Abstracts » Law

Extradition - constitutionality of arrest on request of international tribunal without extradition treaty - constitutionality of congressional-executive agreements - application of probable cause standard to evidence collected abroad

Article Abstract:

The author discusses the US Court of Appeals' decision in In re Surrender of Ntakirutimana, regarding the extradition on behalf of the International Criminal Tribunal for Rwanda of Elizaphan Ntakirutimana for atrocities committed there, and issues raised regarding probable cause standards for evidence and the absence of an extradition treaty.

United States, Standards, Evidence (Law)

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U.S.-Italy extradition treaty - challenge regarding constitutionality - protection of fundamental human rights, including right to life - prohibition of death penalty in requested party's constitution - inadmissibility of assurances that death penalty shall not be imposed or enforced

Article Abstract:

The death penalty is prohibited under Italy's Constitution and so extradition of Pietro Venezia to stand trial in the US for murder, a capital offense, was denied by the Italian Constitutional Court. This ruling may set a precent for all European countries that feel the death penality is a violation of human rights. The Court did not admit assurances that the death penalty would not be used.

Italy, Interpretation and construction, Human rights, Constitutional law, Constitutional interpretation, Capital punishment

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Extradition - provisional arrests by United States under extradition treaties - constitutionality of treaty providing for arrest without showing of probable cause - constitutionality of detention without showing risk of flight

Article Abstract:

The US Supreme Court in 1997 inappropriately reversed a decision to deny writ of habeas corpus to a person arrested on request from France and charged with extraditable crimes in Parretti v. United States. The decision implied probable cause must be established by courts before and not after an arrest. It also undermined international relations by requiring the US government to prove risk of flight.

Arrest

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