[Senate Treaty Document 107-4]
[From the U.S. Government Publishing Office]
107th Congress Treaty Doc.
SENATE
2d Session 107-4
_______________________________________________________________________
EXTRADITION TREATY WITH LITHUANIA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA, SIGNED AT
VILNIUS ON OCTOBER 23, 2001
May 7, 2002.--Treaty was read the first time, and together with the
accompanying papers, referred to the Committee on Foreign Relations and
ordered to be printed for the use of the Senate
LETTER OF TRANSMITTAL
----------
The White House, May 6, 2002.
To the Senate of the United States:
With a view to receiving the advice and consent of the
Senate to ratification, I transmit herewith the Extradition
Treaty Between the Government of the United States of America
and the Government of the Republic of Lithuania, signed at
Vilnius on October 23, 2001.
In addition, I transmit for the information of the Senate,
the report of the Department of State with respect to the
Treaty. As the report explains, the Treaty will not require
implementing legislation.
The provisions in this Treaty follow generally the form and
content of modern extradition treaties recently concluded by
the United States and will replace the Extradition Treaty of
April 9, 1924, between the two countries and the Supplementary
Extradition Treaty of May 17, 1934. In conjunction with the new
U.S.--Lithuania Mutual Legal Assistance Treaty that took effect
in 1999, the Treaty will, upon entry into force, enhance
cooperation between the law enforcement communities of the two
countries. It will thereby make a significant contribution to
international law enforcement efforts against serious offenses,
including terrorism, organized crime, and drug-trafficking
offenses.
I recommend that the Senate give early and favorable
consideration to the Treaty and give its advice and consent to
ratification.
George W. Bush.
LETTER OF SUBMITTAL
----------
April 22, 2002.
The President: I have the honor to submit to you the
Extradition Treaty Between the Government of the United States
of America and the Government of the Republic of Lithuania,
signed at Vilnius on October 23, 2001. The Treaty will replace
the Extradition Treaty of April 9, 1924, and the Supplementary
Treaty of May 17, 1934, currently in force between the two
countries. I recommend that the Treaty be transmitted to the
Senate for its advice and consent to ratification.
The Treaty follows generally the form and content of other
extradition treaties recently concluded by the United States.
The Treaty represents a major step forward in U.S. efforts to
strengthen cooperation with countries in the region in
combating terrorism, organized crime, drug trafficking and
other offenses. Modernization of law enforcement relations with
the Baltic states is an important part of a concerted effort by
the Department of State and the Department of Justice to
improve the legal tools available for the extradition of
serious offenders. The Treaty is designed to be self-executing,
and will not require implementing legislation.
Article 1 obligates each Party to extradite to the other,
pursuant to the provisions of the Treaty, persons whom the
authorities in the Requesting State have charged with or
convicted of an extraditable offense.
Article 2 concerns extraditable offenses. Article 2(1)
defines an extraditable offense as one punishable under the
laws in both States by deprivation of liberty for a period of
more than one year or by a more severe penalty. Use of such a
``dual criminality'' clause rather than a list of offenses
covered by the Treaty, as in the 1924 U.S.--Lithuania
Extradition Treaty and the 1934 Supplementary Treaty, obviates
the need to renegotiate or supplement the Treaty as additional
offenses become punishable under the laws in both States.
Article 2(2) defines an extraditable offense further as
including an attempt or a conspiracy to commit or participation
in the commission of, an offense described in paragraph 1.
Additional flexibility is provided by Article 2(3), which
provides that an offense shall be an extraditable offense
whether or not (a) the laws in both States place the offense
within the same category of offenses or describe the offense by
the same terminology; or (b) the offense is one for which
United States federal law requires the showing of such matters
as interstate transportation, or use of the mails or of other
facilities affecting interstate or foreign commerce, such
matters being merely for the purpose of establishing
jurisdiction in a United States federal court.
Under Article 2(4) extradition shall be granted regardless
of where the act or acts constituting the extraditable offense
were committed.
Finally, Article 2(5) provides that if extradition is
granted for an extraditable offense, it shall also be granted
for any other offense specified in the request even if that
offense does not meet the minimum penalty requirement, provided
that all other extradition requirements are met.
Article 3 provides that extradition shall not be refused
based on the nationality of the person sought.
Articles 4 and 5 set forth bases for denial of extradition.
As is customary in extradition treaties, Article 4, paragraph 1
bars extradition if the offense for which extradition is
requested is a political offense.
Article 4(2) expressly excludes from the reach of the
political offense exception six categories of offenses: (a) a
murder or other violent crime against a Head of State of the
Requesting or Requested State, or a member of the Head of
State's family; (b) an offense for which both States have the
obligation pursuant to a multilateral international agreement
to extradite the person sought or to submit the case to their
competent authorities for decision as to prosecution; (c)
murder, manslaughter, malicious wounding, or inflicting
grievous bodily harm; (d) an offense involving kidnapping,
abduction, or any form of unlawful detention, including the
taking of a hostage; (e) placing or using an explosive,
incendiary or destructive device capable of endangering life,
of causing substantial bodily harm, or of causing substantial
property damage; and (f) a conspiracy or attempt to commit any
of the foregoing offenses, or aiding or abetting a person who
commits or attempts to commit such offenses.
Article 4(3) requires that extradition not be granted if
the executive authority of the Requested State determines that
the request was politically motivated. Finally, paragraph 4
provides that the executive authority of the Requested State
may also refuse extradition for offenses under military law
that are not offenses under ordinary criminal law (for example,
desertion).
Under Article 5, extradition shall not be granted when the
person sought has been convicted or acquitted in the Requested
State for the offense for which extradition is requested.
Conviction or acquittal also means, under Lithuanian law, an
agreed resolution approved by a court with final and binding
effect.
Article 5(2) provides that extradition shall not be
precluded by the fact that the competent authorities of the
Requested State have decided (a) not to prosecute such person
for the same acts for which extradition is sought; (b) to
discontinuecriminal proceedings against the person for those
acts; or (c) to investigate the person sought for the same acts.
Article 6 provides that the decision whether to extradite
shall be made without regard to the law of either State
concerning lapse of time.
Article 7 concerns capital punishment. Under Article 7,
when the offense for which extradition is sought is punishable
by death under the laws in the Requesting State but not under
the laws in the Requested State, the Requested State may grant
extradition on the condition that the death penalty shall not
be imposed on the person sought, or on the condition that if
the death penalty was already imposed prior to the request, it
shall not be carried out. If the Requesting State accepts
extradition subject to conditions pursuant to this paragraph,
it shall comply with the conditions. If the Requesting State
does not accept the conditions, the request may be denied. The
United States has agreed to similar formulations in other
modern extradition treaties.
Article 8 establishes the procedures and describes the
documents that are required to support a request for
extradition. All requests for extradition must be submitted
through the diplomatic channel. Among other requirements,
Article 8(3) provides that a request for the extradition of a
person sought for prosecution must be supported by such
information as would provide a reasonable basis to believe that
the person sought committed the offense for which extradition
is sought. A request for extradition of a person who has been
convicted in absentia must be supported by the documents
required in a request for a person who is sought for
prosecution.
Article 9 establishes that a request for extradition shall
be received and admitted as evidence in extradition proceedings
if: (a) a request from the United States is certified by the
signature and official seal of its executive authority; (b) a
request from the Republic of Lithuania is certified by the
principal diplomatic or consular officer of the United States
resident in the Republic of Lithuania, as provided by the
extradition laws of the United States; or (c) a request is
certified or authenticated in any other manner acceptable by
the laws in the Requested State.
Article 10 requires that all documents submitted by the
Requesting State be translated into the language of the
Requested State.
Article 11 sets forth procedures and describes the
documents that are required for the provisional arrest and
detention of the person sought, in case of urgency, pending
presentation of the request for extradition. In particular,
Article 11(4) provides that if the Requested State's executive
authority has not received the request for extradition and
supporting documents required by Article 8 within sixty days
from the date of provisional arrest, the person may be
discharged from custody. For this purpose, receipt of the
request for extradition by the Embassy of the Requested State
in the Requesting State constitutes receipt by the executive
authority of the Requested State. Article 11(5) explicitly
provides that the discharge of a person from custody pursuant
to Article 11(4) does not prejudice the person's subsequent
rearrest and extradition if the extradition request and
supporting documents are delivered at a later date.
Article 12 specifies the procedures governing a decision on
the extradition request and the surrender of the person sought.
It requires the Requested State to promptly notify the
Requesting State of its decision regarding a request. If the
request is denied in whole or in part, the Requested State is
required to provide an explanation of the reasons for the
denial and, upon request, copies of pertinent decisions. If
extradition is granted, the authorities of the Requesting and
Requested States shall agree on the time and place for the
surrender of the person sought. If the person sought is not
removed from the territory of the Requested State within the
time period prescribed by the law of that State, the person may
be discharged from custody and the Requested State, in its
discretion, may subsequently refuse extradition for the same
offense.
Article 13 addresses temporary and deferred surrender.
Under Article 13(1) if a person whose extradition is sought is
being proceeded against or is serving a sentence in the
Requested State, that State may temporarily surrender the
person to the Requesting State for the purpose of prosecution.
The person so surrendered is to be kept in custody in the
Requesting State and returned to the Requested State after the
conclusion of the proceedings against that person, on
conditions to be determined by mutual agreement of the two
States. Alternatively, the Requested State may postpone the
extradition proceedings against such a person until its
prosecution has been concluded or the sentence has been served.
Article 14 provides a non-exclusive list of factors to be
considered by the executive authority of the Requested State in
determining to which State, if any, to surrender a person whose
extradition is sought by more than one State.
Article 15 provides that the Requested State may, to the
extent permitted under its law, seize and surrender to the
Requesting State all items, including articles, documents and
evidence connected with the offense for which extradition is
granted. Such items may be surrendered even if the extradition
cannot be effected due to the death, disappearance, or escape
of the person sought. Surrender of such items may be
conditioned on satisfactory assurances from the Requesting
State that theproperty will be returned to the Requested State
as soon as practicable, and may be deferred if the items are needed as
evidence in the Requested State. Article 15(3) provides that the rights
of third parties in such items must be duly respected in accordance
with the laws of the Requested State.
Article 16 sets forth the rule of speciality under
international law. Paragraph 1 provides, subject to specific
exceptions set forth in paragraph 3, that a person extradited
under the Treaty may not be detained, tried or punished in the
Requesting State except for any offense (a) for which
extradition was granted, or a differently denominated offense
based on the same facts as the offense for which extradition
was granted, provided such differently denominated offense is
extraditable, or is a lesser included offense; (b) committed
after the extradition of the person; or (c) for which the
executive authority of the Requested State consents to the
person's detention, trial, or punishment.
Article 16(2) provides that a person extradited under the
Treaty may not be extradited to a third State or extradited or
surrendered to an international tribunal for any offense
committed prior to extradition unless the Requested State
consents. The restrictions of paragraphs 1 and 2 do not apply
if the person has left the territory of the Requesting State
after extradition and voluntarily returns to it; or does not
leave the territory of the Requesting State within 10 days of
the day on which the person is free to leave.
Article 17 permits surrender without further proceedings if
the person sought consents in writing to be surrendered.
Article 18 governs the transit through the territory of one
State of a person surrendered to the other State by a third
country.
Article 19 contains provisions on representation and
expenses that are similar to those found in other modern U.S.
extradition treaties. Specifically, the Requested State is
required to advise, assist, appear in court on behalf of, and
represent the interests of the Requesting State in any
proceedings arising out of a request for extradition. The
Requested State also bears all expenses incurred in that State
in connection with the extradition proceedings, except that the
Requesting State pays expenses related to translation of
extradition documents and the transportation of the person
surrendered. Article 19(3) specifies that neither State shall
make any pecuniary claim against the other arising out of the
arrest, detention, examination, or surrender of persons under
the Treaty.
Article 20 provides that the United States Department of
Justice and the Lithuanian Office of the Public Prosecutor and
Ministry of Justice may consult with each other in connection
with the processing of individual cases and in furtherance of
efficient implementation of the Treaty.
Article 21 makes the Treaty applicable to offenses
committed before as well as after the date it enters into
force.
Article 22 contains final clauses dealing with the Treaty's
entry into force and termination. It provides that the Treaty
is subject to ratification and that the treaty shall enter into
force upon the exchange of instruments of ratification, which
is to take place as soon as possible. Either State may
terminate the Treaty with six months written notice to the
other State. Article 22(3) provides that, upon entry into force
of the Treaty, the Treaty of Extradition Between the United
States of America and the Republic of Lithuania, signed at
Kaunas, April 9, 1924, and the Supplementary Extradition Treaty
signed at Washington, May 17, 1934, shall cease to have any
effect. The same provision provides, nevertheless, that the
prior Treaties do apply to any extradition proceedings in which
the extradition documents have already been submitted to the
courts of the Requested State at the time the Treaty enters
into force, except that Article 17 of the Treaty (Consent to
Waiver of Extradition Proceedings) shall be applicable to such
proceedings and Article 16 of the Treaty (Rule of Speciality)
shall apply to persons found extraditable under the prior
Treaties.
Article 22(4) provides that, after entry into force of the
Treaty, with respect to any extraction proceedings in which the
request for extradition was received by the Requested State but
not submitted to its courts before entry into force, the
Requesting State may amend or supplement the request as
necessary in order for it to be submitted to the courts of the
Requested State under the Treaty.
A Technical Analysis explaining in detail the provisions of
the Treaty is being prepared by the United States negotiating
delegation, consisting of representatives from the Departments
of Justice and State, and will be transmitted separately to the
Senate Committee on Foreign Relations.
The Department of Justice joins the Department of State in
favoring approval of this Treaty by the Senate at the earliest
possible date.
Respectfully submitted,
Colin L. Powell.