Extradition (Commonwealth and Foreign Territories)
CHAPTER 12:04
EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT
PART III
EXTRADITION FROM TRINIDAD AND TOBAGO
16. Order for return.
(5) The Attorney General may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any territory if another request for his return under this Act has been made on behalf of another territory and it appears to the Attorney General, having regard to all the circumstances of the case and in particular—
(a) the relative seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the person concerned and his ordinary residence,
that preference should be given to the other request.
(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
55. (2) The Minister may refuse a request by the ICC for the surrender of a person if—
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) applies.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on Surrender
65. (1) If, following notification under article 90 of the Statute, the ICC has determined that a case is inadmissible and the Minister subsequently refuses extradition of the person to the requesting State, the Attorney General shall notify the ICC of this decision.
(2) The obligation in this section is in addition to the requirement in section 30 for the Attorney General to respond formally to the request from the ICC.
PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Restrictions on Provision of Assistance
114.
(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4), as applied by section 119, applies.
PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Restrictions on Provision of Assistance
115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(c) there are competing requests from the ICC and from another State to which Trinidad and Tobago is under an international obligation and section 119(2)(a) applies;
PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Restrictions on Provision of Assistance
119. (1) If the Attorney General receives competing requests for assistance from the ICC and from another State to which Trinidad and Tobago is under an obligation to respond, the Attorney General shall endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2) For the purposes of subsection (1), the Attorney General may do either or both of the following:
(a) postpone the execution of either of the competing requests; or
(b) attach conditions to the provision of assistance under either or both of the requests.
(3) If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests shall be resolved in accordance with article 90 of the Statute, and sections 61 to 65 shall apply with any necessary modifications.
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.