EXTRADITION (GREAT SOCIALIST PEOPLE’S ARAB JAMAHIRIJA) ORDER

EXTRADITION (GREAT SOCIALIST

PEOPLE’S ARAB JAMAHIRIJA)

SUBSIDIARY LEGISLATION 276.09

EXTRADITION (GREAT SOCIALIST

PEOPLE’S ARAB JAMAHIRIJA) ORDER

18th December, 2009

LEGAL NOTICE 47 of 2010.

The title of this Order is the Extradition (Great Socialist

People’s Arab Jamahiriya) 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

a n d t h e G o v e r n m e n t o f t h e G r e a t S o c i a l i s t P e o p l e ’s A r a b

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

M in i s te r h as d es i g n at ed th e Gr e at S o c ia li s t P eo p l e’s A r a b

Jamahiriya.

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 Great Socialist People’s Arab Jamahiriya 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 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

EXTRADITION (GREAT SOCIALIST

PEOPLE’S ARAB JAMAHIRIJA)

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".