CHAPTER IV
Fundamental Rights and Freedoms of the Individual

43.Prohibition of deportation.

(1) Extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law.

(2) No person shall be extradited for an offence of a political character.

(3) No citizen of Malta shall be removed from Malta except as a result of extradition proceedings or under any such law as is referred to in article 44(3) (b) of this Constitution.

(4) The provisions made by or under the Extradition Act*, as for the time being in force, for the removal of persons from Malta to another Commonwealth country to undergo trial or punishment in that country in respect of an offence committed in that country and any general arrangements for the extradition of persons between Commonwealth countries to which Malta for the time being adheres shall be deemed, for the purposes of sub-article (1) of this article, to be arrangements made by treaty, and sub-article (2) shall not apply in relation to the removal or extradition of a person under such provisions or arrangements.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.