TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022
The article ratifies the Rwanda–Zimbabwe extradition treaty and says each party must extradite wanted persons on request, subject to the treaty.
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The article ratifies the Rwanda–Zimbabwe extradition treaty and says each party must extradite wanted persons on request, subject to the treaty. 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. The Order says it was drafted in English and lists mandatory grounds for refusing extradition. This Order takes effect on the day it is published in Rwanda’s Official Gazette. An extradition request must be made in writing, sent through diplomatic channels, and supported by specified identity, offence, conviction, and translation documents.
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Provisions of TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022
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- 1 Verify source ↗
Kwemeza burundu
AI-assisted research summary: The article ratifies the Rwanda–Zimbabwe extradition treaty and says each party must extradite wanted persons on request, subject to the treaty.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Amasezerano hagati ya Repubulika y’u Rwanda na Repubulika ya Zimbabwe yo kohererezanya yashyiriweho abakurikiranyweho umukono i Harare muri Zimbabwe, ku wa 29 Nyakanga 2022, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. ibyaha, The Treaty between the Republic of Rwanda and the Republic of Zimbabwe on extradition, signed at Harare, Zimbabwe, on 29 July 2022, annexed to this Order, is ratified and becomes fully effective. Le Traité entre la République du Rwanda et la République du Zimbabwe sur l’extradition, signé à Harare, Zimbabwe, le 29 juillet 2022, annexé au présent arrêté, est ratifié et sort son plein et entier effet. Article 1 Obligation to extradite Each Party agrees to extradite to the other upon request and subject to the provisions ofthe present Treaty, any person who is wanted in the Requesting Party for prosecution for an extraditable offence or for imposition or enforcement of a sentence in respect of such an offence. - 2 Verify source ↗
Abayobozi bashinzwe gushyira
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 n’Ubutwererane w’Ububanyi bashinzwe gushyira mu bikorwa iri teka. n’Amahanga The Prime Minister, the Minister of Justice and Attorney General and the Minister of Foreign International Cooperation are Affairs and 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. Article 2 Extraditable offences l. For purposes of this Treaty, extraditable offences are offences at the time of request are punishable under the laws of the Parties by imprisonment or other deprivation of liberty for a period of at least one ( I ) year or by a more severe penalty. Where the request for extradition relates to a person who 2 QJ4 Official Gazette n° Special of 16/05/202363 is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition shall be granted only if a period of at least six (6) months of such sentence remains to be served. 2. In determining whether an offence is an offence punishable under the laws of the Parties, it shall not matter whether: (a) The laws of the Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; (b) Under the laws of the Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the Requesting Party shall be taken into account; and (c) If the request for extradition includes several separate offences each of which is punishable under the laws of the Parties, but some of which do not fulfil the other conditions set out under paragraph I of the present Article, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one extraditable offence. l. Extradition shall not be granted in any of the following circumstances: - 3 Verify source ↗
Ingingo y’ururimi
AI-assisted research summary: The Order says it was drafted in English and lists mandatory grounds for refusing extradition.
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. Official Gazette n° Special of 16/05/202357 Article 3 Mandatory grounds for refusal a) If the offence for which extradition is requested is regarded by the Requested Party as an offence of a political nature; b) If the Requested Party has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on the account of that person' s race, rel i gion, national ity, ethn ic ity; c) If the offence for which extradition is requested is an offence under military law, which is not also an offence under ordinary criminal law; d) If there has been a final judgment rendered against the person in the Requested Party in respect of the offence for which the extradition is requested for; 3 AfuLA Official Gazette n° Special of 16/05/202364 e) Ifthe person whose extradition is requested has, under the law of either Party, become immune from prosecution or punishment for any reason, including lapse of time or amnesty; f) If the person whose extradition is requested has been or would be subjected in the Requesting Party to torture or cruel, inhuman or degrading treatment or punishment or if that person has not received or would not receive the minimum guarantees in criminal proceedings, as contained in the International Covenant on Civil and Political Rights, Article l4; and g) If the judgment of the Requesting Party has been rendered in absentia, if the convicted person has not had valid notice of the trial or the opportunity to arange for his defence and he has not had or will not have the opportunity to have the case retried in his or her presence. - 4 Verify source ↗
Gutangira gukurikizwa
AI-assisted research summary: This Order takes effect on the day 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 16/05/202355 HAGATI ITEKA RYA PEREZIDA Nº 026/01 RYO KU WA 12/05/2023 RYEMEZA BURUNDU AMASEZERANO YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA ZIMBABWE YO KOHEREREZANYA ABAKURIKIRANYWEHO IBYAHA, YASHYIRIWEHO UMUKONO I HARARE MURI 29 NYAKANGA 2022 ZIMBABWE, KU WA PRESIDENTIAL ORDER Nº 026/01 OF 12/05/2023 RATIFYING THE TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022 ARRÊTÉ PRÉSIDENTIEL N° 026/01 DU 12/05/2023 RATIFIANT LE TRAITÉ ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU ZIMBABWE SUR L’EXTRADITION, SIGNÉ À HARARE, ZIMBABWE, LE 29 JUILLET 2022 Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République; Dushingiye ku Itegeko Nshinga rya 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 ; ryemera kwemeza Dushingiye ku Itegeko nº 023/2023 ryo ku wa 26/04/2023 burundu Amasezerano hagati ya Repubulika y’u Rwanda na Repubulika ya Zimbabwe yo kohererezanya abakurikiranyweho yashyiriweho umukono i Harare muri Zimbabwe, ku wa 29 Nyakanga 2022; ibyaha, Pursuant to Law n° 023/2023 of 26/04/2023 approving the ratification of the Treaty between the Republic of Rwanda and the Republic of Zimbabwe on extradition, signed at Harare, Zimbabwe, on 29 July 2022; Vu la Loi n° 023/2023 du 26/04/2023 approuvant la ratification du Traité entre la République du Rwanda et la République du Zimbabwe sur l’extradition, signé à Harare, Zimbabwe, le 29 juillet 2022; Tumaze kubona Amasezerano hagati ya Repubulika y’u Rwanda na Repubulika ya Zimbabwe yo kohererezanya abakurikiranyweho Considering the Treaty between the Republic of Rwanda and the Republic of Zimbabwe on extradition, signed at Harare, Zimbabwe, on 29 July 2022; Considérant le Traité entre la République du Rwanda et la République du Zimbabwe sur l’extradition, signé à Harare, Zimbabwe, le 29 juillet 2022; Official Gazette n° Special of 16/05/202356 ibyaha, yashyiriweho umukono i Harare muri Zimbabwe, ku wa 29 Nyakanga 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 teka Iri ritangira gukurikizwa ku munsi ritangarijweho mu Igazeti ya Leta ya 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 16/05/202358 Kigali, 12/05/2023 (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 16/05/202359 YA REPUBULIKA UMUGEREKA W’ITEKA RYA PEREZIDA Nº 026/01 RYO KU WA 12/05/2023 RYEMEZA BURUNDU AMASEZERANO Y’U HAGATI RWANDA NA REPUBULIKA YA ZIMBABWE YO KOHEREREZANYA IBYAHA, ABAKURIKIRANYWEHO YASHYIRIWEHO UMUKONO I HARARE MURI ZIMBABWE, KU WA 29 NYAKANGA 2022 ANNEX TO PRESIDENTIAL ORDER Nº 026/01 OF 12/05/2023 RATIFYING THE TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022 ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL Nº 026/01 DU 12/05/2023 RATIFIANT LE TRAITÉ ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU ZIMBABWE L’EXTRADITION, SIGNÉ À HARARE, ZIMBABWE, LE 29 JUILLET 2022 SUR Official Gazette n° Special of 16/05/202360 HAGATI YA AMASEZERANO REPUBULIKA Y’U RWANDA NA REPUBULIKA YA ZIMBABWE YO KOHEREREZANYA IBYAHA, ABAKURIKIRANYWEHO YASHYIRIWEHO UMUKONO I HARARE MURI ZIMBABWE, KU WA 29 NYAKANGA 2022 TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022 TRAITÉ ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU ZIMBABWE L’EXTRADITION, SIGNÉ À HARARE, ZIMBABWE, LE 29 JUILLET 2022 SUR Official Gazette n° Special of 16/05/202361 f-\ TREATY Between THE REPUBLIC OF RWANDA And THE REPUBLIC OF ZIMBABWE ON EXTRADITION 1 {/,4 '1. Official Gazette n° Special of 16/05/202362 PREAMBLE WHEREAS the Republic of Rwanda and the Republic of Zimbabwe; (hereinafterjointly referred to as'the Parties" and in singular as "the Party"); DESIROUS to strengthen the ties of friendship, peace, and security, and promote development between their countries and people; CONCERNED that criminality exacerbated by impunity fosters a climate of insecurity among nations; EAGER to establish between the Parties a co-operation mechanism with respect to investigations, prosecutions, and the exchange of information and documents, with a view to trying persons involved in every kind of criminal conduct censured by their respective countries; AWARE of the advantages that will result from such cooperation in the area of extradition and mutual judicial assistance; DESIROUS of providing for more effective cooperation between the Parties in the suppression of crime, and, for that purpose, to conclude a treaty for the extradition of offenders; NOW THEREFORE, the Parties have agreed as follows: Article 4 Optional grounds for refusal Extradition may be refused in any of the following circumstances: a) If the person whose extradition is requested is a national of the Requested Party. Where extradition is refused under this ground, the Requested Party shall, if the other Party requests, submit the case to its competent authorities with views to taking the appropriate actions against the person in respect of the offence for which extradition had been requested. The Requesting Party shall be informed of the results of the request; b) If the competent authorities of the Requested Party have decided either to institute or to terminate proceedings against the person for the offence in respect of which extradition is requested; c) If a prosecution in respect of the offence for which extradition is requested is pending in the Requested Party against the person whose extradition is requested; d) If the offence for which extradition is requested carries the death penalty under the laws of the Requesting Party, while the death penalty is not provided for by the laws of the Requested Party in respect of such crimes, unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be imposed that it will not be carried out; 4 bW Official Gazette n° Special of 16/05/202365 e) If the offence for which extradition is requested has been committed outside the territory of either Party and the law of the Requested Party does not provide for jurisdiction over such an offence committed outside its territory in comparable circumstances; D If the offence for which extradition is requested is regarded under the law of the Requested Party as having been committed in whole or in part within that State. Where extradition is refused on this ground, the Requested Party shall, if the othei State so requests, submit the case to its competent authorities with a view to taking appropriate action against the person for the offence for which extradition had been requested. The Requesting Party shall be informed of the result of the request; and g) If the person whose extradition is requested has been sentenced or would be liable to be tried or sentenced in the Requesting Party by an extraordinary or ad hoc court or tribunal; or h) If the Requested Party while also taking into account the nature of the offence and the interests of the Requesting Party, considers that in the circumstances of the case, the extradition of that person would be incompatible with humanitarian considerations, in view of age, health or other circumstances of that person. - 5 Verify source ↗
Article 5
AI-assisted research summary: An extradition request must be made in writing, sent through diplomatic channels, and supported by specified identity, offence, conviction, and translation documents.
Article 5 Channels of communication and required documents I A request for extradition shall be made in writing. The request, supporting documents and subsequent communication shall be transmitted through diplomatic channels. 2. A request for extradition shall be accompanied in all cases, by the following: a) As accurate a description as possible of the person sought, together with any other information that may help to establish that person's identity, nationality and location; b) The text of the relevant provision of the law creating the offence or where necessary, a statement of law relevant to the oflence and statement of the penalty that may be imposed for the offence; w 5 Official Gazette n° Special of 16/05/202366 3. If the person is accused of an offence,by awarrant of arrest issued by a Court other competent judicial authority for the arrest of the person or a certified copy of that warrant shall provide, a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the alleged offence, including an indication of the time and place of its commlsslon. 4. If the person has been convicted of an offence, by a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the offence and by the original or certified copy of the judgement or any other document setting out the conviction and the sentence imposed, the fact that the sentence is enforceable, and the extent to which the sentence remains to be served. 5. If the person has been convicted of his or her absence before a regular court, in addition to the documents set out in Article 5, by a statement as to the legal means available to the person to prepare his or her defence or to have the case retried in his or her presence. 6. If the person has been convicted of an offence but no sentence has been imposed, by a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the offence and by a document setting out the conviction and a statement affirming that there is an intention to impose a sentence. 7 - The documents submifted in support of the request for extradition shall be accompanied by a translation into the language of the Requested Party or in another language acceptable to that State. - 6 Verify source ↗
Article 6
AI-assisted research summary: Each Party must appoint a Central Authority for extradition requests, and the Central Authorities must deal directly with cases and implementation procedures.
Article 6 Central Authorities For purposes of this Treaty, each Party shall designate a Central Authority to deal with requests for extradition. The Central Authority for the Republic of Zimbabwe shall be the National Prosecuting Authority of the Republic of Zimbabwe. The Central Authority of the Republic of Rwanda shall be the National Public Prosecution Authority. The Central Authorities shall communicate directly on the specific cases and on executing and improving prL 6 Official Gazette n° Special of 16/05/202367 procedures of the implementation of this Treaty. The Parties shall immediately notify each other, in writing through diplomatic channels in case of any changes of their Central Authorities. - 7 Verify source ↗
Article 7
AI-assisted research summary: The Requested Party may grant extradition without using the Treaty’s normal procedures if it has received a request for provisional arrest and the person sought explicitly consents before a competent authority.
Article 7 Simplified extradition procedure The Requested Party, may grant extradition without going through procedures provided in this Treaty, after receipt of a request for provisional arrest, provided that the person sought explicitly consents before a competent authority. - 8 Verify source ↗
Article 8
AI-assisted research summary: Extradition requests and supporting documents generally do not need certification or authentication, except where this Treaty provides otherwise.
Article 8 Certification and authentication. Except as provided by this Treaty, a request for extradition and the documents in support thereof, as well as documents or other material supplied in response to such a request, shall not require certifi cation or authentication. - 9 Verify source ↗
Article 9
AI-assisted research summary: If the requested Party thinks extradition-supporting information is insufficient, it may ask for more information, and that information is to be furnished within 30 days of the request.
Article 9 Additional information If the requested Party considers that the information provided in support of a request for extradition is not sufficient, it may request that additional information be furnished within thirty (30) days from the day of receipt of such request. - 10 Verify source ↗
Article 10
AI-assisted research summary: In urgent cases, the requesting party may seek provisional arrest of the person sought. The requested party must decide quickly, and several time limits apply for release, surrender, removal, and notice if delays are caused by circumstances beyond control.
Article 10 Provisional arrest I In case of urgency the Requesting Party may apply for the provisional amest of the person sought pending the presentation of the request for extradition. The application shall be transmitted by means of the facilities of the International Criminal Police Organisation or diplomatic channels. 2. The application shall contain a description of the person sought, a statement that extradition is to be requested, a statement of the existence of one of the documents mentioned in Article 5 of this Treaty, authorisingthe apprehension of the person, a statement of the punishment that may be or has been imposed for the offence, including the time left to be served and a 7 &k Official Gazette n° Special of 16/05/202368 concise statement of the facts of the case, and a statement of the location, where known, of the person. J The requested Party shall decide on the application and communicate its decision to the Requesting Party without delaY. 4. The person arrested upon such an application shall be set at liberty upon the expiration of forty (40) days from the date of arrest if the request for extradition, supported by the relevant documents specified in paragraph 2 of Article 5 of this Treaty, has not been received or if the request made does not provide all necessary documents. This paragraph does not preclude the possibility of conditional release of the person prior to the expiration of the forty (40) days. 5 The release of the person pursuant to paragraph 4 of this Article shall not prevent re-arrest and institution of proceedings with a view to extraditing the person sought if the request and supporting documents are subsequently received. I 2 I D""i.i*:flil'."0,*, The Requested Party shall deal with the request for extradition and shall promptly communicate its decision to the Requesting Party within fourteen (14) days of receipt of the request. Reasons shall be given for any complete or partial refusal of the request. ,u,."nf"T:lil3 person Upon being informed that extradition has been granted, the Parties shall without undue delay, arrange for the surrender of the person sought and the Requested Party shall inform the Requesting Party of the length oftime for which the person sought was detained with a view to surrender. {k 8 Official Gazette n° Special of 16/05/202369 2. The person shall be removed from the territory of the Requested Party within thirty (30) days from the date of surrender and, if the person is not removed within that period, the Requested Party may release the person and may refuse to extradite that person for the same offence. J If circumstances beyond its control prevent a Party llom surrendering or removing the person to be extradited, it shall notify the other Party. The Parties shall mutually decide upon a new date of surrender, and the provisions of paragraph2 of this Article shallapply. - 13 Verify source ↗
Article 13
AI-assisted research summary: The Requested Party may postpone surrendering a person sought, or temporarily surrender that person instead, and must inform the Requesting Party when surrender is postponed.
Article 13 Postponement or Conditional Surrender I The Requested Party may, after making its decision on the request for extradition, postpone the surrender ofa person sought, in order to proceed against that person, or ifthat person has already been convicted, in order to enforce a sentence imposed for an offence other than that for which extradition is sought. In such a case, the Requested Party shall advice the requesting Party accordingly. 2 The Requested Party may, instead of postponing temporarily surrender the person sought to the Requesting Party in accordance with conditions to be determined between the Parties. - 14 Verify source ↗
Article 14
AI-assisted research summary: Property found in the Requested Party may be surrendered to the Requesting Party in extradition cases, and may later have to be returned free of charge in some cases.
Article 14 Surrender of property To the extent permitted under the laws of the Requested Party and subject to the rights of third parties, which shall be duly respected, all property found in the Requested Party that has been acquired as a result of the offence or that may be required as evidence shall, if the Requesting Party so requests, be surrendered if extradition is granted. The said property may, if the Requesting Party so requests, be surrendered to the Requesting Party even if the extradition agreed to cannot be carried out. Where the law of the requested Party or the protection of the right of the rights of third Parties so require, any property so surrendered shall be returned to the Requested Party free of charge after the completion of the proceedings, if that Party so requests. 2 J 9 $ Official Gazette n° Special of 16/05/202370 - 15 Verify source ↗
Article 15
AI-assisted research summary: An extradited person generally cannot be prosecuted, sentenced, detained, re-extradited, or otherwise have liberty restricted in the Requesting Party for pre-surrender offences, except for the extradition offence or another offence the Requested Party consents to.
Article 15 Rule of specialty A person extradited under the Treaty shall not be proceeded against, sentenced, detained, re-extradited to a third Party, or subjected to any other restriction of personal liberty in the territory of the Requesting Party for any offence committed before surrender other than: a) an offence for which extradition was granted; b) any other offence in respect of which Requested Party consents. Consent shall be given if the offence for which it is requested is itself subject to extradition in accordance with this Treaty. 2. A request for consent of the Requested Party under the present Article shall be accompanied by the documents mentioned in paragraph 2 of Article 5 of the present Treaty and a legal record of any statement made by the extradited person with respect to the offence. 3. Paragraph I of this Article shall not apply if the person has had an opportunity to leave the Requesting Party and has not done so within forty-five (45) days of final discharge in respect of the offence for which that person was extradited or if the person has voluntarily returned to the territory of the Requesting Party after leaving it. - 16 Verify source ↗
Article 16
AI-assisted research summary: This article sets rules for transit extradition requests, including how the requested party must handle them and when a person may be held in custody during transit.
Article 16 Transit l Where a person is to be extradited to a Party from a third State through the territory of the other Party, the Party to which the person is to be extradited shall request the other Party is scheduled. 2. Upon receipt of such a request, which shall contain relevant information, the Requested Party shall deal with this request pursuant to procedures provided by its own law. The Requested Party shall grant the request expeditiously unless its essential interests would be prejudiced thereby. u!" 10 Official Gazette n° Special of 16/05/202371 J The Party of transit shall ensure that legal provisions exist that would enable detaining the person in custody during transit. 4. In the event of an unscheduled landing, the Party to be requested to permit transit may, at the request of the escorting officer, hold the person in custody for forty-eight (48) hours, pending receipt of the transit request to be made in accordance with paragraph I of the present Article. - 17 Verify source ↗
Article 17
AI-assisted research summary: When extradition requests arrive from both the Party and a third State, the Requested Party decides which State the person will be extradited to, and must consider relevant factors.
Article 17 Concurrent requests If a Party receives requests for extradition for the person from both the Party and a third State, it shall, at its discretion, determine to which of those States the person is to be extradited. 2. In determining to which State a person is to be extradited, the Requested Party shall consider all relevant factors, including inter alia the following: c) citizenship and the primary place of residence of the person sought; d) whether the request was made pursuant to any treaties; e) time and place where each crime was committed; f) respective interest of the Requesting Party; g) gravity of crimes; h) citizenship of victims; i) possibility of further extradition to the third State; and j) dates of receipt of the requests - 18 Verify source ↗
Article 18
AI-assisted research summary: This Treaty must not conflict with other regional or international treaties and protocols that Rwanda and Zimbabwe are parties to.
Article 18 Conformity Conformity this Treaty shall not be in conflict with other Regional and International Treaties and Protocols to which the Republic of Zimbabwe and the Republic of Rwanda are parties to. 11 kvL Official Gazette n° Special of 16/05/202372 - 19 Verify source ↗
Article 19
AI-assisted research summary: The Requested Party must pay extradition-related proceedings costs in its jurisdiction and certain costs in its territory; the Requesting Party must pay transport and transit costs for the person sought.
Article 19 Costs l. The Requested Party shall meet the costs of any proceedings in its jurisdiction arising out of a request for extradition. 2. The Requested Party shall also bear the costs incurred in its territory in connection with the seizure and handing over of property, or the arrest and detention of the person whose extradition is sought. 3. The Requesting Party shall bear the costs incurred in conveying the person from the territory of the Requested Party, including transit costs. 4. In case the costs connected with seizure and transfer of property, have extreme character, the Central Authorities of the Parties shall hold consultations for the purpose of their distribution. - 20 Verify source ↗
Article 20
AI-assisted research summary: Each Party must protect personal data received under the Treaty and must not send it to a third State unless the other Party gives prior written permission.
Article 20 Protection of Personal Data Each Party guarantees protection of personal data received under this Treaty and shall not transmit it to a third State without priot written permission of the other Party. - 21 Verify source ↗
Article 21
AI-assisted research summary: The Parties must hold consultations when either Party asks, and they may amend the Treaty by mutual consent.
Article 21 Consultations The Parties shall hold consultations at the request of either Party, concerning the interpretation and application of this Treaty. Article22 Amendment(s) This Treaty may be amended at any time by mutual consent of the Parties, and the amendment(s) shall enter into force following the procedure specified in Article 24 of this Treaty. - 23 Verify source ↗
Article 23
AI-assisted research summary: If force majeure occurs, neither party is liable for resulting problems and costs, and the affected party must give written notice within 15 days.
Article 23 Force Majeure 1. In the event of the occurrence of an event of force majeure which shall include, but not limited to the following; riots, floods, acts of God, natural disasters and wars neither Party shall be held liable l'il* 12 Official Gazette n° Special of 16/05/202373 or accountable for the problems and costs arising from the failure to fulfil its obligations under this Treaty. 2. In the event that the force majeure subsists for a period of six (6) months, the provisions of this Treaty shall be temporarily suspended until such time as the event of force majeure subsides. The Party experiencing an event of force majeure shall give written notice to the Party within fifteen days ofsuch an occurrence. - 24 Verify source ↗
Article 24
AI-assisted research summary: This article says the treaty must be ratified, accepted, or approved, enters into force 30 days after the instruments are exchanged, applies to later requests even if earlier acts or omissions are involved, and may be denounced by either party on written notice.
Article 24 Final provisions I The present Treaty is subject to ratification, acceptance or approval. The instrument of ratification, approval or acceptance shall be exchanged as soon as possible. 2 The present Treaty shall enter into force on the thirtieth (30th) day after the day on which the instruments of ratification, acceptance or approval are exchanged. J 4 The present Treaty shall apply to requests made after its entry into force, even if relevant acts or omissions occurred prior to that date. Either Party may denounce the present Treaty by giving notice in writing to the other Party. Such denunciation shall take effect six (6) months following the date on which such notice is received by the other Party. IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respect Governments, have signed this Treaty. DONE at..!*a-Caf,.(... onthis ......&5*......4uy of July 2l22,in two originals in the English language. U/Jk" 13 Official Gazette n° Special of 16/05/202374 FOR AND ON BEHALF REPUBLIC OF RU/ANDA OF THE FOR AND ON BEHALF OF THE REPUBLIC OF ZIMBABWE P & DR. VINCENT BIRUTA Hon. I(AZEMBE KILZE,MBE MINISTER MINISTRY OF FOREIGN AFF'AIRS AND INTERNATIONAL COOPE.RATION MINISTER MINISTRY OF HOME AFFAIRS AND CULTURAL HERITAGE 1.4 Official Gazette n° Special of 16/05/202375 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida nº 026/01 ryo ku wa 12/05/2023 ryemeza burundu Amasezerano hagati ya Repubulika y’u Rwanda na Repubulika ya Zimbabwe yo kohererezanya abakurikiranyweho ibyaha, yashyiriweho umukono i Harare muri Zimbabwe, ku wa 29 Nyakanga 2022 Seen to be annexed to Presidential Order nº 026/01 of 12/05/2023 ratifying the Treaty between the Republic of Rwanda and the Republic of Zimbabwe on extradition, signed at Harare, Zimbabwe, on 29 July 2022 Vu pour être annexé à l’Arrêté Présidentiel nº 026/01 du 12/05/2023 ratifiant le Traité entre la République du Rwanda et la République du Zimbabwe sur l’extradition, signé à Harare, Zimbabwe, le 29 juillet 2022 Official Gazette n° Special of 16/05/202376 Kigali, 12/05/2023 (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 16/05/202377
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TREATY BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ZIMBABWE ON EXTRADITION, SIGNED AT HARARE, ZIMBABWE, ON 29 JULY 2022
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