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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-19-09 04:58 PM
Original message
Page 6 U.S. extradition laws with Paraguay
Edited on Mon Jan-19-09 04:59 PM by seemslikeadream
Bill Clinton letter of transmittal 1999 setting up the U.S. extradition laws with Paraguay

http://www.oas.org/juridico/mla/en/traites/en_traites-ext-usa-pry.pdf


"As is customary in extradition treaties, Article IV incorporates a political offense exception to the obligation to extradite. Article IV(1) states generally that extradition shall not be granted for a political offense. The article expressly excludes from the reach of the political offense exception several categories of offenses:



(a) a murder or other willful crime against the physical integrity of the Head of State of one of the Parties, or of a member of the Head of State’s family;

(b) an offense for which both Parties are obliged pursuant to a multilateral international agreement to extradite the person sought or submit the case to their competent authorities for decision as to prosecution; and

(c) a conspiracy or attempt to commit the offenses described above, or participation in the commission of such offenses.



Article IV(2) provides that extradition shall not be granted if the competent authority of the Requested State determines that the request was politically motivated.



Article IV(3) provides that the Requested State may refuse extradition for offenses under military law that are not offenses under ordinary criminal law (for example, desertion).



Article V bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but does not bar extradition if the competent authorities in the Requested State have declined to prosecute for the acts for which extradition has been requested. In addition, extradition shall not be precluded by the fact that the authorities in the Requested State, after initiating criminal proceedings, have decided to discontinue them, so long as the Requested State’s laws regarding double jeopardy would permit the future reinstitution of such criminal proceedings.



Under Article VI(1), when an offense is punishable by death in the Requesting State, but not in the Requested State, the latter may refuse extradition unless the Requesting State provides assurances that the death penalty will not be imposed or, if imposed, will not be carried out. In cases where the Requesting State has provided such assurances,



Article VI(2) states that the death penalty, if imposed by the courts of the Requesting State, will not be carried out."
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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-19-09 05:02 PM
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1. Coincidence? I think not:
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-19-09 05:06 PM
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2. So all the son of a bitch
has to do when he flees to Paraguay is say it is politically motivated.Just fucking great.
And clinton signed off on this shit? Gee.Thanks bill. NOT.
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