23. (2)
A request shall be refused if the central authority for Guyana believes that-
the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;
there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for an offence of a political character;
there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing, or otherwise causing prejudice to a person on account of the person's race, sex, religion, nationality, place of origin, or political opinions;
23. (3) A request may be refused if the central authority for Guyana believes that-
the request relates to the prosecution or punishment of a person in respect of conduct that, if it had occurred in Guyana, would not have constituted an offence against the law of Guyana;
the request relates to the prosecution or punishment of a person in respect of conduct that occurred, or is alleged to have occurred, outside the requesting country and similar conduct occurring outside Guyana in similar circumstances would not have constituted an offence against the law of Guyana;
the request relates to the prosecution or punishment of a person in respect of conduct where, if it had occurred in Guyana at the same time and had constituted an offence against the law of Guyana, the person responsible could no longer be prosecuted by reason of lapse of time or for any other reason;
the request relates to an offence against the military law of the requesting country that does not constitute an offence against the ordinary criminal law of that country;
carrying out the request would interfere with an ongoing investigation or prosecution in Guyana;
section 24 (1) (b) applies;
any confidentiality requested by the central authority for Guyana in relation to information or evidence provided by Guyana would not be protected by the requesting country;
the limitations, conditions, exceptions, or qualifications imposed by order under this Act in relation to the requesting country prevent the request being accepted;
the request, not being an informal request, does not meet the requirements of the Schedule;
the request cannot be accommodated within relevant legal practices and procedures in Guyana; or
there are other reasonable grounds for doing so.
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
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.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.