L.S. 276.06 Ordni dwar l-Estradizzjoni (Repubblika tat-Tuniżija) - Għadu mhux fis-seħħ

(1)The title of this Order is the Extradition (Republic of Tunisia) Order. Citation and commencement.

(2)This Order shall enter into force on such day as the Minister shall order in the Gazette after the Treaty enters into force in accordance with the terms of the said Treaty.

1. In this Order, unless the context otherwise requires - "the Minister" means the Minister responsible for justice; Interpretation. Amended by: L.N. 46 of
2. "the relevant Act" means the Extradition Act; Cap.
3. "the relevant date" shall mean the date the Order enters into force; "the requested country" means the country receiving the request for extradition; "the requesting country" means the country making the request for extradition; "the Treaty" means the Treaty between between the Government of Malta and the Government of the Republic of Tunisia signed on the 14th December 2006, in Malta, the terms of which are set out in the relative Treaty published in the Government Gazette dated the 13th November
5. For purposes of article 6 of the Extradition Act, the Minister has designated the Republic of Tunisia. Designation for the purposes of article 6 of the relevant Act.
6. The provisions of the relevant Act, save where otherwise expressly indicated, shall apply to requests received or made by Malta on or after the relevant date for the return of a fugitive criminal to or from the Republic of Tunisia in pursuance of a request made under this Order, and the provisions of the relevant Act shall have effect in relation to the return under this Order of persons to, or in relation to persons returned under this Order from, the Republic of Tunisia subject to such conditions, exceptions, adaptations or modifications as are specified in this Order. Relationship between the Order and the relevant Act and transitory provisions.
7. For the purposes of this Order, article 8

(1)(a) of the relevant Act shall apply as if for the words "under that law" therein there were substituted the words "under Maltese law and under that law". Amends article 8 of the relevant Act. *Not yet in force. 2 [ S.L.276.06 EXTRADITION (REPUBLIC OF TUNISIA) Extradition for lesser offences. Substituted by: L.N. 46 of

2. If the request for extradition concerns several distinct offences, each offence being punishable by the requesting and the requested countries' laws by imprisonment, in the case that some offences do not meet the condition relative to the sentence's duration laid down in article 8

(1)(

1. a)of the relevant Act, extradition may also be granted for the latter offences. Amends article 10 of the relevant Act. Amended by: L.N. 46 of 2010. 7. For purposes of this Order, article 10 of the relevant Act shall be amended as follows: (
2. a)subarticle

(1)of article 10 shall be substituted by the following: "

(1)A person shall not be returned under this Act to any country, or committed to or kept in custody for the purposes of such return, if it appears to the Minister or to the court of committal (

1. a)that the offence of which that person is accused or was convicted is an offence of a political character or an act related to such an offence; or (
2. b)that the request for his return (though purporting to be made on account of an extraditable offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, place of origin, nationality, political opinions, colour, religion or creed; or (
3. c)that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, place of origin, nationality, political opinions, colour, religion or creed; or (
4. d)when there are serious reasons to believe that if returned, he might not enjoy the guarantees inherent in a fair trial; or (
5. e)that the offence of which that person is accused or was convicted was committed on Maltese territory"; (
6. b)immediately after sub-article

(3)of the relevant Act there shall be added the following: (3A) When the description of the offence charged is altered in the course of proceedings, a person shall not be returned under this Act to any country, or committed to or kept in custody for the purpose of such return, unless provision is made by the law of that country, or by an arrangement made with that country, that the extradited person will only be dealt with insofar as the offence, under its new description, is shown to be an extraditable offence and is based on the same facts contained in the extradition request.". EXTRADITION (REPUBLIC OF TUNISIA) [ S.L.276.06 8. For purposes of this Order, subarticle

(2)of article 11 of the relevant Act shall be amended as follows: 3 Amends article 11 of the relevant Act. (

1. a)in paragraph (
2. g)for the words "of Malta." there shall be substituted the words "of Malta;" and (
3. b)immediately thereafter there shall be inserted the following: "(
4. h)if the person is accused of some offence within Maltese jurisdiction based on the same facts as that on which the request for extradition is based.". 8A. For the purposes of this Order, immediately after article 11 of the relevant Act there shall be added the following new article: "Further extradition. 11A. A person returned to the Republic of Tu n i si a , m ay n o t b e t h e s u b j e ct o f o n wa r d extradition or surrender for any offence committed prior to extradition unless the Minister consents.". 9. For the purposes of this Order, immediately after article 12 of the relevant Act there shall be added the following new article: " Temporary surrender. 12A.

(1)If the court commits the person to custody to await his return and the person is still being prosecuted for some offence committed within Maltese jurisdiction or is undergoing sentence in Malta, the court may temporarily surrender the person requested to the Republic of Tunisia for the purpose of prosecution

(2)The temporary surrender shall take place in accordance with the conditions agreed in writing with the authority making the request for extradition.". 10. For purposes of this Order, immediately after subarticle

(4)of article 15 of the relevant Act there shall be added the following new sub-article: Adds new article 11A to the relevant Act. Added by: L.N. 46 of

1. Adds new article 12A to the relevant Act. Substituted by: L.N. 46 of
2. Amends article 15 of the relevant Act. "(4A) If the court finds the information communicated by the requesting country to be insufficient to allow it to decide on committal, it shall request the necessary supplementary information subject to any time limit which it may lay down for the purpose.".
3. (Deleted by Legal Notice 46 of 2010).
4. For purposes of this Order, for subarticle

(2)of article 22 of the relevant Act there shall be substituted the following: "

(2)A document shall be deemed to be duly authenticated for the purpose of this article if it is certified by a competent authority of the Republic of Tunisia as being the original document or an authentic copy of the original, and bears the seal of the Ministry of Justice and/or the Ministry of Foreign Affairs of the Republic of Tunisia.". Amends article 21 of the relevant Act. Amends article 22 of the relevant Act. 4 [ S.L.276.06 EXTRADITION (REPUBLIC OF TUNISIA) Amends article 23 of the relevant Act. 13. For purposes of this Order, in subarticle

(2)of article 23 of the relevant Act for the words "death or escape" there shall be substituted the words "death, disappearance or escape". Amends article 25 of the relevant Act. Substituted by: L.N. 46 of

2. For article 14 of the principal Order there shall be substituted the following: "
3. For the purposes of this Order, immediately after subarticle

(3)of article 25 of the relevant Act there shall be added the following: "(3A) (

1. a)When the description of the offence charged has been altered in the course of extradition proceedings, a person returned to Malta shall only be dealt with insofar as the offence, under its new description, is shown to be an extraditable offence and is based on the same facts contained in the extradition request. (
2. b)A person returned to Malta may not be extradited to a third State for any offense committed prior to extradition to Malta unless the requested country consents. (
3. c)The foregoing provisions of this subarticle shall not prevent the further extradition of a person to a third State or international tribunal, if: (
4. i)that person leaves the territory of Malta after extradition and voluntarily returns to it; or (
5. ii)that person does not leave the territory of Malta within fortyfive days of the day on which that person is in a position to leave.".". Commissioner of Police may authorize transit. Amended by: L.N. 46 of 2010. 15.

(1)The Commissioner of Police may authorize transit through Malta of a person who is being surrendered to the Republic of Tunisia to a third State or by the Republic of Tunisia to a third State: provided that the following information is furnished: (

1. a)a description of the person being surrendered; (
2. b)a brief statement of the facts of the case: Provided that transit shall be refused if the person being surrendered is a national or permanent resident of Malta.

(2)The information in subarticle

(1)may be transmitted to the Commissioner of Police by any means capable of producing a written record.

(3)When the transport of the surrendered person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in subarticle

(1)in the event that an unscheduled landing occurs.

(4)A person being conveyed through Malta in the course of his extradition or removal as a convicted prisoner from one country to another shall be kept in custody during the period of transit. EXTRADITION (REPUBLIC OF TUNISIA) [ S.L.276.06 16. Where the Minister has given an undertaking in connection to the temporary surrender of a person to Malta, and the undertaking includes terms that the person be kept in custody until the conclusion of any proceedings against him in Malta for an offence, a court may grant bail to the person in the proceedings only if it considers that there are exceptional circumstances which justify it. Undertaking by Minister 5