Extradition (Great Socialist People’s Arab Jamahiriya) Order, 2010

L.N. 47 of 2010

EXTRADITION ACT

(CAP. 276)

Extradition (Great Socialist People’s Arab Jamahiriya) Order, 2010

IN exercise of the powers conferred by article 7 of the

Extradition Act, the Minister for Justice and Home Affairs has made

the following order:-

(1)

The title of this Order is the Extradition (Great Citation and

commencement.

Socialist People’s Arab Jamahiriya) Order, 2010.

(2) This order shall be deemed to have come into force on the

18 th December, 2009.

In this Order, unless the context otherwise requires -

Interpretation.

"the Minister" means the Minister responsible for justice;

"the relevant Act" means the Extradition Act;

"the relevant date" means the 18 th December, 2009;

"the Treaty" means the Treaty between the Government of

Malta and the Government of the Great Socialist People’s Arab

Jamahiriya, signed on the 25th July 2002, in Valletta, the terms of

which are set out in the relative Treaty published in the Gazette dated

the 11th December, 2009.

For the purposes of article 6 of the Extradition Act, the Designation for

Minister has designated the Great Socialist People’s Arab Jamahiriya. the

article 6 of the

relevant Act.

The provisions of the relevant Act, save where otherwise Relationship

expressly indicated, shall apply to requests received or made by Malta between

Order and the

on or after the relevant date for the return of a fugitive criminal to or relevant

transitory

from the Great Socialist People’s Arab Jamahiriya in pursuance of a provisions.

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 Great

Socialist People’s Arab Jamahiriya subject to such conditions,

exceptions, adaptations or modifications as are specified in this

Order.

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".

For the purposes of this Order, article 10 of the relevant

Act shall be amended as follows

(a) in paragraph (c) of sub-article (1) thereof, for the words "or

creed." there shall be substituted the words "or creed; or";

(b) immediately after paragraph (c) of sub-article (1) thereof,

there shall be added the following new paragraph

"(d)

that there are serious reasons to believe that if

returned, he may be subjected to a judicial process which

substantively and procedurally does not conform with the

fundamental principles of justice or which fails to guarantee the

right of adequate defence."; and

(c) immediately after paragraph (b) of sub-article (3) thereof,

there shall be inserted the following

"(b bis) a differently denominated offence based on the

same facts as the offence for which extradition was granted,

provided that such offence is extraditable; or".

For the purposes of this Order, in sub-paragraph (g) of sub-

article (2) of article 11 of the relevant Act, for the words "of Malta."

there shall be substituted the words "of Malta;" and immediately

thereafter there shall be added the following new paragraph

"(h)

where the punishment provided for the offence for

which the return is being requested, is of a nature which is not

applicable under Maltese law and the requesting State has not

given an assurance accepted as sufficient by the Minister that

such penalty will not be carried out.".

For the purposes of this Order, in sub-article (2) of article

23 of the relevant Act, for the words "death or escape" there shall be

substituted the words "death, disappearance or escape".

For the purposes of this Order, immediately after

paragraph (b) of sub-article (2) of article 25 of the relevant Act, there

shall be inserted the following new paragraph

"(b bis)a differently denominated offence based on the

same facts as the offence for which extradition was granted,

provided that such offence is extraditable; or".