Competing request - case inadmissible - notification of decision

Republic of Albania

Albania - Criminal Procedure Code 1995 (2017) EN

Article 491 Non-admissibility of the request for extradition
extradition may not be granted:
a) for an offence of political nature or when it results that it is requested for political reasons;
b) when there are grounds to think that the requested person shall be subject to persecution or discrimination due to race, religion, sex, citizenship, language, political belief, personal or social state or cruel, inhuman or degrading punishment or treatment or acts which constitute violation of fundamental human rights;
c) when the requested person has committed a criminal offence in Albania;
ç) when the proceeding is initiated or tried in Albania, although the offence is committed abroad;
d) when the criminal offence is not foreseen as such by the Albanian legislation;
dh) the Albanian state has issued an amnesty for this criminal offence;
e) when the requested person is Albanian citizen and there is no agreement providing otherwise; ë) when criminal prosecution or the punishment is prescribed under the law of the requested state.
f) when the requested person is tried in absentia, except in case the requesting State provides safeguards for the revision of the decision.

Rome Statute

Article 90 Competing requests

Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.