211.18/27
The Minister in Costa Rica (Davis) to the Secretary of State
[Received June 28.]
Sir: I have the honor to refer to my cablegram number 32, dated June 14, 10 a.m.,10 reporting the ratification with modifications of the Extradition Treaty between the United States and Costa Rica.
As reported in my despatch numbered 46, dated June 9, 1922,10 Congress voted on June 7th to modify the Treaty so as to make it impossible to inflict the death penalty in cases of extradition, and in accordance with this decision the following amendment, which was made the concluding article of the Treaty, was proposed and passed on June 12th:
“Article 2. The delivery that the Republic of Costa Rica may make of a person by virtue of this Treaty will be made under the [Page 986] understood condition that capital punishment shall not be applied to the criminal.”
Immediately upon the ratification of the Treaty in its modified form it was sent to the President, who signed the same as an official decree of this Government. I have the honor to transmit with this despatch a copy of the Decree of Congress, No. 19, showing the Treaty in its modified form, together with a translation of the same.11
I understand that those opposed to the Treaty based their objections upon the following grounds:
1. That Article 45 of the Constitution of Costa Rica prohibits capital punishment. This Article reads as follows: “Human life is inviolable in Costa Rica”.
2. That Section 7 of Article 11, Title I, Chapter II, of the Penal Code of Costa Rica also prohibits capital punishment. This Section reads as follows:
“Article 11. Extradition will not be granted in any of the following cases: …12 Section 7. When the action on which extradition of the criminal is claimed may be punishable by the death penalty in the State making the claim, except it agrees to apply one (a penalty) inferior”.
In this connection I desire to call the attention of the Department to the fact that the above Article is a part of the so-called Tinoco Penal Code of 1918, which I understand is not now the recognized Penal Code of Costa Rica.
3. That all Extradition Treaties approved by Costa Rica contain a provision similar to the one proposed for the Treaty with the United States. In this connection I called the attention of this Government to the Treaty between Costa Rica and Nicaragua, which apparently does not contain such a provision.
4. That on account of humanitarian reasons Costa Rica could not approve of extradition where the death penalty is contemplated.
. . . . . . . . . . . . . .
I have [etc.]