Section 7: Restrictions on surrender of persons

7. Restrictions on surrender of persons (1) An offender shall not be surrendered to a foreign State where— (a) the offence in respect of which the request for his surrender is made is one of a political character; or (b) he proves to the satisfaction of the Minister that the request for his surrender has in fact been made with a view to trying or punishing him for an offence of a political character. (2) An offender shall not be surrendered to a foreign State unless provision is made by the law of that State, or in the extradition treaty, or in the case of a Commonwealth country, that country has entered into an agreement with, or given an undertaking to Mauritius, that he will not, until he has left or has had an opportunity of leaving that State— (a) be detained or tried in that State for any offence that is alleged to have been committed, or was committed, before his surrender other than— (i) the offence to which the request for his surrender, relates or any offence of which he could be convicted upon proof of the facts on which that request was based; or (ii) in the case of a Commonwealth country, any other extradition crime in respect of which the Minister consents to his being so detained or tried; (b) be detained in that State for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his surrender to that State, other than an offence to which the request for his surrender relates or any other offence of which he could be convicted upon proof to the facts on which that request for his surrender was based. [Issue 1] E19 – 4 Revised Laws of Mauritius (3) A person who is held in custody or has been admitted to bail in Mauritius in respect of an offence that is alleged to have been committed in Mauritius, or is undergoing a sentence for a conviction in Mauritius, shall not be liable to be surrendered to a foreign State unless he has been discharged from custody or the recognisances upon which he was admitted to bail have been discharged, as the case may be, whether as a result of his acquittal on the expiration of his sentence or otherwise. (4) A person shall not be surrendered to a foreign State in respect of an offence if he has been acquitted or pardoned by a competent tribunal or authority in any country, or has undergone the punishment provided by the law of, or of a part of, any country, in respect of that offence or of another offence constituted by the same act as that offence. (5) An offender shall not be surrendered to a foreign State where the Minister has reasonable grounds for believing that— (a) the request for his surrender although purporting to have been made in respect of an offence for which, but for this section, he may be liable to be surrendered to that State, was made for the purpose of prosecuting or punishing him on account of his race, caste, place of origin, nationality, political opinions, colour or creed; or (b) if the offender is surrendered to that State he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, caste, place of origin, nationality, political opinions, colour or creed. (6) Where, in respect of a Commonwealth country, the Minister is satisfied that by reason of— (a) the trivial nature of the offence that an offender is alleged to have committed; (b) the accusation against an offender not having been made in good faith or in the i the offender is surrendered to that State he may be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, caste, place of origin, nationality, political opinions, colour or creed. (6) Where, in respect of a Commonwealth country, the Minister is satisfied that by reason of— (a) the trivial nature of the offence that an offender is alleged to have committed; (b) the accusation against an offender not having been made in good faith or in the interests of justice; or (c) the passage of time since the offence is alleged to have been committed or was committed, and having regard to all the circumstances under which the offence is alleged to have been committed, it would be unjust, oppressive or too severe a punishment to surrender the offender or, as the case may be, to surrender him before the expiration of a particular period, the offender shall not be surrendered or shall only be surrendered after that period, as the case may be.