A/RES/52/164
Page 7
2. When a State Party which makes extradition conditional on the existence of a treaty receives a request
for extradition from another State Party with which it has no extradition treaty, the requested State Party may,
at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in
article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the
offences set forth in article 2 as extraditable offences between themselves, subject to the conditions provided
by the law of the requested State.
4. If necessary, the offences set forth in article 2 shall be treated, for the purposes of extradition between
States Parties, as if they had been committed not only in the place in which they occurred but also in the
territory of the States that have established jurisdiction in accordance with article 6, paragraphs 1 and 2.
5. The provisions of all extradition treaties and arrangements between States Parties with regard to offences
set forth in article 2 shall be deemed to be modified as between State Parties to the extent that they are
incompatible with this Convention.
Article 10
1. States Parties shall afford one another the greatest measure of assistance in connection with investigations
or criminal or extradition proceedings brought in respect of the offences set forth in article 2, including
assistance in obtaining evidence at their disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with
any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence
of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their
domestic law.
Article 11
None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual
legal assistance, as a political offence or as an offence connected with a political offence or as an offence
inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on
such an offence may not be refused on the sole ground that it concerns a political offence or an offence
connected with a political offence or an offence inspired by political motives.
Article 12
Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual
legal assistance, if the requested State Party has substantial grounds for believing that the request for
extradition for offences set forth in article 2 or for mutual legal assistance with respect to such offences has
been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion,
nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to
that person’s position for any of these reasons.
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