Extradition procedures in Cyprus are regulated by the Extradition of Fugitive Offenders Law (No. 97/1970) which was amended after Cyprus became part of the European Convention on Extradition. For clarification purposes note that the Law No. 97/1970 combines both the Provisions of the European Convention and those of the relevant Commonwealth Scheme. Therefore, it applies to requests made to Cyprus by all members of the European Convention and Commonwealth countries.
Cyprus is also bound by bilateral agreements on extradition which were concluded by the United Kingdom and thereafter remain in force in the Republic of Cyprus after its independence by succession via a specific provision in the Treaty of Establishment.
Additionally, Cyprus maintains bilateral agreements on legal co-operation which includes provisions on extradition with the following countries:
The procedure begins once a request for extradition is received. Precisely, a request for provisional arrest is received by the Ministry of Justice & Public Order, which is the central authority in Cyprus, either directly or through police or diplomatic channels. Then an oral hearing is carried out based on the Commonwealth model law on extradition. According to the European Convention, there is no prima facie requirement. If the Court approves the extradition, then the fugitive retains the right to file a habeas corpus application in order to assure his/her discharge. It should be taken into consideration that if a habeas corpus application is submitted, then the fugitive cannot be surrendered until the final determination of the legal proceedings.
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