EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
The Rwanda–Angola extradition agreement is ratified and takes full effect.
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The Rwanda–Angola extradition agreement is ratified and takes full effect. The Prime Minister, the Minister of Justice and Attorney General, and the Minister of Foreign Affairs and International Cooperation are responsible for implementing this Order. This provision says the text was drafted in English and sets conditions for extradition, including offence seriousness, sentence length, dual criminality, and special rules for certain crimes. This Order starts to apply on the date it is published in Rwanda’s Official Gazette. The Requested State may refuse extradition in several listed situations.
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Provisions of EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
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Kwemeza burundu
AI-assisted research summary: The Rwanda–Angola extradition agreement is ratified and takes full effect.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification yo hagati ibyaha kohererezanya Amasezerano abakurikiranyweho ya Repubulika y’u Rwanda na Repubulika ya Angola, yashyiriweho umukono i Kigali mu Rwanda, ku wa 15 Mata 2022, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. the The Extradition Agreement between Republic of Rwanda and the Republic of Angola, signed in Kigali, Rwanda, on 15 April 2022, annexed to this Order, is ratified and becomes fully effective. L’Accord d’extradition entre la République du Rwanda et la République d’Angola, signé à Kigali, Rwanda, le 15 avril 2022, annexé au présent arrêté, est ratifié et sort son plein et entier effet. Article I Objective The objective of this Agreement is the Mutual Cooperation between the Parties on the Extradition of Criminals who have fled abroad to be subjected to criminal proceedings or to the execution ofa penalty or security measure depriving of liberty, for crimes whosejudgnent is within the competence ofthe Requesting State. - 2 Verify source ↗
Abayobozi bashinzwe
AI-assisted research summary: The Prime Minister, the Minister of Justice and Attorney General, and the Minister of Foreign Affairs and International Cooperation are responsible for implementing this Order.
Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2 : Autorités chargées de l’exécution du présent arrêté Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2 : Autorités chargées de l’exécution du présent arrêté Minisitiri w’Intebe, Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta na Minisitiri w’Ububanyi n’Amahanga n’Ubutwererane bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Justice and Attorney General and the Minister of Foreign Affairs and International Cooperation are entrusted with the implementation of this Order. Le Premier Ministre, le Ministre de la Justice et Garde des Sceaux et le Ministre des Affaires Étrangères et de la Coopération Internationale sont chargés de l’exécution du présent arrêté. Official Gazette n° Special of 04/04/2023141 Article 2 Obligation to Extradite The Parties undertake, under this;.greement and at the request of one of them. to extradite persons who are being sought at the request of the other Party to respond to a criminal proceeding, trial or enforcement of a judgment in the Requesting State, for an extraditable offense. - 3 Verify source ↗
Ingingo y’ururimi
AI-assisted research summary: This provision says the text was drafted in English and sets conditions for extradition, including offence seriousness, sentence length, dual criminality, and special rules for certain crimes.
Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3: Disposition linguistique Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3: Disposition linguistique Iri teka ryateguwe mu rurimi rw’Icyongereza. This Order was drafted in English. Le présent arrêté a été rédigé en anglais. Article 3 Extradition Determinants l. For the purposes of this Agreement, extradition shall take place if the act constituting an offense under the laws of both Parties is punishable by imprisonment or other detention order for a period of more than two (2) years. 2. In order to determine whether a fact constitutes a crime under the Laws ofboth States: (ra t .l ,l i ri ,i .l Official Gazette n° Special of 04/04/2023147 lrj a) It is not relevant whether the laws of both Parties punish the fact that they constitute a crime within the same category, or that they qualiry under the same nomenclature. b) The conduct allegedly aftributable to the Person Requested should be considere{ not being relevant the fact that for the Laws of the States Parties the crime is gpified in a different way. 3. An Extradition Request for the enforcement of a sentence shall only be served if the sentence still to be carried out is not less than six (6) months. 4. Extradition shall take place under the terms of this Agreement in respect of a crime, provided that: aJ Such act constituted an offense in the Requesting State at the time of the occurrence ol said offense; b) The conduct in question occurred in the Requesting State and, at the time ofthe Request for Extradition, constitutes a crime against the laws ofthe Requested State. 5. If the Request for Extradition refers to a sentence of imprisonment and pecuniary penalty. the Requesting State may solicit that the Exradition applies to the two penalties. 6. Ifthe Request for Extradition refers to separate offenses punishable by the Laws ofthe two Parties with penalty depriving liberty, and some of which do not meet the requirements of Paragraphs I and 2 of this Anicle, the Requested State may also carry out the Extradition for such crimes, by simply ensuring that the person is extradited on the basis ofat least one extraditable offense. 7. If the offense is committed ouside the territory ofthe Requesting Party, extradition shall be granted where the Law ofthe Requested Party provides for the punishment ofan offense committed outside its territory under similar conditions. lr 8. Under this agreement, an extraditable oflence shall include the crime ofGenocide and other crimes against humanity as laid down in the 1948 Convention on the prevention and punishment ofthe crime of Genocide. 9. The offence of terrorism as defined by both the UN and the OAU conventions on prevention and combating ofterrorism shall also be an extraditable offence in accordance with this Agreement. tq Official Gazette n° Special of 04/04/2023148 I - 4 Verify source ↗
Gutangira gukurikizwa
AI-assisted research summary: This Order starts to apply on the date it is published in Rwanda’s Official Gazette.
Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Article 4 : Entrée en vigueur Official Gazette n° Special of 04/04/2023139 ITEKA RYA PEREZIDA Nº 018/01 RYO RYEMEZA 31/03/2023 KU WA BURUNDU YO AMASEZERANO KOHEREREZANYA IBYAHA ABAKURIKIRANYWEHO HAGATI YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA YASHYIRIWEHO ANGOLA, UMUKONO I KIGALI MU RWANDA, KU WA 15 MATA 2022 RATIFYING PRESIDENTIAL ORDER Nº 018/01 OF 31/03/2023 THE EXTRADITION AGREEMENT BETWEEN REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, KIGALI, RWANDA, ON 15 APRIL 2022 SIGNED THE IN ARRÊTÉ PRÉSIDENTIEL Nº 018/01 DU L’ACCORD 31/03/2023 RATIFIANT D’EXTRADITION LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE D’ANGOLA, SIGNÉ À KIGALI, RWANDA, LE 15 AVRIL 2022 ENTRE Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République ; Itegeko Nshinga rya Dushingiye ku Repubulika y’u Rwanda ryo mu 2003 ryavuguruwe mu 2015, cyane cyane mu ngingo zaryo, iya 112, iya 120, iya 122, iya 167, iya 168 n’iya 176; Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 112, 120, 122, 167, 168 and 176; Vu la Constitution de la République du Rwanda de 2003 révisée en 2015, spécialement en ses articles 112, 120, 122, 167, 168 et 176 ; Dushingiye ku Itegeko nº 013/2023 ryo ku wa ryemera kwemeza burundu 30/03/2023 kohererezanya Amasezerano abakurikiranyweho ya Repubulika y’u Rwanda na Repubulika ya Angola, yashyiriweho umukono i Kigali mu Rwanda, ku wa 15 Mata 2022; ibyaha hagati yo kubona yo Tumaze kohererezanya abakurikiranyweho ibyaha hagati ya Repubulika y’u Rwanda na Amasezerano Pursuant to Law nº 013/2023 of 30/03/2023 approving the ratification of the Extradition Agreement between the Republic of Rwanda and the Republic of Angola, signed in Kigali, Rwanda, on 15 April 2022; la Vu la Loi nº 013/2023 du 30/03/2023 l’Accord approuvant ratification de d’extradition entre la République du Rwanda et la République d’Angola, signé à Kigali, Rwanda, le 15 avril 2022 ; the Extradition Agreement Considering between the Republic of Rwanda and the Considérant l’Accord d’extradition entre la la République République du Rwanda et Official Gazette n° Special of 04/04/2023140 yashyiriweho ya Angola, Repubulika umukono i Kigali mu Rwanda, ku wa 15 Mata 2022; Republic of Angola, signed in Kigali, Rwanda, on 15 April 2022; d’Angola, signé à Kigali, Rwanda, le 15 avril 2022 ; Bisabwe na Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta; On proposal by the Minister of Justice and Attorney General; Sur proposition du Ministre de la Justice et Garde des Sceaux ; Inama y’Abaminisitiri imaze kubisuzuma no kubyemeza; After consideration and approval by the Cabinet meeting; Après examen et adoption par le Conseil des Ministres ; DUTEGETSE: DO ORDER: ARRÊTONS : Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Article 4 : Entrée en vigueur Iri teka ritangira gukurikizwa ku munsi Igazeti ya Leta ya ritangarijweho mu Repubulika y’u Rwanda. This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Le présent arrêté entre en vigueur le jour de sa publication au Journal Officiel de la République du Rwanda. Official Gazette n° Special of 04/04/2023142 Kigali, 31/03/2023 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr. NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika : Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr. UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 04/04/2023143 W’ITEKA RYA UMUGEREKA PEREZIDA Nº 018/01 RYO KU WA BURUNDU 31/03/2023 RYEMEZA AMASEZERANO YO KOHEREREZANYA ABAKURIKIRANYWEHO IBYAHA HAGATI YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA ANGOLA, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 15 MATA 2022 ANNEX TO PRESIDENTIAL ORDER Nº 018/01 OF 31/03/2023 RATIFYING THE EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, IN KIGALI, RWANDA, ON 15 APRIL 2022 SIGNED ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL Nº 018/01 DU 31/03/2023 RATIFIANT L’ACCORD D’EXTRADITION ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE D’ANGOLA, SIGNÉ À KIGALI, RWANDA, LE 15 AVRIL 2022 Official Gazette n° Special of 04/04/2023144 YO AMASEZERANO KOHEREREZANYA ABAKURIKIRANYWEHO IBYAHA HAGATI YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA ANGOLA, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 15 MATA 2022 EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF IN KIGALI, ANGOLA, RWANDA, ON 15 APRIL 2022 SIGNED ACCORD D’EXTRADITION ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE D’ANGOLA, SIGNÉ À KIGALI, RWANDA, LE 15 AVRIL 2022 Official Gazette n° Special of 04/04/2023145 { EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA I tl It q Official Gazette n° Special of 04/04/2023146 PREAMBLE The Republic ofRwanda and the Republic of Angola hereinafter referred to as the Parties; Recognizing the Principles of Equality of Sovereignty and Tenitorial Integ ty between the Parties; Desiring to spare more efforts at combatting criminal offenses occurring in the tenitory ofboth Parties; Observing the Principles of Respect for Sovereignty and Non-interference in the intemal affairs ofeach one, as well as respect for the norms of Intemational Law; Conscious ofthe need to undertake the widest Cooperation for the Extradition ofCriminals; HAYE AGRf,f,D as follows: Article 4 Refusal of Request for Extradition l. The Request for Extradition is refused if: a) The lndicted Person is national ofthe Requested State. Ifthe Extradition is refused only on the basis of the nationality of the Respondent, the Requested State shall, at the solicitation ofthe Requesting State, submit the case to the appropriate authorities- b) The crime for which Extradition is requested is considered by the Requested State to be a political crime or ofa political nature; c) It is based on politicat motives or facts that may lead to a sentence ofthe death penalty and, whenever it is established on the grounds that the extradited person may be subjected to torture, inhuman treatment, cruel treatment, or treatment that results in irreversible physical damage, in accordance with the Laws ofthe Requesting State; d) The Requested State has reason to believe that the request is intended to prosecute or punish a person on the gtounds of race, religion, nationality, ethnic origin, political opinion, sexual orientation, status, or that the person's position may be adversely affected by any ofthe afore-mentioned reasons; e) The Respondent has acquired immunity from criminal prosecution, according to the Laws ofthe Requesting State, due to the statutory commutation, amnesty or pardon; f) The request is based on a crime according to the military laws, and is not simultaneously a crime provided for in the common laws; g) The lndicted Person had finally been acquitted or condemned or even exempted from a subsequent criminal proceeding for the same offense for which the Extradition is requested; h) The request for Extradition is made by the Requesting state following a judgment made in absentia, and the Requesting State asserts that it does not guarantee to have the criminal procedure reopened after the Extradition. 2. The following circumstances shall not constitute a political crime, or crime ofa political nature: a) Facts constituting an offense under any multilateral agreement to which the Republic of Angola and the Republic of Rwanda are Parties, and are obliged to extradite the person or to refer the matter to the appropriate authorities for trial; b) Homicide, genocide, crimes against humanity, war crimes and serious offenses under the Geneva Conventions of 1949; c) Rape or sexual assault; d) Grievous bodily harm or serious damage to property; e) Abduction, hostage-taking, extortion, kidnapping or human traffrcking; It" il 4 Official Gazette n° Special of 04/04/2023149 it li r a * f) Tenorism, and crimes against life, physical integrity or freedom ofthe persons intemationally protected, including diplomatic agents; g) Felonious attempt against persons or property through the possession. use or manufacture of explosives, incendiary bombs, devices or substances causing serious bodily injury or property damage; h) Attempting or conspiring, aiding or abetting other persons to be involved or to be used for the specific purposes set forth in points b), c), d) e), f) and g) ofthis paragraph- - 5 Verify source ↗
Article 5
AI-assisted research summary: The Requested State may refuse extradition in several listed situations.
Article 5 Discretionary Refusal of Extradition Extradition may be refired: a) If the crime for which Extradition is requested is subject to the judsdiction of the Requested State and the krdicted Person is being, or will be prosecuted in that State; b) In exceptional cases, if the Requested State considers that extradition is incompatible with the necessary conditions to safeguard the human rights ofthe Respondent, because ofconcems due to age, health, or when circumstances run counter to issues ofthe same naturei c) If the crime corresponds to the death penalty as p€r the laws ofthe Requesting State, unless that State guarantees that the death penalty option will not be applied or, if applied, shall not b€ executed; d) If the Indicted Person is a minor under the laws of the Requested State, at the time of' the commission the crime, and the laws to be applied to that person in the Requesting State are not in consonance with the Law of the Requesting State, as well as not in consonance with the law of the Requested State, applicable to juvenile or minor offenders! e) If the Indicted Person has already been judged in a third State for the same facts that substantiate the request for Extradition and was found not guilty, or in the case of conviction, has fully completed the sentence; - 6 Verify source ↗
Article 6
AI-assisted research summary: Requests for extradition or temporary detention must be sent to the listed authority, and extradition requests must be written and sent through diplomatic channels.
Article 6 Filing of the Request I . Requests for Extradition or Temporary Detention shall be submitted to: a) In the case of the Republic of Angola, to the Oflice of the Attorney General; b) In the case of the Republic of Rwanda, to the Ministry of Justice. 5 fu^ Official Gazette n° Special of 04/04/2023150 { 2. The Request for Extradition shall be submitted in writing and transmitted through the Diplomatic channels. 3. The request for Temporary Detention shall be communicated in accordance with the provisions of the request for Extradition or through the reliance on the Intemational Criminal Police (INTERPOL), or even through other channels agreed to by the Parties. 4. In urgent cases and as a prior act of a formal request for extradition, the provisional detention ofthe person to be extradited may be requested. 5. The request indicates the existence ofthe arrest warrant or conviction against the indicted p€rson, contains a summary ofthe facts constituting the offence, indicating the time and place of its practice. and refers to the applicable legal provisions and data on the identity, nationality and location of the person. - 7 Verify source ↗
Article 7
AI-assisted research summary: Extradition requests must include specified documents and information; a judicial authority must certify that the facts are available for trial and sufficient to justify criminal proceedings.
Article 7 I)ocuments to be submitted I . In all cases, the request for Extradition shall include the following elements: a) Identity ofthe Respondent, with express reference to their nationality and whereabouts, ifknown; b) Copy of the indictment text with its legal qualification specifring the crime and the applicable penalty: cl Statement that describes the facts imputed to the Respondent indicating the place and rl ii. iii. date of the commission of the offense. That statement shall also state: i. If criminal proceedings or the application of any penalty are, or otherwise not, prevented by reason of proscription. The legal provisions that establish jurisdiction, ifthe crime has occurred outside of their territory; Ifthe legal provisions referred to in the request were in force both at the time of the commission of the crime and at the time of the request for Extradition- 2. If the request refers to a person against whom criminal proceedings are being conducted, in addition to the elements provided for in the previous paragraph, it shall also include: a) An original or authenticated copy of the arrest warrant, or document of equal value, issued by the Requesting State; b) A copy ofthe text relating to the indictment or other such document; c) In the case ofa request submitted by either Party, a statement containing information setting forth prima facie evidence of the commission of the crime in question. The 6 Ir Official Gazette n° Special of 04/04/2023151 judicial authority must certiry that the facts contained in the request are available to be presented at the trial and that it deems them sufficient under the laws ofthe Requesting State to justif, criminal proceedings. 3. Ifthe request seeks the execution ofajudgment, in addition to the elements provided for in paragraph I of this article, it shall also contain: a) An original statement by a judicial officer or prosecutor describing the act over which the Respondent was indicted, attaching a copy ofthe document recording the conviction and where applicable, the sentence ofthe person. b) A declaration by a judicial officer or prosecutor speciffing the portion of the sentence that remains to be fulfilled, in case a part of the sentence has already been completed. 4. Documents submitted in accordance with this Agrcement shall be in one of the official languages ofthe Requested State or accompanied by the appropriate translation. - 8 Verify source ↗
Article 8
AI-assisted research summary: If the Requesting State requires it, supporting documents must be authenticated by the competent authority in Angola or Rwanda, as applicable.
Article 8 Authentication of the Supporting Documents Ifthe laws ofthe Requesting State so require, the documents shall be authenticated: a) ln the case of the Republic of Angolg by the competent authorityi b) In the case ofthe Repubtic of Rwanda, by the competent authority- - 9 Verify source ↗
Article 9
AI-assisted research summary: The Requested State may ask for more information about an extradition request, usually within two months, and that period may be extended to four months for reasonable grounds.
Article 9 Additional Information 1. The Requested State may solicit that additional information be sent to back-up the Extradition Request, within a period of two (2) months, whenever it considers the information provided to be insufficient. 2. If the Requesting Stare does not submit the requested information within the established time-frame, it may be deemed that it has waived its request but that does not preclude it from submitting a new request for Extradition, for the same crime. 3. The term established in paragraph I may be extended to four (4) months for reasonable grounds invoked by the Requesting State. 7 fu Official Gazette n° Special of 04/04/2023152 o I - 50
AI-assisted research summary: The provision covers consent to extradition, delivery of seized assets, and limits on re-extradition to a third State.
Article l0 Consent 1. A person detained for the purpose of Extradition may declare in the Requested State that he or she consents to his or her surrender to the Requesting State and that he or she renounces the extradition process, after having been wamed that is entitled to this process. 2. The declaration is signed by the Extraditing Person and by his or her attomey or lawyer, following the further procedural terms provided for in the Legal Order ofthe Parties. Article l6 Delivery of Seized Assets The Requested State shall, in accordance with its domestic laws, and at the request ofthe Requesting State, seize property upon suspicion of it having been used in the commission of a crime. or which is required to serve as proof of the criminal offense over which the Extradition of the Respondent is sought, and these shall be delivered to the Requesting State at the time the Extradition is granted. tl tri [t^ lro ,( Official Gazette n° Special of 04/04/2023155 a 2. The assets referred to in the previous paragraph ofthis Article shall be sunendered even ifthe Extradition, having already been conceded is not effected due to the health, disappearance or escape ofthe Respondent. 3. In the event that the assets referred to in the preceding paragraphs of this Article are seized in the Requested State, as the result ofa pending criminal or civil proceeding, the Requested State may temporarily withhold such assets until completion of the proceeding, or surrenders the same on the condition that it is subsequently retumed. Article l8 Re-extradition to a third State I . Ifthe Respondent has been surrendered to the Requesting State, that State shall not extradite them to a third State for a crime committed before their being surrendered, except when: a) The Requested State so agrees; b) The Respondent, having had the opportunity to leave the Requesting State, did not do so within thirty (30) days offinal discharge. However, this period shall not include the time in which. for reasons beyond their control. the Respondent was prevented from leaving the territory ofthe Requesting State; c) The Respondent has voluntarily retumed to the Requesting State, after departing from it. 2. The Requested State may solicit from the Requesting State, the authorization or the required necessary documents granted by the third State, in respect ofany consent sought pursuant to paragraph I (a) ofthis Article. - 100 Verify source ↗
Article 100
AI-assisted research summary: In an emergency, the Requesting State’s authorities may ask in writing for the Respondent’s temporary detention, and the Requested State must inform the Requesting State of the measures taken.
Article ll Temporary Detention l. In an emergency situation, the Appropriate Authorities of the Requesting State may, in writing, request the Temporary Detention ofthe Respondent. 2. The request for Temporary Detention shall include: a) The name ofthe requesting authority; b) Information about the Respondent including name, gender, nationality, occupation and whereabouts, and any other information that may help identifo and pursue the same; c) A declaration that the request for Extradition shall subsequently be submiued; d) A description of the offense and the applicable penalty, with a brief summary of the facts. including the date and place ofthe commission ofthe crime; e) A declaration certirying to the existence ofan arrest warrant or a criminal proceeding to which this Agreement applies, as well as a summary of the alleged facts. 0 Any other information that mayjustiry the Temporary Detention in the Requested State- 3. The Requested State shall immediately inform the Requesting State ofthe measures taken, following the Temporary Detention. 4. The execution of a request for Temporary Detention shall be done in accordance with the laws ofthe Requested State. 5. The Temporary Detention shall be terminated ifthe Requested State has not received the documents referred to in Article 7, in the manner prescribed in Article 6, within forty-five days (45) after the arrest. 8 a^ Official Gazette n° Special of 04/04/2023153 6. The Requested State may, in accordance with its Domestic Laws, extend the period for receipt ofthe above-mentioned documents 7. The forty-five (45) day moratorium and any extension shall not preclude any further arrest and Extradition, should a subsequent request for Extradition be received. 8. The Requested State may grant bail to the Respondent at any time, ifconditions exist that guarantee that the person will not abscond the Country. - 12 Verify source ↗
Article 12
AI-assisted research summary: If two or more States request extradition of the same person, the Requested State must decide which request will be served and notify the other States.
Article 12 Concurrent Requests Ifrequests are received from two or more States for the Extradition ofthe same person, whether for the same crime or for different crimes, the Requested State shall determine which of the requests shall be served and notiry the other States of its decision. - 13 Verify source ↗
Article 13
AI-assisted research summary: The Requested State must handle extradition requests under its laws, notify the Requesting State of its decision immediately, and give reasons for any full or partial refusal.
Article 13 Decision and Notification l. The Requested State shall treat the request for Extradition in accordance with the procedures laid down in its laws and shall immediately notiry of its decision to the Requesting State. 2. Any complete or partial refusal ofthe request for Extradition shall be substantiated. - 14 Verify source ↗
Article 14
AI-assisted research summary: After extradition is conceded, the parties must set the delivery details, the Requesting State must receive the respondent on time, and the Requested State must release the respondent if custody is not taken in time.
Article 14 Delivery l. The Extradition being conceded, the Parties shall agree on the deadline, venue, and other relevant matters related to the delivery ofthe Respondent. 2. The Requesting State shall receive the Respondent within the agreed period. 3. Ifthe Respondent is not taken into custody by the Requesting State within that time fiame, the Requested State shall immediately release the Respondent. 4. The Parties shall agree on a new delivery date, and the provisions of paragraph 2 of this Article shall be applied. It" lr l1 Official Gazette n° Special of 04/04/2023154 5. If circumstances beyond their control impede one of the Parties from surrendering or receiving the Respondenq it shall notifu the other Party. 6. At the time ofdelivery, the Requested State shall inform the Requesting State ofthe period during which the Respondent had been placed under its custody. - 15 Verify source ↗
Article 15
AI-assisted research summary: Article 15 lets the Requested State delay delivery of the Respondent in some cases and requires notice to the Requesting State.
Article 15 Deferred or Conditional Delivery If a criminal proceeding is pending or there is a conviction to be served against the Respondent in the Requested State, for an oflense other than that for which the Extradition is requested. the Requested State may defer delivery until the procedure is concluded, or there is complete or partial compliance ofthe imposed sentence. 2. The Requested State shall inform the Requesting State ofthe postponement ofthe delivery 3. Without prejudice to its domestic law, if the situation warrants possible extradition, the Requested State may detain the Respondent temporarily in order to enable the performance of procedural acts in the Requesting State, in accordance with the conditions to be determined between the Parties. 4. The Respondent shall be held in custody in the Requesting State and shall be retumed to the Requested State upon completion ofthe indictment proceedings against them. 5. The Respondent who has been acquitted in the Requested State, following a temporary surrender. shall be delivered to the Requesting State to comply with the imposed sentence. in accordance with the provisions of this Agreement. - 17 Verify source ↗
Article 17
AI-assisted research summary: An extradited person generally cannot be prosecuted, judged, detained, or otherwise have freedom restricted for earlier crimes, except in listed cases.
Article 17 Special Instances Rule l. A person who is extradited shall not be prosecuted, judged or detained for any crime committed prior to delivery, other than that lor which the Respondent was extradited, nor their freedom restricted for any reason, except in the following cases: a) When the Requested State consents; b) Where the Respondent, having had an opportunity to leave the Requesting State, did not do so within thirty (30) days after final discharge, or has voluntarily retumed to that State after previously [eaving it; c) Where the Extradited person consents before a Competent Judicial Authority in the requesting state. 2. The Request for the consent ofthe Requested State shall be accompanied by the documents refened to in Article 7, as well as the recording ofany statement made by the Extradited person relative to the offense in question. 3. If the charge over which the Respondent was extradited is subsequently amended, that person may be prosecuted or tried, provided that the offense, as described in its amended state, is: a) Based on the same substantial facts contained in the Request for Extradition and in the respective supporting documents; b) Punishable with the maximum penalty, or one immediately following, and with a penal frame similar to the crime for which the Respondent was extradited; c) Substantially punishable to the extent ofthe original offense, in nature. Q.', 11 Official Gazette n° Special of 04/04/2023156 - 19 Verify source ↗
Article 19
AI-assisted research summary: Transit of an extradited person through a Party’s territory must be granted when the other Party makes a written request.
Article 19 Transit l The Transit of an Extradited person through the territory of one of the Parties shall be granted at the written request ofthe other Party. tt 2. The Request for transit shall comply with the following: a) It may be done by any written means; b) It shall contain the information referred to in Article 1l (2), the beneficiaries of the transit authorization, and their final destination. 3. No transit authorization shall be required in the case of over flight, and no landing is scheduled in the transit State. 4. In case of an unscheduled landing, the State being transited shall request the transit authorization referred to in paragraph I of this Article. 5. The State being transited shall maintain in custody the Respondent-in-transit until it receives the Request and then the transit can be affected, provided that the request is received within twenty-four (24) hours after the unscheduled landing. t2 t,, Official Gazette n° Special of 04/04/2023157 - 20 Verify source ↗
Article 20
AI-assisted research summary: The Requested State pays the costs of extradition proceedings and related detention and asset-seizure expenses in its territory; the Requesting State pays transportation costs for the extradited person and seized assets in the Requesting State.
Article 20 Charges l. The Requested State shall take all steps and assume the charges of any proceedings resulting from a Request for Extradition. 2. The Requested State shall bear all expenses within its tenitory, in regards to the Respondent and their Temporary Detention, until the delivery to the Requested State, as well as charges related to the se izure of assets referred to in Article 16. 3. The Requesting State shatt bear all charges arising from the transportation ofthe Extradited person. and ofany assets seized in the Requesting State. - 2l Verify source ↗
Article 2l
AI-assisted research summary: The Requesting State must promptly notify the Requested State about the outcome of the criminal proceedings, enforcement of the sentence, or extradition to a third State.
Article 2l Notification of Outcome The Requesting State shall promptly notifu the Requested State ofthe outcome ofthe criminal proceedings, or of the enforcement of the s€ntence against the Extradited person, or the Extradition ofthat Respondent to a third State. - 22 Verify source ↗
Article 22
AI-assisted research summary: The designated Central Authorities, or persons designated by them, may consult each other directly or through Interpol for individual proceedings and for implementing the Agreement efficiently.
Article 22 Consultations The Central Authorities designated in Article 6 ofthis Agreement, orthe persons so desigrated by them, may consult each other directly or through Interpol's facilities in connection with individual proceedings, and for the efficient implementation of this Agreement. - 23 Verify source ↗
Article 23
AI-assisted research summary: Disputes about interpreting or applying the Agreement must be settled amicably through consultation and negotiation via diplomatic channels.
Article 23 Settlement of Disputes Any dispute arising out of the interpretation or application of this Agreement shall be settled amicably through consultation and negotiation by way of diplomatic channels. - 24 Verify source ↗
Article 24
AI-assisted research summary: Either Party may initiate an amendment to the Agreement, and adopted amendments take effect under Article 26 procedures.
Article 24 Amendments lr 1. This A$eement may be amended at the initiative of either Party. It^ 13 Official Gazette n° Special of 04/04/2023158 ri 2. The adopted amendments shall enter into force in accordance with the procedures laid down in Article 26 of this Agreement. - 25 Verify source ↗
Article 25
AI-assisted research summary: This provision says the present Agreement does not affect acquired rights or obligations under other Agreements.
Article 25 Compatibility with other Agreements The present Ageement shall not affect any acquired rights or obligations. assumed by the Parties under other Agreements. - 26 Verify source ↗
Article 26
AI-assisted research summary: This article sets when the Agreement starts, how long it lasts, how it can be renewed, and how either Party can end it.
Article 26 Final Provisions I . This Agreement shall enter into force on the date of receipt of the last written notification, through diplomatic channels, to inform ofthe completion ofthe intemal procedures by the Parties. 2. The present Agreement shatl apply to requests made after its entry into force, even if the relevant offences committed or sentences imposed occurred prior to that date' subject to the provisions ofarticle 4 ofthis Agreement. 3. This Agreement shall be valid for a period of five (5) years and may be renewed automatically for equal and successive periods. 4. The Parties may, by means ofa written notification through diplomatic channels, terminate this Agreement at any time. 5. Termination will take effect six months after the date on which the other Party is notified' but does not affect extradition requests received before its expiry. IN WITNESS WHEREOF, the representatives, duly authorized by their respective Governments, have signed this Agreement. tq 7- Official Gazette n° Special of 04/04/2023159 Done in Kigali, on this l5tb day of April2022, in two (2) originals in the Portuguese and English tanguages, both texts being equally authentic. FOR THE REPUBLIC OF RWANDA FOR THE PUBLIC ANGOLA M UGIRASHEBUJA Emmanuel Minister of Justice/Attorney General Francisco Manuel Monteiro de Queiroz Minister of Justice and Human Rights I 15 It Official Gazette n° Special of 04/04/2023160 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida nº 018/01 ryo ku wa 31/03/2023 ryemeza burundu Amasezerano kohererezanya yo ibyaha hagati ya abakurikiranyweho Repubulika y’u Rwanda na Repubulika ya Angola, yashyiriweho umukono i Kigali mu Rwanda, ku wa 15 Mata 2022 of 31/03/2023 Seen to be annexed to Presidential Order nº the 018/01 ratifying Extradition Agreement between the Republic of Rwanda and the Republic of Angola, signed in Kigali, Rwanda, on 15 April 2022 Vu pour être annexé à l’Arrêté Présidentiel nº 018/01 du 31/03/2023 ratifiant l’Accord d’extradition entre la République du Rwanda et la République d’Angola, signé à Kigali, Rwanda, le 15 avril 2022 Official Gazette n° Special of 04/04/2023161 Kigali, 31/03/2023 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr. NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika : Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr. UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 04/04/2023162
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EXTRADITION AGREEMENT BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
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