1929, involves the omission of the fifth paragraph of that article, as set forth in the draft enclosed with your despatch under acknowledgment, as well as the fourth paragraph. In other words, the change agreed to by the Department would render the procedure in this country the same in cases of urgency as in other cases. In like manner, the change in the provisions of Article IX of the draft treaty, which the Department suggested in its last-mentioned instruction, in an effort to meet the views of the Greek Government, would involve the elimination of Article XII of the draft treaty since the provisions contained in the latter article would be found in Article IX. This would, of course, involve the renumbering of the last two articles of the draft enclosed with your despatch. 6 To set forth clearly the changes above enumerated as desirable and also because of a few errors of transcription in the draft you enclose, the Department transmits to you herewith a further draft which it hopes will be found acceptable to the Greek Government, and result in the early conclusion of a Treaty. Full powers will be sent to you for the signing of such a Treaty upon the receipt of your request therefor. I am [etc.] For the Acting Secretary of State: 211.68/51 The Secretary of State to the Minister in Greece (Skinner) No. 431 WASHINGTON, October 10, 1930. SIR: The Department has received your Legation's despatch No. 1433 of July 16, 1930 in further relation to the proposed Extradition Treaty between the United States and Greece. The Department accepts the suggestions made by the Greek Foreign Office for the following amendments of Article 2 of the draft treaty: The definition of murder in paragraph 1; The substitution in paragraph 2 of the following crime for the one contained in the draft: "Malicious wounding or inflicting grievous bodily harm with premeditation"; The raising of the age limit in paragraph 3 from 12 to 15 years; The elimination of the definitions of the crimes of burglary and larceny as contained in paragraphs 9 and 11 respectively; The elimination from paragraph 20 of the offense-"subornation of perjury." Respecting the proposed combination of paragraphs 9, 10, and 18, it may be observed that the offenses respectively covered by these paragraphs constitute separate and distinct crimes according to the laws "Not printed. of the United States and that, therefore, the Department would not desire to have them combined in a single paragraph. Concerning the suggested addition to paragraph 23 of Article 2, it may be said that the Department has no objection in principle to such addition but considers that it should be stated in the following terms:-"and other dependent persons, provided that the crime or offense is punishable by the laws of both countries". With relation to the suggested change in paragraph 27 of Article 2, it may be observed that the Department would have no objection to limiting the force of the paragraph so as to require as a prerequisite for extradition in the cases covered thereby that the penalty involved should be not less than a fixed term of imprisonment. However, the Department is not clear as to the force and effect of the distinction which the Foreign Office apparently attempts to draw between the case of a person condemned for a crime and one merely charged with a crime. Moreover, it is not perceived why such a distinction should be drawn. Accordingly, the Department desires further light upon the proposal of the Greek Government with respect to this matter. The Department would prefer that Article 7 of the draft treaty should remain in its present form so as to provide that a criminal claimed by two or more Powers shall be delivered to the State whose demand is first received. This would obviate possibly embarrassing situations which might arise should the Greek proposal be adopted and the surrendering State be left free to choose the Power to which the criminal should be delivered. Presumably a choice made under such circumstances would require careful consideration of the relative gravity of the crimes charged, and the choice when made might arouse resentment in the country whose request should be refused. Therefore, the Department desires you to endeavor to persuade the Greek Government to accept this Article as contained in the present draft. Regarding the suggested addition to Article 8, it may be stated that the Department would be willing to make such an addition and considers that it might properly be expressed in the following language: "except in cases where such citizenship has been obtained after the perpetration of the crime for which extradition is sought". It will be noted that this excludes the language of the Greek proposal apparently designed to make an exception only in the case where nationality was acquired with a view to defrauding the law. It would apparently be very difficult to reach a definite conclusion in a given case that citizenship was acquired for the purpose mentioned, and it is believed that it would be better to make a broad exception for all cases where citizenship was acquired in the surrendering country after the perpetration of the crime in question. The Department has no objection to agreeing that the Greek Government shall be accorded most-favored-nation treatment with respect to the provisions of Articles 9 and 11 of the Treaty and considers that an agreement to this effect might properly be contained in an exchange of notes at the time of signing the Treaty. In view of the fact that the Department has not been able to agree to all of the changes suggested by the Greek Government, it has been thought inadvisable to enclose with this instruction a modified draft of the Treaty. However, since most of the Greek suggestions have been met, the Department is hopeful that you will be able to persuade the Greek Government to refrain from pressing its suggestions in the few cases where they have not been accepted, and upon being so informed, by telegraph or otherwise, will send to your Legation promptly a modified draft of the Treaty and full powers for signing. Very truly yours, For the Secretary of State: J. P. COTTON 211.68/54 The Secretary of State to the Minister in Greece (Skinner) No. 472 WASHINGTON, March 9, 1931. SIR: The Department has received your despatch No. 1613, of February 5, 1931, in further relation to the proposed extradition treaty between the United States and Greece. In view of the explanation made by the Foreign Office respecting the change it desires to have made in paragraph 27 of Article 2, of the Treaty, the Department agrees to such change with a very slight modification of the suggested language, so that the sentence to be added shall read as follows: "However, extradition for participation or attempt will be accorded in the case of a suspected person only if the maximum of the possible punishment is two years or more, and, in the case of one condemned, only if the sentence pronounced by the jurisdiction of the demanding State is six months or more.' 99 With respect to the text of the note to be addressed by you to the Foreign Office regarding most-favored-nation arrangements, the Department suggests that a slight change be made in the language proposed by the Foreign Office so that the note shall then read as follows: "In signing today the treaty of extradition between the United States of America and the Hellenic Republic, I have the honor to declare to your Excellency, under the authority and in the name of my Government, that the Government of the United States will extend to Greece the most favorable treatment now accorded, or which may hereafter be accorded, by the United States to a third Power, with respect to matters dealt with in Articles 9 and 11 of the above mentioned treaty, particularly in that which concerns expenses of every 'Not printed. nature, including the usual charges, and the procedure to be followed after the demand for extradition." The Department authorizes you to exchange notes of the indicated tenor simultaneously with the signing of the treaty. There are enclosed full powers for signing and a modified draft of the treaty, including the changes which have been agreed upon by the two Governments since February 24, 1930, the date of the Department's instruction with which was enclosed the last draft of the treaty sent to you. Very truly yours, For the Secretary of State: Treaty Series No. 855 Extradition Treaty Between the United States of America and Greece, Together With Exchange of Notes Concerning Most-FavoredNation Treatment, Signed at Athens, May 6, 1931, and Protocol of Exchange of Ratifications 10 The United States of America and Greece, desiring to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the two countries and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America: Mr. Robert Peet Skinner, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Athens; and The President of the Hellenic Republic: Mr. Andreas Michalakopoulos, Vice President of the Government, Minister for Foreign Affairs; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I It is agreed that the Government of the United States and the Government of Greece shall, upon requisition duly made as herein provided, deliver up to justice any person, who may be charged with, or may have been convicted of, any of the crimes or offenses specified in Article II of the Present Treaty committed within the jurisdiction of one of the High Contracting Parties, and who shall seek an asylum or shall 8 Not printed. 9 See text as signed, infra. 10 In English and Greek; Greek text not printed. Ratification advised by the Senate, February 19 (legislative day of February 17), 1932; ratified by the President, March 10, 1932; ratified by Greece, October 13, 1932; ratifications exchanged at Washington, November 1, 1932; proclaimed by the President, November 1, 1932. be found within the territories of the other; provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed. ARTICLE II Persons shall be delivered up according to the provisions of the present Treaty, who shall have been charged with or convicted of any of the following crimes or offenses: 1. Murder (including crimes designated by the terms parricide, poisoning, infanticide, manslaughter when voluntary). 2. Malicious wounding or inflicting grievous bodily harm with premeditation. 3. Rape, abortion, carnal knowledge of children under the age of fifteen years. 4. Abduction or detention of women or girls for immoral purposes. 5. Bigamy. 6. Arson. 7. Wilful and unlawful destruction or obstruction of railroads, which endangers human life. 8. Crimes committed at sea: (a) Piracy, as commonly known and defined by the law of nations, or by statute; (b) Wrongfully sinking or destroying a vessel at sea or attempting to do so; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the Captain or Commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ship upon the high seas with intent to do bodily harm. 9. Burglary. 11 10. The act of breaking into and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, [insurance and other companies,] or other buildings not dwellings with intent to commit a felony therein. 11. Robbery. 12. Forgery or the utterance of forged papers. 13. The forgery or falsification of the official acts of the Government or public authority, including Courts of Justice, or the uttering or fraudulent use of any of the same. 11 See Protocol of Exchange, p. 385. |
