Section 113: Extradition

(1) A crime under this Act shall be deemed to be an extraditable crime under the provisions of the Extradition Act. (2) Extradition under this Act shall be carried out if the crime for which extradition is sought is punishable under the laws of both Uganda and the requesting State. (3) Where the request for extradition includes several separate crimes, some of which qualify under subsection (2) and some of which do not, Uganda may apply this section also in respect to the latter crimes. (4) Each of the crimes to which this section applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between the requesting State and Uganda. (5) Extradition shall be subject to the conditions provided for by the laws of Uganda or by applicable extradition treaties, including, inter alia conditions in relation to the minimum penalty requirement for extradition, and the grounds upon which Uganda may refuse extradition. (6) Extradition shall not be granted where- (a) there are substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinions, sex or status, or that that person's position may be prejudiced for any of those reasons; (b) a final judgment has been rendered in Uganda in respect of the crime for which extradition is requested; (c) the person whose extradition is requested has, under the legislation of either State, become immune from prosecution or punishment for any reason, including lapse of time or amnesty; (d) the person whose extradition is requested has been or would be subjected in the requesting State 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 article 14 of the International Convention on Civil and Political Rights; (e) the judgment of the requesting state has been rendered in absentia, the convicted person has not had sufficient notice of the trial or the opportunity to arrange for his or her defence and has not had or will not have the opportunity to have the case retried in his or her presence; (f) a prosecution in respect of the crime for which extradition is requested is pending in Uganda against the person whose extradition is requested; (g) the crime for which extradition is requested has been committed outside the territory of either State and the laws of Uganda do not provide for jurisdiction over crimes committed outside its territory in comparable circumstances; (h) the person whose extradition is requested has been sentenced or would be liable to be tried or sentenced in the requesting State by an extraordinary or ad hoc court or tribunal; (i) the extradition of the person in question would be incompatible with humanitarian considerations in view of the age, health or other personal circumstances of that person; or (j) the crime for which extradition is requested is regarded under the laws of Uganda as having been committed in whole or in part within its territory; (7) If Uganda refuses extradition on the grounds stated in subsection (6), it shall, at the request of the requesting State, refer the case without undue delay to its competent authorities in order that proceedings may be instituted against the person concerned in respect of the crime, which gave rise to the request. (8) Subject to the laws of Uganda and to the rights of third parties, all property found in Uganda that has been acquired as a result of the crime committed or that may be required as evidence shall, if the requesting State so requests, be surrendered to the requesting State if extradition is granted. (9) Subject to the laws of Uganda and its extradition treaties, upon satisfying the court that the circumstances so warrant and are urgent and at the request of the requesting State, an authorised officer may take a person whose extradition is sought and who is present in Uganda into custody or take other appropriate measures to ensure his or her presence at extradition proceedings. (10) Any person regarding whom proceedings are being carried out in connection with any of the crimes to which this section applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the laws of Uganda.