Practice question
A State refuses a covered extradition request solely for insufficient supporting evidence, not because the person is its national. Counsel claims that the refusal alone necessarily satisfies Article15(3)’s specific nationality-refusal trigger. Which answer is correct?
- That particular trigger is not established merely by a refusal on the stipulated different ground
- Every refusal is expressly identical to nationality refusal
- The treaty requires an automatic guilty verdict
- Evidence is forbidden in extradition analysis
- Nationality can be invented by counsel
Legal references
- UN Convention against Transnational Organized Crime, Articles15(3) and16(10): https://mandates.un.org/mandate/A/RES/55/25
- RA9851 Section17: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Accused-citizenship branch.
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