Section 21
Procedure following apprehension based on warrant of arrest pending extradition
(3) If it transpires in the course of the hearing that
1. the person apprehended is not the person designated in the warrant of arrest pending extradition,
2. the warrant of arrest pending extradition has been lifted or
3. enforcement of the warrant of arrest pending extradition has been suspended,
then the judge at the local court orders the apprehended person’s release.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.