Competing request - same conduct - State not Party - international obligation

Republic of Kiribati

Kiribati - Extradition Act 2013 EN

Extradition objection
6. There is an extradition objection to a request for the surrender of a person if: (a) the extradition offence is regarded as a political offence; or
(b) there are substantial grounds for believing that surrender of the person is sought for the purpose of prosecuting or punishing the person because of his or her race, religion, nationality, political opinions, sex or status, or for a political offence in the requesting country; or
(c) on surrender, the person may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, because of his or her race, religion, nationality, political opinions, sex or status; or
(d) the offence is an offence under the law governing the disciplined forces of Kiribati but is not also an offence under the ordinary criminal law of Kiribati; or
(e) final judgement has been given against the person in Kiribati, or in a third country, for the offence; or
(f) under the law of the requesting country or Kiribati, the person has become immune from prosecution or punishment because of lapse of time, amnesty or any other reason; or
(g) the person has already been acquitted or pardoned in the requesting country or Kiribati, or punished under the law of that country or Kiribati, for the offence or another offence constituted by the same conduct as the extradition offence; or

Rome Statute

Article 90 Competing requests

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.