A/RES/52/88
Page 5
ANNEX
Complementary provisions for the Model Treaty on Extradition
Article 3
1. Move the text of footnote 96 to the end of subparagraph (a) and add a new footnote reading: "Countries
may wish to exclude certain conduct, e.g., acts of violence, such as serious offences involving an act of
violence against the life, physical integrity or liberty of a person, from the concept of political offence".
2. Add the following sentence to footnote 97: "Countries may also wish to restrict consideration of the
issue of lapse of time to the law of the requesting State only or to provide that acts of interruption in the
requesting State should be recognized in the requested State".
Article 4
3. Add the following footnote to subparagraph (a): "Some countries may also wish to consider, within the
framework of national legal systems, other means to ensure that those responsible for crimes do not escape
punishment on the basis of nationality, such as, inter alia, provisions that would permit surrender for serious
offences or permit temporary transfer of the person for trial and return of the person to the requested State
for service of sentence".
4. Add to subparagraph (d) the same aut dedere aut judicare (either extradite or prosecute) provisions as
are found in subparagraphs (a) and (f).
Article 5
5. Add the following footnote to the title of article 5: "Countries may wish to consider including the most
advanced techniques for the communication of requests and means which could establish the authenticity of
the documents as emanating from the requesting State".
6. Replace existing footnote 101 with the following text: "Countries requiring evidence in support of a
request for extradition may wish to define the evidentiary requirements necessary to satisfy the test for
extradition and in doing so should take into account the need to facilitate effective international cooperation".
Article 6
7. Add the following footnote to the title of article 6: "Countries may wish to provide for the waiver of
speciality in the case of simplified extradition".
Article 14
8. Add the following footnote to subparagraph 1 (a): "Countries may also wish to provide that the rule
of speciality is not applicable to extraditable offences provable on the same facts and carrying the same or
a lesser penalty as the original offence for which extradition was requested".
9.
Delete footnote 103.
10. Add the following footnote to paragraph 2: "Countries may wish to waive the requirement for the
provision of some or all of these documents".
/...