No. 6.
Mr. Putnam to Mr. Frelinghuysen

No. 127.]

Sir: The diplomatic questions raised by the United States in the matter of the extradition of the Collins brothers from Italy to Belgium, and of their transfer from Belgium to a third country, have led to a revision of the extradition treaty between Italy and Belgium of 1875.

I have the honor to send herewith the text of the amendments now in full force, and a translation of the same. I add, also, on page 4, the second section of article 3 of treaty of 1875.

The treaty as amended allows the trial and punishment for crimes and offenses other than that for which the party was extradited, with the consent of the state that granted the extradition.

A not less important amendment is that which allows the state which gets possession by extradition of an accused party to transfer him to a third country by a second extradition, with like consent.

This is undoubtedly intended to prevent in the future the application of the interpretation given by the United States to treaty of 1875, and which was accepted by the Belgian Government in the Collins case.

I have, &c.,

[Page 7]
[Inclosure in No. 127.—Translation.]

amendment of extradition treaty between belgium and italy.

The Government of His Majesty, the King of Belgium, and the Government of His Majesty, the King of Italy, having judged it expedient to modify, in certain respects, the extradition treaty of 15th January, 1875, have agreed upon the following declaration:

  • Article 1. Article 3 of the said treaty is amended as follows:
    The party extradited cannot be prosecuted or punished in the country to which the extradition has been granted, nor extradited to a third country for any crime or offense whatsoever, not named in the treaty of January 15, 1875, and previous to the extradition, unless, in either case, he has had a month’s liberty to leave again the said country after his trial, and, in case of conviction, after having suffered his penalty, or after having been pardoned. Neither can he be prosecuted for a crime or offense specified in the treaty, previous to the extradition, but other than that which has been the motive of the extradition without the consent of the government which has delivered up the extradited party, and which may in its discretion require the production of one of the documents mentioned in article 9 of the said treaty. The consent of the government shall also be required to permit the extradition of the accused to a third country. Nevertheless such consent shall not be necessary when the accused shall voluntarily demand his trial, or to undergo his sentence, or when he shall not have left, within the above-named period, the territory of the country to which he has been delivered.
    Extradition shall never be granted for political crimes or offenses. The person who may be delivered for any other violation of penal laws, can, in no case, be prosecuted or condemned for a political crime or offense committed previous to the extradition, nor for any act having relation to such a crime or offense, unless he has liberty to leave the country again under the conditions above specified.
  • Art. 2. The present treaty shall take effect ten days after its publication in the methods prescribed by the legislation of the two countries.

The preceding provisions shall have the same duration as the treaty of January 15, 1875, to which they relate.

In faith of which the undersigned have signed, &c.


Section 2 of article 3 of internation treaty of 1875 between Italy and Belgium

“Nor can he be prosecuted or condemned for any of the crimes or offenses anterior to the extradition which are not foreseen by the present convention, or which have not been the occasion of the demand, unless after having been punished for the crime or offense for which he has been prosecuted or punished, he has neglected to leave the country within the delay of one month, or that he should again have returned to it.”