This action might not be possible to undo. Are you sure you want to continue?
ratifies this Convention, it makes itself party to a policy of allowing a choice to other signatories on this subject, and so should not be heard to insist that it will not permit a political or military refugee to be transported through its territory. It is true that there may be occasions when transportation of a national, or of a political or military refugee through the territory of a State might threaten violence because of a strong public opinion. It is believed that this situation can be taken care of as the result of the requirement for notice of a desire to transport an extradited person through the territory of a State, for under the circumstances suggested the notified State would request that another route be arranged and this would naturally be done. There are found no provisions in the multipartite conventions as to the expenses involved in the transportation of the extradited person through the territory of a third State. All treaties providing for transit stipulate that expenses connected with the transit shall be borne by the State to which the person is extradited. This seems a reasonable provision, as the State of transit, not taking any active part in extradition, should not be obliged to share any expense resulting from it. PART V. LIMITATIONS UPON THE REQUESTING STATE
TRIAL, PUNISHMENT AND SURRENDER OF EXTRADITED PERSON
(1) A State to which a person has been extradited shall not, without the consent of the State which extradited such person: (a) Prosecute or punish such person for any act committed prior to his extradition, other than that for which he was extradited; (b) Surrender such person to another State for prosecution or punishment; COMMENT Paragraph (1) of this article imposes a twofold limitation upon the requesting State's freedom of action: First, the requesting State, having obtained the extradition of the person sought may not, without the consent of the surrendering State, either try or punish such person for any act committed prior to his extradition, other than that on which the request was based. This limitation does not apply to acts committed by such a person after his surrender. Second, such person may not, without the consent of the surrendering State, be re-extradited to a third State. The limitation placed upon the requesting State that it may try and punish an extradited person only for the act for which extradition is obtained, is recognized in the international law of extradition as the doctrine of specialty.1 Many national extradition statutes condition extradition on a
1 See Moore, Extradition (1891), I,§§148-177, pp. 194-259, and authorities there cited; Billot, Trait de I'Extradilion(1874), pp. 308-317, 341-346. See also the Resolutions of Oxford (Iiistitutde Droit Irdernatioral),Art. 22, Appendix IV, No. 2, declaring that a government which obtains extradition for a specific act is bound, in the absence of a treaty to the contrary, not to allow the surrendered person to be tried or punished except for that act.
HeinOnline -- 29 Am. J. Int'l L. Sup 213 1935
No. No. 4 Appendices I I. and those treaties affect a comparatively narrow circle of nations (to eight out of these 13 treaties Czechoslovalda is a party). Case 182. 3 Existing treaty-law amply supports the provision contained in paragraph (1) (a) of this article. Iraq. No. Art. 71). 70. 259. V. and of Great Britain. would be extraditable under the treaty. Raucher (1889). is generally accepted as implied. 50. 8. No. It may reasonably be assumed that the surrendering State. 61. (references are to Appendix VI): Canada. Appendix VI. No. 12. No. No. drafts and bipartite treaties in the appendices. No. No. No. IV. p. Estonia. 30. 6. 74. 26. 55. 38. No. Art. 6 (References are to Appendix I): Finland-Latvia. No. 13. No. Art. Czechoslovakia. 13. Reichsgericht decision of April 4. however. Field's ode. Finland. Spain-dzechoslovakia. 36. Denmark-Czechoslovakia. Bulgaria-&reece. Art. No. International Penal and Prison Commission Draft. Germany. 25. Bulgaria-Spain. The following treaties do not provide for trial and punishment with the consent of the surrendering State for offenses other than that for which extradition is granted (references are to Appendix I): The treaties of the United States with: Siam. 14. 46. 14. 13. 6. Bulgaria-Czechoslovakia. 407. 62. No. Hungary-Yugoslavia. 1921. No. No. 89. Art. Art. No. No. Art. §3 (2). Finland. 37. 7. Latvia-Czechoslovakia. guided by a spirit of international cooperation in the repression of crime. 6. No. No. enunciated in the text. and with Austria. 1919-1922. No. without a treaty. Greece-Czechoslovakla. Albania. No. 13. Art. Sup 214 1935 . No. that consent of the surrendering State is provided for in the treaties of the United States with Germany. Art. sonia-Czechoslovakia. Art. Appendix IV. No. Art. 13. 284. 2 United States v.g. 6. Art.1 The rule on this point. Code of Criminal Procedure. the extradition statutes of Canada. 24. 57. 5. Great Britain. 26. No. 8. 1. No. Art. Moreover. No. Lithuania. It seems preferable to leave it to the discretion of the surrendering State to grant or withhold its consent. Portugal-Czechoslovakia. Venezuela. Art. Art. The surrendering State would have little interest in impeding the E. 7. HeinOnline -. Appendix IV No. J. 23. 52. when it is not stated. Although the phraseology varies widely. the universal practice is to provide that the surrendered person may not be tried or punished for an offense committed prior to extradition. 2 and is scrupulously observed in practice even in the absence of any treaty. Art. Poland. rather than to impose on it an absolute duty. See also the South American Convention of 1911. Brazil-Paraguay. Annual Digest of Public International Law Cases. Entscheidungen des Reichsgerichts in Strafsachen.29 Am. France. 13. 93. Switzerland.-(It should be noted. 13. Latvia-Spain.5 A number of treaties provide that the surrendering State may not refuse its consent if the offense. International Law Association Draft. Estonia. 7. by Czechoslovakia for 1 larceny and theft. No. 3 Thus the German Supreme Court allowed an appeal from the conviction for the unlawful export of horses when the person was surrendered. Art. 79. Latvia-Denmark No. 6 The number of treaties (13) containing such a proviso is small. 31. No. as is shown 4 by the conventions. The inclusion of such a proviso in this article does not appear advisable. 14. Italy. No. 8. No.EXTRADITION guarantee (by treaty or municipal law of the requesting State) that the surrendered person will not be tried for any other act than that for which he was extradited. Lithuania. S. No. Appendix IV. 14. 14. No. 8. No. the treaties of Great Britain with: Latvia. No 51. Appendix III. the majority of treaties provide expressly that the person surrendered may be tried or punished for another offense if the surrendering State consents thereto. 4. other than that for which he is extradited. No. 119 U. No. 5. 4. Art. 4. Czechoslovakia. 20. 47. Rumania-Czechoslovakia. 39. Bulgaria. 7. 661. No. 73. 12. 10. No. No. Latvia. will not withhold its consent if the offense would be extraditable under this Convention. Art. Appendix VI. §33. other than that for which extradition was granted. 4. No. 15. Int'l L. 21. No.
To the same effect see the Central American Convention of 1934. 7. 7. 11. Art. a notice to 3 the surrendering State is required. 4. 10. 4. 7. 17 in footnote 1. Art. No. Belgium-Czechoslovakia. No. 91. Appendix VI. as well as those of the requested State. Art. Art. Estonia-Denmark. Art. 56. Iraq-Turkey. 2 (References are to Appendix I): Switzerland-Uruguay. The rule of specialty was designed to safeguard the interests of the individuals concerned. Art. Art. Art. 19. Appendix I. 35. 12. Appendix VI. J. 17. No. Art. Colombia-Panama. 18. Switzerland-Uruguay. Art. by limiting trial and punishment to the particular act or acts for which extradition was granted. Liberia-Monaco. Art. Belgium-Poland.g. Austria-Belgium. 6. Finland-Norway. Belgium-Finland. 77. The only exception to the rule of specialty provided for in the (a). AustriaArt. 5. Art. 53. 15. No. 13. 6. Switzerland. Appendix VI. 41. Art. 13. No. 80. is the express consent of the surrendered person. 22. 13. Switzerland. 19. France-San Marino. Art. 6. 10. No. No. 54. No. First. 91. No. 7. No. Colombia-Nicaragua. 43. 9. 32. 85. Similar provisions can be found in some of the national extradition statutes. Finland-Denmark. Art. No. No. 12.g. It can hardly be asserted that such a proviso would generally be desired in a multipartite convention in view of the fact that the great majority of treaties and draft conventions and a number of the national extradition statutes do not recognize the surrendered person's consent as an exception to the rule of specialty. 6. No. 13. No. No. No. Bulgaria-Turkey. No. No. 7. 34. Art. Belgium-Paraguay. Belgium-Estonia. if he freely and voluntarily consents thereto. 4No such provision is contained in any of the treaties of the United States or Great Brit- HeinOnline -. Another exception to the limitation imposed on the requesting State is contained in a proviso to a number of the treaties that the person surrendered may be tried or punished for an offense other than that for which he was extradited. No. Appendix III. Belgium-Austria. 4. 13. the practical working of such a provision is open to question. Art. France-Poland. No. Iraq-Turkey. 69. The inclusion of such a provision in this article was deemed inadvisable for several reasons. Liberia-Monaco. No. 63. Sweden. EstoniaSweden. No. 72. Norway. 12. 69. 13. 48. 90. No. 91. see e. 10. Art. Appendix III. and it does not seem appropriate to cause the exercise of such a right or the observance of such a duty to depend upon the will of an individual. Art. No. Iraq-Turkey. Art. 3.' A few treaties put the proviso in the form that the consent of the surrendering State is not necessary if the surrendered person thus agrees to be tried for an offense other than that for which he was extradited. Bulgaria-Rumania. Art. Second. No. Austria-Sweden. No. 5. No. No 90. Art. No. Art. I (References are to Appendix I): Finland-Sweden. No. Art. 5. 27. which requires the consent of the surrendering State in spite of the agreement of the extradited person. Art.ARTICLE 23 course of justice by insisting on another extradition proceeding with all the time and expense involved. 8. Art. in some cases. But cf. it is difficult to be sure that he really acts freely and voluntarily in consenting to be tried for a different crime from that stated in the requisition. 5. the extradition statutes of Sweden. Art. 65. No. Turkey-Czechoslovakia. Int'l L. No. this Convention seeks to regulate the reciprocal rights and duties of States in their relations with each other. 11. Belgium-Lithuania. • E. 40. or if he himself requests to be brought to trial for such other offense. 12. Art. Art. Art. No. also in several of the treaties enumerated Montevideo Convention of 1934.. Art. No. Art. Appendix VI. 6. Art. Sup 215 1935 . 6. Turkey-Czechoslovakia. 13.. 4. No. 5. Hungary-Rumania. 2 although. 16. No. 65. Art. While a person is being detained by a State by reason of extradition. No. 4 The limitation provided for in paragraph 1 (b) of this article is also very 8. 11.29 Am. Appendix I. Art. 58. Art. Art. 48. Bulgaria-Turkey. No.
Donnelly was therefore discharged. 20. With this additional safeguard to the interests of the requested State and of the individual concerned. No.' The tendency is. 60. No.g. Portugal-Czechoslovakia. Germany-Turkey. No. 31. No. No. Finland-Latvia. 1935. 12. No. No. Bulgaria. No. 26. No. No. 83. (However. No. Appendix III. 75. No. but which said nothing about re-extradition. (but there is provision for re-extradition with the consent of the surrendering State in the treaty with Germany. 83. Belgium-Latvia. No. No. ko. Lithuania. 8. Great Britain. No. 24. 79. Lithuania. No. Brazil-Paraguay. 68. 30. permission for his re-extradition was obtained from France. No. No. the treaties of Great Britain with: Latvia. Appendix IV. No. go. No. No. No.) See Note in Cornell Law Quarterly for April. Austria-Finland. No. France-Latvia. 62. Albania. See to the same effect the Caracas Convention. No. 14. Albania-Greece. draft conventions and several statutes do not contain provision prohibiting re-extradition without the consent of the surrendering State. Germany. No. 36. 24. No. 6. Greece. No. 47. 50. Czechoslovakia. No. 5. No. 71. No. Czechoslovakia. 13. No. No. United States ex. No. Italy-Yugoslavia. although a fairly large number of treaties. 42. No.EXTRADITION generally accepted and is supported by existing treaty and statute law. International Penal and Prison Commission No. Poland. No. of App. 92. and his extradition was then upheld. 33. 6. Italy-Panama. 6. Appendix III. Field's Code. 71. 8. Estonia-Norway. Finland. Finland. April 1. Austria. No. Sweden-Czechoslovakia. Estonia-Czechoslovakia. 1. 8. also the following bipartite treaties: Greece-Austria-Hungary. Latvia-Lithuania. No. No. 28. Italy. No. in most of the treaties. Netherlands-Czechoslovakia. 14. 7. Germany. Czechoslovakia. 2. No. 88. No.29 Am. No. Denmark-Czechoslovakia. 23. Latvia-Czechoslovakia. Greece-Czechoslovalda. No. 39. Latvia. 1 E. Oxford Resolutions. 78. 1. Brazil-Paraguay. 10. Italy-Czechoslovakia. the Montevideo Convention of 1933. No. there should be less reluctance to extradite fugitives from justice. Finland-Italy. 95. Albania-Greece. 81. Venezuela. Italy-Yugoslavia. Albania-Yugoslavia. No. the Circuit Court of Appeals held that the United States-French treaty. 220. 5. Italy. Donnelly v. Estonia. 86. 57. Latvia. 26.. 93. No. See to the same effect the Bustamante Code. No. 5. Iraq. The Draft of the International Law Association. No. Hungary-Yugoslavia No 61. No. No. 64. No. No. Bulgaria. however. No. Greece-Austria-Hungary. France-Czechoslovakia. No. No. (references are to Appendix I): the treaties of the United States with: Siam No. rel. No. No. 30. Ct. International Law Association. Lithuania. Italy-Panama. Sup 216 1935 . Mulligan. 10. 55. Finland-Netherlands. 76. Estonia. Austria. It may be pointed out that. 4. 73. 3. Iraq. No. Latvia-Spain. Tatvia-Sweden. No. Appendix IV. No. 82. No. decidedly toward the inclusion of such a provision as shown especially by the fact that since 1920 the number of treaties failing to provide for this contingency steadily decreased. re-extradition and the rule of specialty are dealt with together. No. 67. Venezuela No. 89. 4. 23. 1935. Italy-Brazil. Bulgaria-Czechoslovakia. 12. Estonia-Latvia. No. the following draft conventions (references are to Appendix IV): Field s Code. Bulgaria-Spain. Austria-Latvia. 2. Latvia-Hungary. the treaties of Great Britain with: Latvia. S. 81. which expressly forbade the trying of an extradited person for a different crime from that for which he was extradited. No. No. 4. No. 84. No. Austria-Estonia. 46. Finland. No. Germany-Czechoslovakia. Estonia-Lithuania. It may be noted that Traver's Projet. No. 74. Appendix III. 49. expressly excludes consent of the surrendered person as an exception to the rule of specialty. No. 21. Latvia-Netherlands. 66. 15. No. Italy-Czechoslovakia. See (references are to Appendix I) the treaties of the United States with: Siam. Latvia-Norway. Estonia-Finland. Art. No. No. No. No. also the following statutes (references are to Appendix VI): Canada. 1. and thus this provision should further the general purpose of this Convention. No. 20. Poland-Sweden. 5. 4. Bulgaria-Yugoslavia. HeinOnline -. No. 74 F. Albania. 49. Finfand. 28. Greece. 15. 5. 59. 7. No. No. 47. No. No. No. 84. No. 43. 1. No. Cir. 25. No. 45. 6. 8. No. No. 38. 67. No. No. No. U. No. and are usually made subject to the same conditions and aim. 29. Lithuania-Czechoslovakia. France-San Marino. No. No. No. It is interesting that in United States ex rel. Italy-Venezuela. (2d). 24. Mulligan (1934). 12. Int'l L. Latvia-Denmark. Chile-Colombia. Appendix IV. Rumania-Czechoslovakia. 70. 16. Donnelly v. 51. 7. 52. 13. Germany-Greece. France. No. by implication prohibited re-extradition since the person claimed was extradited only to be tried for the crime specified. No. Spain-Czechoslovakia. No. No. 46.Art. the following extradition statutes (references are to Appendix VI): Canada. No. No. Great Britain.Italy-Venezuela. Bulgaria-Greece. No. Estonia. No. 4. Czechoslovakia. Estonia. 31. J. 70). 25. 10. 44. No. 37. No. No. 87. No. 10. Lithuania.
HeinOnline -. 6. Art. consent of the surrendered person) is equally applicable to the exception to the rule against reextradition. and whose judgement may be affected by political considerations. Estonia-Finland. Art. 18. Art. . Austria-Estonia. 64. There is a rather large number of bipartite treaties which either prohibit extradition when the extradited person is to be prosecuted before a special court. Denmark-Estonia Art. Art. Art. Art. Therefore. 59. No. 8. what has been said of the exceptions to the rule of specialty (consent of the surrendering State. Art. COMMENT The purpose of this paragraph is to prevent the subjection of the extradited person to a trial before a special court called only for that occasion. No. also in Appendix V. 6. However. Art. This paragraph is drafted so that trial of an extradited person is not absolutely prohibited in the situation here contemplated. also in Appendix V. 78. No. 17. No. Art. 8. No. 10. 87. Poland-Sweden. Finland-Netherlands. Denmark-Finland. or before a court granted special powers for that occasion. 8.7Brazil-Italy. 7. 4. . 1. there may be situations when no ordinary court would have jurisdiction over the extradited person. 55. 6. 76. 7. 3-d. 2 '1he United States in ratifying this Convention made reservation to this article. Belgium-Paraguay. Art. Art. Sup 217 1935 . Military courts will not be considered as such 2 tribunals. LatviaSweden. 74. No. No.' The provision restricting prosecution of the extradited person to the courts which normally have jurisdiction over the crimes for which the extradition has been granted is not totally strange to the statutory law on I Art 3 Appendix III. No. 7. 77. 33. No. 95. 7 (3). 6. 3 (h). 94. [(1) A State to which a person has been extradited shall not. No. 45. Switzerland-Uruguay. because of special conditions in a certain area. 1. and the State which has granted extradition may be satisfied that substantial justice will be done in a special tribunal which has been set up. 6. but to the requested State is reserved the right to prevent a political or sensational trial of the extradited person. No. Int'l L. No. Latvia-Hungary. J. Austria-Latvia. 6. No. 40. No. Estonia-Norway. No. Art. No. ' (References are to Appendix I): Finland-Sweden.29 Am. No. 7. Austria-Finland. No. Art. or which impose a duty on the requesting State not to submit the extradited person to trial by such a court. Latvia-Spain. Latvia-Norway. thus denying to the prosecuted person the ordinary guarantees of a judicial hearing. No. Art. (d) when the accused must appear before any extraordinary tribunal or court of the demanding State (tribunal o juggade de excepcion de costado requiriente). 19. which would undermine the main purpose of extradition as an international aid to the administration of justice. A similar article is found in the Montevideo Convention: 1 The surrendering State shall not be obliged to grant extradition: . 6. Brazil-Switzerland. 92. or by conditions of public hysteria. Art. or to which special powers are granted for the trial. 81. Art. Art. without the consent of the State which extradited such person:] (c) Prosecute such person before a court specially constituted for the trial. No.ARTICLE 23 exceptions. No.
Art. No. 7. No. Art. No. Art. Germany-Greece. No. Art. 11(3). 14. 82. Art. 71. 13. Art.EXTRADITION extradition. 62. 45. Liberia-Monaco. 25. The rule of specialty. Appendix I. No. 66. Lithuania. 854. 6. Portugal-Czechoslovakia. No. No. Art. although some treaties provide for different periods. 28. 14. 8 Forty-eight hours in the following treaties (references are to Appendix I): EstoniaCzechoslovakia. 57. (but in the treaties with Poland. Field's Code. No. of this article shall not apply. 13. 15. No. 52. provides for four weeks. Italy-Yugoslavia. No. No. Appendix III. No. Art. 50.' (2) Paragraph (1). ranging from 48 hours to three months. No. No. Estonia. 1. No 19. 7. and its inclusion is amply supported by existing treaty and statute law.' Finland. and Greece. Italy-Czechoslovakia No. Art. Art. Code of Criminal Procedure. draft-conventions and statutes. No. 6 ' Art. Appendix IV. No. Switzerland. Latvia. 14.Appendix IV. 38. Austria.29 Am. Sup 218 1935 . he subsequently returns thereto of his own free will.8 and a few treaties do not specify any time limit. No. 1 See the treaties of Great Britain with (references are to Appendix I): Latvia. 30. No. Art. 29. No. Appendix VI. The period provided for in paragraph (2)-thirty days-is the same as provided for in the majority of treaties (they provide either for thirty days or one month). 9(3). Code of Criminal Procedure. Art. 70. 49. Appendix III. 11. Art. No 51. Italy. 7The exception is not provided for in the following treaties (references are to Appendix I): the treaties of the United States with: Siam. 13. Int'l L. 7. 37. No. or voluntarily returns thereto. Germany. 9.0 1 Code of Criminal Procedure. Art. 26. 4 Sweden 5 and Switzerland. Art. Estonia. No. No. No. No. Bulgaria-Greece. Art. the prohibition of re-extradition without the surrendering State's consent and the prohibition of trial before a specially constituted court do not apply if the extradited person. Art. 74. Travers' Draft. and in the extradition statutes of Argentina. 852(8). J. Appendix IV. No. 4. Finland. subparagraphs (a) and (b). 2. Bulgaria. 2. The following treaties provide for three months references are to Appendix I): Chile-Colombia. No. Appendix VI. The following three treaties provide for one wccl3 (references are to Appendix I): Spain-Czechoslovakia. 2 The Law of Feb. Greece-Austria-Hungary. 1922. Appendix VI. 13. Art. being found in the statutes of the following States: Estonia. No. No. 20. The treaty between Denmark and Czechoslovakia. 4. No. 84. No. Art. 31. 15. 12. 1. No. Art. 13. No. No. after being set at liberty. 859(9). Latvia-Czechoslovakia. No. 4 3 Penal Code. Finland. 23. Three months are also provided in the Bustaante ode. 24. No. 4. No. 12. Art. provides for fourteen days. Czechoslovakia. 4. Czechoslovakia. Latvia-Spain. the exception provided in this paragraph is very generally recognized in extradition. The draft of the International Penal and Prison Commission. 10. Appendix VI. 1. Finland-Italy. Lithuania. provides for five days. 6. 3 Lithuania. A provision of similar import is contained in the great majority of treaties. Art. No. No. FranceLatvia. if the person who was extradited voluntarily remains within the territory of the State to which he was extradited for a period of thirty days. voluntarily remains for more than thirty days within the territory of the State to which he was extradited. 6. Art. or if. 13. 377. having left that State. 6. No. No. No. there is such a proviso). Switzerland-Uruguay. No. 3.7 It seems reasonable to make the exception of the present paragraph apply also to the subject matter of paragraph (1-c). United States-Poland. Venezuela. Greece-Czechoslovakia. 13. the Oxford Resolutions of the Institutde Droit International. HeinOnline -. At least as to paragraphs (1-a) and (1-b). No. Appendix IV. No. 10. 5. 2 Latvia. 5. 57. Albania. Italy -anama. Art. Appendix VI. No. 13. 48. No. 89. COMMENT Paragraph (2) of this article provides for an exception to the three-fold limitation imposed by paragraph (1) upon the requesting State. See also the Montevideo Convention of 1933. 12. Albania-Greece. 14. Art. 4.
COMMENT This paragraph provides only for delivery of property with an extradited person. Belgian-Polish treaty. 5 Pan American Convention of 1902. 10. 12. 3 Article 12. 4. Colombian-Panama treaty. 6. Bustamante Code of 1928. 5 but this seems too 47. extradition statutes Canada. No. 4. But French-Ozechoslovakian treaty. 7. if requested. Draft of International Penal and Prison Commission of 1931. No. No. 5. Art. 13. Appendix V. No. and if such delivery will not work an injustice to any other person. after the extradited person has voluntarily remained in or returned to its territory. and the interests of the State to which extradition is granted in regaining its freedom of action. Appendix V. Sup 219 1935 . J. Art 11. 3. French statute of 1927. 93.6. the multipartite conventions in Appendix III. Appendix V. Britain. Article 15. No. French-Czechoslovakian treaty. and have therefore been omitted here. 5. Appendix V. Art. No.29 Am. 22. No. Appendix V. No. No. No. No. 4. call for a request. 3. Art. See also the draft of of the International Law tion. 29. 5. South American Convention of 1911. and will not interfere with the administration of justice by the requested State: (a) Property which appears to have been acquired by the person claimed or by an accomplice of such person by means of the act for which the extradition is made. Montevideo Convention of 1933. Appendix No. German-Turkish treaty. Appendix V. Appendix V. 6. Appendix VI. treaties and statutes which countenance delivery when an accused person cannot be extradited because he has died or escaped. Art 19. Appendix III. No. 11. 6. 4. Art. No. Appendix IV. 2 See.IV. Art. Art. Art. 3. Art. Art.' These provisions seem to belong rather in a convention on judicial assistance than on extradition. a requested State shall deliver to the requesting State the following categories of property. 15. Appendix V. 1. 15. 2 but such a request seems a reasonable condition of a duty to deliver. Appendix V. 6. 15. Appendix IV. 8. for example. Great. Appendix VI. No. Art. Art. Iraq. Art. Appendix VI. Appendix III. 1 Montevideo Convention of 1933. (b) Property which may serve as evidence in the prosecution of the person extradited. Iraq-Turkey. 12. 3 and for detention of property to be requested in connection with a request for provisional arrest. No.5. and provision is made in this Convention for such request to accompany a requisition. Appendix III. No. DELIVERY AND RETURN OF PROPERTY REQUESTED (1) When a person claimed is extradited. Appendix III. 370. and BelgianPolish treaty. No. BrazilianItalian treaty. Art. Int'l L. 14. There are conventions. Central American HeinOnline -. and the91. 22. Travers' Draft of 1928. German-Turkh treaty. the United StatesBritish treaty. Appendix III.AssociaNo. 10. Treaties and conventions frequently do not condition delivery of property upon a request by the requesting State. PART VI. No. No.ARTICLE 24 The exception provided for in paragraph (2) seems to balance equitably the interests of the extraditing State in seeing that the person extradited is not tried for any act other than that for which he was extradited. Art. 6. 4 In a good many international agreements and statutes only objects found in the possession of the person claimed are to be delivered. Art. 16. No. PROPERTY ARTICLE 24.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.