Chapter 2 Extradition
Article Twenty Four:
Optional Rejection of the Extradition
(1) The High Council of the Supreme Court can reject the extradition request of an accused for the following reasons: a. If the crime is under prosecution in Afghanistan and the criminal procedure has begun but not concluded against the accused.
b. Considering the nature of the crime and interests of the Afghan Government, extradition is contradicted from the view point of the accused’s old age, health conditions, or other humanitarian issues.
c. If the crime listed in the request for extradition of the accused is completely or partly committed in the territory of Afghanistan and the act is considered a crime under Afghan law.
(2) If the person whose extradition is requested has been or is being tried in a special court, the request can be rejected by the High Council of the Supreme Court.
Chapter 2 Extradition
Article Twenty Five
Rejection of Extradition Request
(1) The High Council of the Supreme Court may not issue an order of extradition when:
a. There are enough reasons [to believe that] the request for extradition is to prosecute and punish for causes such as ethnicity, religion, nationality, tribe, political belief or social status, or the purpose of the request is to harm the reputation of the accused.
b. An Afghan court [has already] issued a final verdict on the crime which forms the basis for the extradition request.
c. The prosecution and implementation of the punishment is pardoned due to the expiration of a statute of limitation or a general pardon based on either Afghan or the requesting country’s laws.
d. The act is committed outside the territories of Afghanistan and the requesting country, and [the act]is not prescribed as a crime under Afghan Laws.
e. The accused or convict faces torture, severe or inhuman or degrading punishment in the requesting country, or is [deprived of] a guarantee [to ensure] fair criminal procedures outlined in the [Afghan] Constitution, other enforced legislative documents, UN Convention on Civil and Political Rights and other international agreements to which Afghanistan is a party.
f. The requesting country has issued a verdict in absentia, or the convict was not notified of the trial, or [he was not given an opportunity to prepare] his defense, or [he was not given] the chance to appeal.
(2) The High Council of the Supreme Court will reject the extradition request based on paragraph (1) of this article,[or]Article 24 of this law, and will send the case to the relevant authorities for prosecution.
(3) If the Ministry of Foreign Affairs rejects the request for extradition, it shall notify the requesting authority within 14 days by sending a copy of the rejection.
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.