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142 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“8. Subject to the provisions <strong>of</strong> its domestic law and its extradition treaties,the requested State Party may, upon being satisfied that the circumstances so warrantand are urgent, and at the request <strong>of</strong> the requesting Party, take a person whose extraditionis sought and who is present in its territory into custody or take other appropriatemeasures to ensure his presence at extradition proceedings.“9. The State Party in the territory <strong>of</strong> which the <strong>of</strong>fender or the alleged <strong>of</strong>fenderis found, if, solely on the basis <strong>of</strong> the nationality <strong>of</strong> the person sought, it does notextradite that person, shall be obliged, upon request <strong>of</strong> the State Party seeking extradition,in cases where article(s) [...] applies, whether or not the <strong>of</strong>fence was committedin its territory, to submit the case without delay to its competent authorities forthe purpose <strong>of</strong> prosecution, through proceedings in accordance with the laws <strong>of</strong> thatState. Those authorities shall take their decision in the same manner as in the case <strong>of</strong>any other <strong>of</strong>fence <strong>of</strong> a grave nature under the law <strong>of</strong> that State.“10. If extradition, sought for purposes <strong>of</strong> enforcing a sentence, is refusedbecause the person sought is a national <strong>of</strong> the requested State Party, the requestedParty shall, if its law so permits and in conformity with the requirement <strong>of</strong> such law,upon application <strong>of</strong> the requesting Party, consider the enforcement <strong>of</strong> the sentence thathas been imposed under the law <strong>of</strong> the requesting Party or the remainder there<strong>of</strong>.“11. Any person regarding whom proceedings are being carried out in connectionwith any <strong>of</strong> the <strong>of</strong>fences set forth in article(s) [...] shall be guaranteed fair treatmentat all stages <strong>of</strong> the proceedings, including enjoyment <strong>of</strong> all the rights andguarantees provided by the law <strong>of</strong> the State in the territory <strong>of</strong> which that person ispresent.“12. States Parties shall seek to conclude bilateral and multilateral agreementsto carry out or to enhance the effectiveness <strong>of</strong> extradition.“13. States Parties may consider entering into bilateral or multilateral agreements,either ad hoc or general, on the transfer to their country <strong>of</strong> persons sentencedto imprisonment and other forms <strong>of</strong> deprivation <strong>of</strong> liberty for <strong>of</strong>fences to which <strong>this</strong>article applies, in order that they may complete their sentences there.“14. With respect to the <strong>of</strong>fences as defined in article(s) [...] <strong>of</strong> <strong>this</strong> Convention,the provisions <strong>of</strong> all extradition treaties and arrangements applicable between StatesParties are modified as between States Parties to the extent necessary to give effectto the provisions <strong>of</strong> <strong>this</strong> Convention.”Rolling text (A/AC.254/4)“Article 10“Extradition“1. This article shall apply to the <strong>of</strong>fences established by the States Parties inaccordance with article(s) [...] [alternatively: to an <strong>of</strong>fence covered by <strong>this</strong>Convention].“2. Each <strong>of</strong> the <strong>of</strong>fences to which <strong>this</strong> article applies shall be deemed to beincluded as an extraditable <strong>of</strong>fence in any extradition treaty existing between States

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