of persons accused or convicted of offences in Sri Lanka who are extradited from commonwealth countries or foreign states, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 18th February, 1977]

1. Short title.

This Law may be cited as the Extradition Law.

PART I

Preliminary

2. Application of the provisions of this Law in respect of Commonwealth countries.

(1) The Minister may from time to time by Order published in the Gazette, declare that the provisions of this Law shall apply in respect of any country within the Commonwealth specified therein, subject to such modifications, limitations, or conditions as may be specified in such Order.

(2) Every such Order shall come into force on the date of publication of such Order or on such later date as may be specified therein.

(3) Every Order made under this section shall as soon as convenient after its publication be brought before Parliament for approval. Any Order which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.

(4) An Order made under this section shall be final and conclusive, and shall not be called in question in any court.

(5) Every country within the Commonwealth in relation to which an Order made under this section is for the time being in force is hereinafter referred to as a "designated Commonwealth country”.

(6) Where any Order is deemed to be rescinded by virtue of the operation of the provisions of subsection (3) of this section, the Minister shall cause notice of such rescission to be published in the Gazette.

3. Application of the provisions of this Law in respect of foreign states.

(1) Where any extradition arrangement has been made by the Government of Sri Lanka with any foreign State, whether before or after the commencement of this Law, then, subject to the provisions of section 4, the Minister may by Order published in the Gazette declare that the provisions of this Law shall apply in respect of such foreign State, subject to such modifications, limitations or conditions, as the Minister, having due regard to the terms of such arrangement, may deem expedient to specify in the Order for the purpose, and the purpose only, of implementing such terms.

(2) Every Order made under this section shall recite or embody the terms of the extradition arrangement in consequence of which such Order was made, and shall come into force on the date of publication of such Order, or on such later date as may be specified therein, and shall remain in force for so long, and so long only, as the extradition arrangement in consequence of which such Order was made remains in force.

(3) Every Order made under this section shall as soon as convenient after its publication be brought before Parliament for approval. Any Order which is not so approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to anything previously done thereunder.

(4) An Order made under this section shall be final and conclusive, and shall not be called in question in any court.

(5) Where any Order is deemed to be rescinded by virtue of the operation of the provisions of subsection (3) of this section, the Minister shall cause notice of such rescission to be published in the Gazette.

(6) Every foreign State in relation to which an Order made under this section is for the time being in force is hereinafter referred to as a "treaty State”.

4. Special provisions as to the making of an Order under section 3.

No Order shall be made under section 3 unless the extradition arrangement in consequence of which such Order is made—

(a) is in conformity in all respects with the provisions of this Law restrictions on the containing restrictions extradition of persons; and

(b) is substantially in conformity with the other provisions of this Law, subject to the modifications, limitations or conditions, if any, specified in such Order for the purpose of implementing the terms of such arrangement.

5. Effect of Orders made under sections 2 and 3.

(1) For so long, and so long only, as an Order under section 2 in respect of a designated Commonwealth country, or an Order under section 3 in respect of a treaty State is for the time being in force, the provisions of this Law shall apply in respect of and in relation to such country or State, as the case may be, subject to such modifications, limitations and conditions, if any, as are specified in such Order.

(2) For so long, and so long only, as an Order under section 3 in respect of a treaty State is for the time being in force, such Order shall be conclusive evidence that the extradition arrangement in consequence of which such Order was made, complies with the provisions of section 4.

6. Extraditable offences.

(1) For the purposes of this Law, any offence of which a person is accused or has been convicted in any designated Commonwealth country or any treaty State shall be an extraditable offence, if—

(a) in the case of an offence against the law of a treaty State it is an offence which is provided for in the extradition arrangement;

(b) in the case of an offence against the law of a designated Commonwealth country, it is an offence which, however described in that law, falls within any description set out in the Schedule hereto and is punishable under that law with imprisonment for a term of not less than twelve months; and

(c) in any case, the act or omission constituting the offence, or the equivalent act or omission, would constitute an offence against the law of Sri Lanka if it took place within Sri Lanka, or outside Sri Lanka.

(2) In determining for the purposes of this section whether an offence against the law of any designated Commonwealth country falls within any description set out in the Schedule hereto, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under that law shall be disregarded.

(3) Each offence described in the Schedule hereto shall be deemed to include the offence of attempting or conspiring to commit, of assisting, counseling or procuring the commission of, or being accessory before or after the act to, such offence, and of impeding the apprehension or prosecution of persons guilty of such offence.

(4) Reference in this section to the law of any designated Commonwealth country or of any treaty State shall be deemed to include reference to the law of any part of such country or State, as the case may be.

7. General restrictions on extradition.

(1) 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, if it appears to the Minister, to the court of committal, or to the Court of Appeal 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, ethnic origins or political opinions; or

[S 7(1)(b) amd by s 6(2) of Act 41 of 2000.]

(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, ethnic origins or political opinions.

[S 7(1)(c) amd by s 6(2) of Act 41 of 2000.]

(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.

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