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Part One. Article 16 149“8. Subject to the provisions of 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 of 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 or her presence at extradition proceedings.“9. (a) The State Party in the territory of which the offender or the allegedoffender is found shall, in cases where this Convention applies, if it does not extraditethat person [for the purpose of prosecution], 11 be obliged, upon request of theState Party seeking extradition, whether or not the offence was committed in its territory,to submit the case without undue delay to its competent authorities for thepurpose of prosecution, [subject to the condition of double criminality,] through proceedingsin accordance with the laws of that State. 12 Those authorities shall take theirdecision in the same manner as in the case of any other offence of a grave natureunder the law of that State; 13“(b) Whenever a State Party is permitted under its domestic law to extradite orotherwise surrender one of its nationals only upon the condition that the person willbe returned to that State to serve the sentence imposed as a result of the trial or proceedingsfor which the extradition or surrender of the person was sought, and thisState and the State seeking the extradition of the person agree with this option andother terms that they may deem appropriate, such a conditional extradition or surrendershall be sufficient to discharge the obligation set forth in subparagraph (a).“10. If extradition, sought for purposes of enforcing a sentence, is refusedbecause the person sought is a national of the requested State Party, the requestedParty shall, if its law so permits 14 and in conformity with the requirement of suchlaw, upon application of the requesting Party, consider the enforcement of the sentencethat has been imposed under the law of the requesting Party or the remainderthereof.“11. Any person regarding whom proceedings are being carried out in connectionwith any of the offences covered by this Convention shall be guaranteed fairtreatment at all stages of the proceedings, including enjoyment of all the rights andguarantees provided by the law of the State in the territory of which that person ispresent.“12. States Parties shall seek to conclude bilateral and multilateral agreementsto carry out or to enhance the effectiveness of extradition. 15“13. States Parties may consider entering into bilateral or multilateral agreements,either ad hoc or general, on the transfer to their country of persons sentencedto imprisonment or other forms of deprivation of liberty for offences to which thisarticle applies, in order that they may complete their sentences there.11One delegation noted that the element of refusal of extradition solely on the basis of the nationality of the allegedoffender should be retained.12Several delegations were of the view that the principle of aut dedere aut judicare should also be applicable in casesof refusal of extradition because of the existence of the death penalty in the requesting State.13One delegation proposed the deletion of the last sentence of this paragraph.14One delegation noted that this paragraph required clarification as to what procedure should be followed if the lawdid not regulate the matter.15One delegation suggested that this issue was already covered by paragraphs 3 and 4 and therefore proposed the deletionof this paragraph.