Extradition (Arab Republic of Egypt) Order, 2010 (arabrepublicofegypt)

L.N. 49 of 2010

EXTRADITION ACT

(CAP. 276)

Extradition (Arab Republic of Egypt) 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 (Arab

Republic of Egypt) 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 -

"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 Arab Republic of Egypt signed on

the 20 th May, 2004 in Cairo, 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

Minister has designated the Arab Republic of Egypt.

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 Arab Republic of Egypt 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 Arab Republic

of Egypt 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 Amends article

relevant Act shall apply as if for the words "under that law" therein 8 Act.

there were substituted the words "under Maltese law and under that

law".

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

10 of the

Act shall be amended as follows

relevant Act.

(a) for sub-article (1) thereof, there shall be substituted the

following:-

"10. (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 -

(a)

that the offence of which that person is accused or

was convicted is an offence of a political character or an offence

connected with a political offence; or

(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, religion, nationality or political opinions; or

(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, religion, nationality or political opinions; or

(d)

that there are serious reasons to believe that if

returned, he may be subjected to a judicial process which does

not conform with the minimum guarantees inherent to a fair

trial; or

(e)

that the punishment provided or the sentence

awarded for the offence for which a person’s return is being

requested, is of a nature which is not applicable under Maltese

law.";

(b) 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"; and

(c) immediately after sub-article (3) thereof, there shall be

added the following new sub-article

"(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.".

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

article (2) of article 11 of the relevant Act, after the words "and" there

shall be inserted the words "such person has not had sufficient notice

of the trial or".

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, article 25 of the relevant

Act, shall be amended as follows

(a) immediately after paragraph (b) of sub-article (2) 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"; and

(b) immediately after sub-article (3) of article 25 of the

relevant Act there shall be added the following

"(3A) (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.

(b)

A person returned to Malta may not be extradited

to a third State for any offence committed prior to extradition to

Malta unless the requested country consents.";

(c)

The foregoing provisions of this sub-article shall

not prevent the further extradition of a person to a third State or

international tribunal, if

(i) that person leaves the territory of Malta after

extradition and voluntarily returns to it; or

(ii) that person does not leave the territory of

Malta within 45 days of the day on which that person is in

a position to leave.".

(1)

The Commissioner of Police may authorize transit Commissioner

through Malta of a person who is being surrendered to the Arab of

authorize

Republic of Egypt by a third State or by the Arab Republic of Egypt transit.

to a third State provided that the following information is furnished

(a)

a description of the person being surrendered;

(b)

a brief statement of the facts of the case.

(2) The information in sub-article (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 sub-article (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.

(5) Transit may be refused if the person being surrendered is a

citizen of Malta.

(6) Transit may be postponed if the person being surrendered

is sought by Malta for the purpose of prosecution and if the Arab

Republic of Egypt consents to the said postponement.

If the request for extradition concerns several distinct Extradition for

offences, each offence being punishable by the requesting and the offences

punishable by

requested countries' laws by imprisonment, in the case that some lesser penalty.

offences do not meet the condition relative to the sentence's duration

laid down in article 8(1)(a) of the relevant Act, extradition may also

be granted for the latter offences.

A person shall not be returned to the Arab Republic of Refusal of

surrender.

Egypt if any one of the following occurs

(a)

where it has been decided not to prosecute the

person for the acts in respect of which the person’s return is

(b)

there has been a decision, in Malta, to discontinue

any criminal proceedings instituted against the said person for

the same acts;

(c)

the person sought is still being investigated, in

Malta, for the said acts.".