EXTRADITION (ARAB REPUBLIC OF EGYPY) ORDER (arabrepublicofegypy)

SUBSIDIARY LEGISLATION 276.10

EXTRADITION (ARAB REPUBLIC OF EGYPY)

ORDER

18th December, 2009

LEGAL NOTICE 49 of 2010.

The title of this Order is the Extradition (Arab Republic of

Egypt) Order.

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 18th December, 2009;

"the Treaty" means the Treaty between the Government of Malta

and the Government of the Arab Republic of Egypt signed on the

20th 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

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) 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) thereof 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 forty-five

days of the day on which that person

is in a position to leave.".

(1) The Commissioner of Police may authorize transit

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

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

Egypt 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

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)(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

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

requested;

(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.