Decree of 10 June 1983, laying down new settling on extradition and other forms of international legal assistance in criminal matters (extradition Decree) (S.B. 1983 No. 52).

CHAPTER 1 General provisions

Article 1

In this Decree, the following definitions shall apply:

a. the Minister: the Minister in charge of judicial affairs;

b. extradition: removal of a person from Suriname, with the aim of him available to foreign authorities for the benefit of either a criminal investigation against him, either the execution of a sentence or criminal measures;

c. Treaty: the binding agreement for Suriname with a Mogenheid or other foreign organization under international law;

d. alien: anyone who not Suriname within the meaning of the law on nationality and residency and not on the basis of other legislation such as Suriname is treated;

e. unclaimed person: the person whose extradition has been requested by a foreign power;

f. requesting State: Power of which the request for extradition is based.

CHAPTER II CONDITIONS FOR EXTRADITION

Article 2

1. Extradition shall not then under a treaty.

2. Suriname citizens are not extradited.

Article 3

1. Extradition may only be allowed for:

a. a set by authorities of the requesting State criminal investigation in respect of the presumption that the person claimed she has been guilty of a fact for which, under the law of both the requesting State as to that of Suriname, a term of imprisonment of one year or longer may be imposed;

(b). the execution of a term of imprisonment of four months, or of longer duration, by the person to undergo because of a fact as claimed (a).

2. for the purposes of the preceding paragraph, a Surinamese law offence to include a fact which has been infringed upon on the legal order of the requesting State, while under the Surinamese law a similar infringement of the Surinamese legal order is punishable.

3. If, in the case referred to in paragraph (b), the sentence of deprivation of liberty by default has occurred, the extradition can be granted only if the person claimed has been the opportunity or sufficiently still will be done to his defense.

Article 4

For the purposes of article 3 shall be treated as:

a. with custodial sentences: by the Court in addition to or instead of a penalty measures to deprivation of liberty;

b. with custodial sentences of longer duration than one year; custodial sentences – including measures referred to in point (a) – for the duration of life or for an unlimited period.

Article 5

If the law of the requesting State, the death penalty is made on the fact for which the extradition is requested, the person claimed not extradited, unless in the opinion of the Minister is sufficient to ensure that that penalty, so a conviction to this end should follow, not implementation will be placed.

Article 6

1. Extradition of unclaimed persons is not allowed for a fact for which:

a. at the time of the decision on the application to extradite a criminal procedure against him going on in Suriname;

b. He is prosecuted in Suriname, if renewed persecution is excluded on the basis of article 235, paragraphs 1 and 2 of the code of criminal procedure;

c. he at res judicata of the Surinamese judge acquitted or released from legal proceedings, or in its relation to a corresponding final decision by another judge was taken;

d. he at Court res judicata, in cases where:

1. the sentence or measure is already undergoing, or

2. which sentence or measure is not for immediate implementation or further enforceable, or;

3. the final judgment comes from the Surinamese judge and not to the Convention a such case the power to extradition is reserved;

e. to Surinamese right because of statute of limitations no prosecution, or so the extradition is requested for the purpose of the implementation of a punishment or measure, no more punishment can take place.

2. The provisions of the previous paragraph, introductory wording and points (a), there is the exception in cases where the Minister at his decision to order the prosecution to cease extradition also.

3. The provisions of the previous paragraph, introductory wording and points (a), there is the exception in cases where the prosecution in Suriname is discontinued, either because the Surinamese Penal Code on the basis of articles 2 – 8 of the criminal code not applicable turned out to be, either because to trial abroad prefer was given.

Article 7

1. Extradition will not be allowed in cases where, in the opinion of the Minister, there are reasonable grounds for believing that the request for acceptance of the person claimed will be prosecuted, punished or otherwise deal with his religious or political beliefs, nationality, race or the Group of the population to which he belongs.

2. Extradition will not be allowed in cases where, in the opinion of the Minister the consequences for the person of particular hardness would be claimed in connection with Service youthful age, high old age or poor health.

Article 8

1. Extradition is not allowed for offences of a political nature, including appropriate facts.

2. The attack against life or the freedom of a head of State is not considered an offence of a political nature within the meaning of the provisions laid down in the previous paragraph.

3. Military offences that are not also General crimes to Surinamese criminal law, and tax offences may not give rise to extradition, unless otherwise expressly provided by treaty.

Article 9

1. Extradition is not allowed under the general clause, that the person claimed all with the express permission of the Minister will be prosecuted, punished, or in any way restricted in his personal freedom, in respect of facts that before the time of his extradition have been committed and for which he is not extradited.

2. The Minister may give the permission referred to in the previous paragraph regarding:

a. criminal offences for which the person claimed, under the applicable treaty, to the State of which the request for permission is assumed could be extradited;

b. other facts, as far as this both to the law of the State of which the request for permission is assumed as to that of Suriname and the possibility of extradition are not punishable under articles 5 – 8 of this Decree is excluded.

3. Extradition is also not allowed under the general clause, that the unclaimed person only with express consent of the Minister will be made available by the authorities of a third State in respect of facts which have been committed before the time of his extradition. The consent may be given in respect of criminal offences for which the person claimed by Suriname could be extradited to a third State. l

4. the decision of the Minister on a request for permission referred to in the first and the third member shall be communicated to the State from whom this request is assumed to be brought through diplomatic channels, unless by treaty in another way.

5. As far as this with Treaty provides is the permission referred to in the first and third member not required, if the person claimed, after the time of his extradition for a period of at least 30 days they had the opportunity the territory of the State by whom the request for permission is assumed. 3

CHAPTER III PROCEDURE OF EXTRADITION

Article 10

1. where a treaty so provides, may, in the cases described in the following paragraph – at the request of the competent authority of another State be ordered the provisional detention of a foreigner in Suriname standing, if reasonable grounds exist for the expectation that short term because of his reputation in that State for granting extradition request susceptible will be done.

2. The provisional detention may be ordered when she is invited to:

a. in connection with a criminal investigation in respect of the presumption that the alien has been guilty of a fact in which to Surinamese law pre-trial detention is possible;

b. with a view to the enforcement of a custodial sentence or a measure referred to in article 3, paragraph 1 (a);

c. in cases other than those covered by (a) and (b), if the alien no fixed living and places in Suriname.

3. If reasonable grounds exist for the expectation that with regard to an alien who by the captain of an aircraft after landing in Suriname on the basis of article 9 paragraph 1 of the Convention on offences and certain other acts on aircraft (Trb. 1964 No. 115) has been transferred, or suspected on board the aircraft with which he arrived in Suriname is an act referred to in article 11 paragraph 1 of the present Convention having committed in the short term because of a paragraph in article 13 of the Treaty States a request for provisional arrest susceptible for acceptance will be done, the provisional arrest of those alien are ordered, they already called alsware.

Article 11

1. any prosecution officer or auxiliary Prosecutor is authorized the provisional detention of a foreign national in accordance with article 10.


2. The alien is after his provisional arrest within twenty-four hours led for the prosecution officer or auxiliary Prosecutor who ordered the provisional detention.

3. After having heard the stranger, the prosecution official or auxiliary Prosecutor recommended that eight and forty hours, counting from the time of the provisional detention, in insurance will continue to be made. The auxiliary officer of his command possible in writing to the prosecution official.

4. The term of detention can be done by the prosecution officer once with eight and forty hours be extended. 4

5. The alien can at all times by the prosecution official be released. As long as the term of detention has not yet been extended, this power partly to help the officer who gave the order to provisional arrest.

Article 12

1. The court-appointed receiver in charge of the treatment of criminal cases, at the request of the prosecution official custody of the alien who has been made in accordance with article 11 in insurance recommended.

2. before issuing an order under the preceding paragraph, hear the judge, if possible, the stranger.

Article 13

1. A stranger whose custody has been ordered, in accordance with article 12 – subject to the possibility of further detention other – released: a. once by the District Court, the judge or the prosecution official, of its own motion or at the request of the alien or his counsel, trespass;

b. once the period has expired, according to the relevant treaty, within which the provisional arrest must be followed by a request for extradition, and such a request is not done by now;

c. once the detention has lasted twenty days. 2. In cases provided for in article 10 is applied, the third member in the previous paragraph (b) and (c) periods, referred to at the end of which the alien is to be provided in freedom, with four days may.

Article 14

Of any decision, taken under one of the provisions of articles 10 to 13 shall be immediately notified to the Minister.

CHAPTER IV TREATMENT OF THE REQUEST FOR EXTRADITION

Article 15

1. A request for extradition can only be considered, if it meets the requirements set out in the following paragraphs of this article.

2. the request must be in writing, either by diplomatic means or – as far as the applicable treaty so provides – directly by sending to the Minister.

3. the application must be accompanied by:

a. the original or an authentic copy either one, enforceable against the person pointed out unclaimed criminal judgment, either from a by the competent authority of the requesting State given order for arrest or 5 of a piece that has the same legal force, put up in the form prescribed by the law of that State and relating to the offences for which extradition is requested;

b. a statement of facts for which the extradition is requested, with as accurate as possible an indication of the time and place in which they have been committed;

c. the text of the applicable legal rules or, as far as unwritten law is applicable for the evaluation of the request, a sufficient statement of the content of that right;

d. the information necessary for establishing the identity of the person and in the event of possible doubt on this subject claimed – of his nationality.

Article 16

If the documents produced in the opinion of the Minister do not meet the requirements defined in article 15, or for further requirements in the applicable treaty, he offers the authorities of the requesting State an opportunity to supplement or improve, within a reasonable period set by him.

Article 17

1. unless the Minister already immediately considers that the request for extradition must be rejected, it shall inform the request with the corresponding pieces – to the extent necessary after opportunity to provided to supplement or improve in accordance with article 16 – in the hands of the prosecution officer within whose jurisdiction the unclaimed person is located.

2. When a request for provisional arrest is preceded, the pieces – with deviation to the extent required, the provisions of the preceding paragraphs of this article – sent to the prosecution official who related to that request has been already involved in the case.

Article 18

1. The prosecution official who the request for extradition received may arrest the person claimed.

2. the unclaimed person whose arrest has been ordered in accordance with the previous paragraph, within twenty-four hours after his arrest for the prosecution officer or, in his absence, for an auxiliary prosecutor led. After questioning by an auxiliary officer is the person arrested as soon as possible, for the prosecution officer.

3. After having heard the person claimed, the prosecution official recommended that this made in insurance will continue until the District Court over his detention decided.

4. An order for police custody may, at any time, both by the Court of first instance and by the prosecution official, of its own motion or at the request of the person or his counsel claimed, be lifted. 6

Article 19

1. When the person claimed, on the day the prosecution officer receives the request for extradition, required under article 11, article 12 is in insurance or in custody, detention – by way of derogation from article 11, third and fourth paragraph, article 12, introductory wording and point (c) – on the orders of the prosecution officer be continued until such time as the Court of first instance on the detention decided.

2. Of his command referred to in the previous paragraph gives the prosecution officer forthwith to the court-appointed receiver who has ordered the detention under article 12.

Article 20

1. not later than on the third day following that on which he has received the request for extradition, the prosecution official in writing, that the district judge will take the request. He explains the pieces to the district judge.

2. A copy of the claim is required under the preceding paragraph to the unclaimed person meant. It is communication of facts for which his extradition is requested, with an indication of the times and places in which they have been committed, as with the request for extradition, as well as of the State making the request.

3. after the pieces have been submitted to the district judge, should the notification thereof to the person and his counsel not claimed will be remembered. The provisions and in accordance with article 26 of the code of criminal procedure shall apply mutatis mutandis.

Article 21

1. Immediately after the receipt of the claim referred to in article 20 determines the district judge, as much as possible, as a matter of priority, the time at which the person claimed by the district judge will be heard. He can in his establishment.

2. The Registrar of the District Court concerned shall immediately inform the prosecution officer and to the communication of the unclaimed person for trial some time. That communication – as well as, so an order to fellow establishment is given, a copy of the command – is on the unclaimed person meant.

3. If not remains that the unclaimed person already has a counsel, the Court of first instance ex officio a counsel him.

Article 22

1. The hearing of the person claimed shall be carried out in public, unless it is a treatment of the matter in camera requires, or the Court of first instance in the minutes of the session, if there are important to mention, reasons closure of doors recommends. 7

2. The hearing will take place in the presence of the prosecution official.

3. can the person claimed at his trial by counsel assistance.

4. Is the person claimed not published then welded the district judge at a time determined by him under his subpoena, if necessary, enclosing a command to completion.

Article 23

1. The Court of first instance examines the identity of the person claimed, as well as the admissibility of the request for extradition and the possibility of acceptance thereof.

2. The prosecution officer and the person and his counsel be unclaimed at the hearing by the Court of first instance an opportunity to make relevant comments on the request for extradition and to take decisions in connection therewith.

3. Claims to be the person that he immediately claimed can prove not to be guilty of the offences for which his extradition is requested, the district judge shall examine that claim.

4. If the Court of first instance with a view to it by him under the first or third paragraph of this article investigation deems necessary, he welded – if necessary, enclose an order to fellow establishment – at a time determined by him the subpoena or written summons of witnesses or experts.

Article 24

1. At the request of the prosecution official can the district judge hearing the imprisonment of the unclaimed person recommended.

2. Before the investigation is concluded at the hearing, the Court of first instance of its own motion concerning the detention of the person in custody or in insurance so this unclaimed.

Article 25


1. as soon as possible after the conclusion of the investigation at the hearing, the Court of first instance ruling on the request for extradition. The statement is reasoned.

2. The District Court either by the requesting State that the documents produced do not meet the requirements defined in article 15 or for further requirements stated in the relevant treaty, or that the request for extradition is not indicated either that the person claimed there can be no presumption of guilt to the facts for which his extradition is requested , then he explains in his statement the extradition inadmissible. 8

3. In cases other than those referred to in the previous paragraph, the district judge in his statement the extradition is permissible, this with mention of the applicable law and provisions of the Treaty, as well as whether the offences for which extradition can be granted.

4. The extradition declared permissible notwithstanding an assertion of the person claimed in accordance with article 23 (3), then mentions the ruling which the Court of first instance in this respect.

Article 26

Articles 29 – 31, 36 – 39a, 40 first member 254, 255, 258, 259, first paragraph, first and second paragraph 266, 268, 273, first and second paragraph – 294, 304 – 315 331, 332, 341 and first and third member, 349 – find 352 of the code of criminal procedure shall apply mutatis mutandis. In so far as such provisions relate to the accused, are they apply mutatis mutandis to the unclaimed person.

Article 27

1. The judgment of the Court of first instance is to the unclaimed person who, in the reading thereof not present, meant. Him is given notice of the appeal against the ruling that open, and of the period within which that remedy can be used.

2. The District Court shall forward to the Minister forthwith a certified copy of his statement. If the extradition has been declared admissible, he does the copy be accompanied by its opinion regarding the request for extradition.

Article 28

1. Against the decision of the Sub-District Court can both by the prosecution official as unclaimed by the person appeal to the Court of Justice. 2. articles 379 and 380-385, paragraph 1, of the code of criminal procedure find shall apply mutatis mutandis.

3. Statements in which a waiver of the right of appeal to the Court of Justice shall be, or where that job is revoked, the Registrar of the District Court concerned forthwith to the Minister.

4. If the decision of the Court of first instance is destroyed in whole or in part, does the Court of Justice when the district judge should do.

5. the Court of Justice shall send without delay to the Minister a certified copy of its judgement. 9

Article 29

As soon as the Court ruling on the extradition request has become final, shall forward to the Registrar of the Court that the case is dealt with, this last request with the corresponding pieces back to the Minister.

CHAPTER V DECISION ON THE REQUEST FOR EXTRADITION

Article 30

1. after the Minister has received the documents in accordance with article 29, he decides on the request for extradition as soon as possible.

2. As far as the extradition is inadmissible in court has stated, is to request dismissive.

3. Is the extradition only because of ongenoegzaamheid of the documents produced declared inadmissible, then the Minister may hold his decision. The same applies, if the extradition is permissible, but the Minister considers necessary for a responsible decision for its further pieces.

4. In the event of detention of his decision the Minister provides the authorities of the requesting State opportunity to, within a set reasonable period, detailed pieces by him.

5. Are the requested detailed documents are not submitted within the prescribed period, then the Minister dismissive on the request for extradition.

6. the decision of the Minister on a request for extradition shall be communicated to the requesting State through diplomatic channels, unless by Treaty brought another road is provided.

Article 31

1. When the Minister within the time limit, he can receive further pieces the......... file the case again send it to the prosecution official who has dealt with the request for extradition. Then find the articles 20 – 23, 25 – 29 and 30 paragraphs 1 and 2, again apply. 2. As far as the detailed pieces that it is necessary the extradition by the Court of first instance declared admissible.

Article 32

If two or more States have requested the extradition of the same person, the Minister at the decision on their requests – as far as this admissible and for acceptance are susceptible – take into account the interests of the proper administration of Justice and in particular with:

a. the varying severity of the various facts for which the extradition is requested; 10

(b) the place or places where the facts are committed;

c. when the requests for extradition;

(d) the nationality of the person claimed;

(e) the possibility that the person claimed, after moving to the territory of one of the requesting States is removed, then by the authorities of that State is made available to the authorities of the other requesting State.

Article 33

By its decision on the request for extradition, as well as the arrest in accordance with article 30, paragraph 3, gives the Minister forthwith to the prosecution official who handled the request.

CHAPTER VI CONTINUED DETENTION AND REMOVAL FROM SURINAME

Article 34

1. detention is ordered pursuant to article 24 – subject to the possibility of further detention legislation – ended, once:

a. by the district judge or by the prosecution official, of its own motion or at the request of the detainee or his counsel or by the Court of Justice in its decision on a job is ordered;

b. they lasted 30 days, unless the district judge in the meantime, at the request of the prosecuting officer, this term has been extended.

2. The prosecution officer ordered the termination of detention in each case as soon as he became aware of a decision to refuse benefits taken by the Minister on the request for extradition.

Article 35

1. extension of the period referred to in article 34 (b), for not more than thirty days can come to pass.

2. The Court of first instance decided not have a claim for extension until the inmate is heard.

3. extension can only be made in cases in which:

a. the Court ruling on the request for extradition yet, or less than 30 days in advance, has the force of res judicata;

b. the Minister its decision in accordance with article 30 paragraph 3, has held;

c. the extradition has been requested by a non-Member State Commission, and the Minister is not yet on the request of that State;

d. the extradition by now is allowed, but still has not been able to take place.

Article 36-11

1. After total or partial acceptance of the request for extradition, the person claimed as soon as possible at the disposal of the authorities of the requesting State asked this on a by the Minister, after consultation with the authorities, determine time and place.

2. The decision on the time and place of the extradition can be adhered to, if and as long as the person claimed against a criminal prosecution in Suriname going on or a criminal judgment against him by a Surinamese judge pointed out still enforceable, in whole or in part.

3. In cases provided for in the preceding paragraph, the Minister may, if he is present eight terms, provide that the person claimed, for his trial in the territory of the requesting State, already immediately available to the authorities of that State for the time being.

4. Taste the person claimed, in respect of whom the previous paragraph is applied, a custodial sentence, then comes the time during which he made available to the authorities of the requesting State, reduce his sentence time.

Article 37

1. where necessary for the application of article 36, first or third member, is necessary, the person claimed on the orders of the officer held for that purpose by the Minister recommended prosecution.

2. is the person not claimed by the Minister on the particular time and place taken over by the competent foreign authorities, he can, after the time and place of his extradition method, if necessary, in accordance with the previous paragraph.

3. a detention order, exclusively based on an order for detention under paragraph 1 or 2 of this article, it takes in no case longer than eight and forty hours.

CHAPTER VII SIMPLIFIED EXTRADITION PROCEDURE

Article 38

1. e stranger whose provisional detention or extradition because of another State is requested, may, not later than the day preceding that which is determined in accordance with article 21 for his questioning by the district judge – declare that it agrees to immediate extradition.

2. to the extent otherwise provided in the Treaty, in accordance with the previous paragraph, a statement can only be made before the court-appointed receiver in charge of the treatment of criminal cases.


3. The alien may at moving the Declaration, be assisted by counsel. This will, as he appears without counsel, are highlighted by the authority entitled to receipt of the statement. 12

4. Before the Declaration, the stranger alerted on possible consequences. Of the statement.

5. the authority to whom the statement is made, shall send the minutes to the prosecution official who under this Decree at the request for provisional arrest or the request for extradition is concerned.

Article 39

1. after a statement is made in accordance with article 38, the prosecution officer decide that the alien will be made available by the authorities of the State of which the request for provisional arrest or extradition, the request is assumed.

2. The preceding paragraph shall not apply:

a. If for the fact or facts, in connection with which the provisional arrest or extradition is requested as a result of the provisions of articles 2 and 6 no extradition can be allowed;

b. If it is found that a criminal prosecution against the alien in Suriname's going on, or that against him by a Surinamese judge a still enforceable criminal judgment in whole or in part.

3. any decision taken under the first paragraph of this article, the prosecution officer forthwith to the Minister.

Article 40

1. If the prosecution officer has decided in accordance with article 39, that the foreign national will be made available by the authorities of the other State, continues to apply article 20.

2. the claim referred to in article 20 Is already at the Court of first ingdiend, it will be withdrawn without delay. The Registrar of the District Court shall in that case concerned the request for extradition, with the corresponding pieces, again in the hands of the prosecution official.

3. the withdrawal of the claim gives the prosecution officer knowledge to the unclaimed person.

Article 41

1. After the day on which he gave testimony referred to in article 38, the alien is still only for a period not exceeding twenty days in custody or remain in insurance made.

2. The preceding paragraph shall not apply if the prosecution officer has decided that no result will be given to the statement and the request for extradition with the corresponding pieces, in accordance with article 20 paragraph 1 has been submitted to the District Court. 13

3. the period laid down in paragraph 1 of this article may at the request of the prosecution official, by the district judge be extended. Article 35, paragraphs 1 and 2 shall apply mutatis mutandis.

4. Renewal can take place only when the extradition by special circumstances not within the time limit of twenty days.

Article 42

1. In case of application of article 39, paragraph 1, defines the prosecution officer, after consultation with the competent foreign authorities, shall, without delay, the time and the place at which the extradition will take place.

2. The prosecution officer, may, if necessary, with a view to extradition under the provisions of this chapter, the arrest of the alien. Article 37 paragraphs 2 and 3, shall apply mutatis mutandis.

3. In the event of extradition under the provisions of this chapter, article 9 does not apply.

CHAPTER VIII OTHER FORMS OF LEGAL ASSISTANCE

Article 43

1. Objects, found in the possession of the person whose extradition or provisional arrest pursuant to a treaty is sought, may, at the request of the competent foreign authorities be confiscated. The seizure shall be carried out by or by order of the prosecution official, responsible for giving an order to arrest or provisional arrest.

2. the claim referred to in article 20 shall submit the prosecution officer a list of the seized objects to the district judge for.

Article 44

1. The Court of first instance decided at its ruling on a request for extradition also about the issue, or the return of the seized objects. Issuance of those objects to the authorities of the requesting State can only be ordered in case of acceptance of the request for extradition.

2. With a view to possible rights of third parties, the Court of first instance in respect of certain objects, decide that issue to the authorities of the requesting State may be carried out only under the circumstances, that those objects will be returned immediately after the criminal procedure necessary for the use thereof will be made.

3. the provisions in and under articles 107 and 102 – 406 – 464 of the code of criminal procedure shall apply mutatis mutandis. Instead of the competent court according to those provisions, the Court of first instance to which the article 20 paragraph 1, of this Decree is addressed or referred to claim – so that might not be is done – the District Court within whose jurisdiction the objects seized. 14

4. In the case of extradition in accordance with the provisions of Chapter VII decided the prosecution official about the issue, or the restitution of seized objects, subject to the jurisdiction of District Court under the previous paragraph.

Article 45

1. Aliens who, ten hoeve of a criminal investigation, or enforcement of a criminal judgment, by the authorities of a foreign State at the disposal of the authorities of another State can, with the permission of the Minister on Surinamese territory.

2. permission for land transport is not given then under a treaty.

3. The consent of the Minister is not required for air transportation that do not involve a landing on Surinamese territory.

4. In the event of an unforeseen landing on Surinamese area can the foreigner, at the request of the foreign officials accompanying him are held under a provisional command of the prosecuting officer or auxiliary Prosecutor. Article 11 shall apply mutatis mutandis.

5. The transport of the provisional detained alien may be continued as soon as the Minister will consent to do so. Is the permission after expiration of the term of detention not yet granted or denied within that period, then the alien released immediately, subject to the possibility of further detention other.

Article 46

The authorization required under article 45 is not given in cases where a request for extradition, as the is concerned, this request should be rejected on the basis of the provisions of articles 5 – 7.

Article 47

1. to the extent not otherwise provided in the Treaty is at land transport, in accordance with article 45, the monitoring of the alien dedicated to Surinamese officials.

2. where as a result of special circumstances not possible transport by Suriname to continue without interruption, the stranger, while waiting for an appropriate opportunity to transport to elsewhere, if necessary, be included in a House of detention, on presentation of a piece which shows of the authorisation granted by the Minister for transport.

Article 48

1. In cases where this to a Convention is provided, the Minister may allow persons who are deprived of their liberty by law in Suriname, temporarily be made available to the authorities of another State to make a statement as 15 witness, or for confrontation, for the benefit of a set in the territory of that State criminal investigation.

2. As far as the Treaty does not provide otherwise, the assent of the temporarily available to persons required.

3. The Minister is not the temporary provision if the criminal investigation relates to offences for which, pursuant to article 6 or article 7 no extradition is possible.

4. the person concerned Undergoes in Suriname a custodial sentence, then comes the time during which he made available to the authorities of the other State, inmindering on his sentence time.

CHAPTER IX FINAL PROVISIONS

Article 49

Under this Decree given warrants detention or custody, or for the extension of a term of detention, be dated and signed. The soil of the issue is in the order listed. To the foreigner on whom the command shall be presented without delay a copy thereof.

Article 50

1. The orders detention pursuant to this Decree, are readily achievable.

2. Be responsible for the implementation of bench warrants, provisional detention or imprisonment are in article 134 of the code of criminal procedure mentioned officials.

3. The implementation of detention and the burden to recommend articles 492-496 of the code of criminal procedure shall apply.

Article 51

Foreign nationals who are in detention or under this Decree in insurance or whose imprisonment or detention is ordered, be treated as suspects under the code of criminal procedure are subject to a corresponding measure.

Article 52


If a stranger is deprived of his liberty – in accordance with this Decree other than from power of a warrant to arrest or provisional arrest or detention or to extend the term thereof – is him, so he has no counsel, ex officio a counsel added by the Sub-District Court judge. 16 the prosecution officer gives the district judge must take place without delay, that addition.

Article 53

1. In cases where pursuant to this decree a decision on detention of a foreigner can or should be taken, that detention can be ordered that is conditionally suspended or suspended. The conditions may only stretch to prevent flight.

2. pursuant to the preceding paragraph On commands given by the district judge, or by the court-appointed receiver, articles 70 – with the exception of the second paragraph – and 71-74 of the code of criminal procedure shall apply mutatis mutandis.

Article 55

The time limits referred to in articles 13, first paragraph (b) (c), 34, 37 and 41, paragraph 1, third paragraph, do not run during the time the alien itself to the further implementation of the orders referred to in those articles has been extracted.

Article 56

1. In cases where the extradition is inadmissible in court has explained, the District Court that the case has dealt to the person or his heirs claimed on his or their request, a monetary compensation at the expense of the State for the damage that he really has suffered as a result of detention, ordered pursuant to this Decree. Articles 77-93 of the code of criminal procedure shall apply mutatis mutandis.

2. In cases referred to in the previous paragraph, find the articles 521 and 522 of the code of criminal procedure apply mutatis mutandis to the reimbursement of costs and claims for the unclaimed person or his heirs.

Article 57

On documents, notifications and notices made under this Decree articles 515-519 of the code of criminal procedure shall apply mutatis mutandis.

Article 58

1. Repealed the Act of 21 september 1926 No. 19 (G.B. 1926 No. 103), laying down der, which with regard to the extradition treaties with foreigners with regard to Suriname with foreign powers may be closed (the Surinamese Uitleveringswet 1926).

2. the law referred to in the previous paragraph shall continue to apply to the treatment of a request for extradition, and on the decisions to be taken in connection therewith, in cases where the documents relating to that request already before the time of the entry into force are sent. 17

3. Article 16, paragraphs 2 and 3, and 17 of the repealed law remain applicable to the examination of an application as referred to in article 13, paragraph 1, of this Decree, and on the decision to be taken by the Court of Justice, in cases where this application already before the time of the entry into force of this Decree to the Court of Justice is received.

4. The Court of Justice that the applicant Suriname, then a now in accordance with this decree by the Court of first instance commenced treatment of a request for his extradition immediately terminated.

5. An alien who at the time of the entry into force of this Decree is detained pursuant to an order given under article 9 or article 12 of the repealed law, – so the documents relating to the request for extradition at that time not yet transmitted to the Sub-District Court – then regarded and treated as someone who under article 19 or article 18, paragraph 3 , of this Decree in detention or in insurance.

Article 59

1. This Decree may be referred to as Decree on extradition and shall be published in the Official Gazette of the Republic of Suriname.

2. It shall enter into force with effect from the day following that of its publication. 18