No. 6.
Mr. Putnam
to Mr. Frelinghuysen
Legation of
the United States,
Brussels, January 24, 1882.
(Received February 9.)
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:
- 1st.
- 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.
- 2d.
- 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.
Made in double copies at
Rome, December 30, 1881.
[Translation.]
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.”