251.11 Insull, Samuel/251
The Minister in Greece (MacVeagh) to the Secretary of
State
No. 39
Athens, November 10,
1933.
[Received November 29, 1933.]
Sir: I have the honor to report that in
compliance with the Department’s urgent telegram No. 55 of November
4, 11 a.m.,40 I
presented its contents to the Hellenic Government as directed, thus
conveying formal notice of the denunciation of the extradition
treaty. A copy of my note No. F. O. 263/33 is enclosed herewith.
I also enclose a copy of a translation of the Foreign Minister’s note
in reply, the substance of which I communicated to the Department by
my telegram No. 114 of November 9, 10 p.m.40
Respectfully yours,
[Enclosure 1]
The American Minister (MacVeagh) to the Greek Minister for Foreign
Affairs (Maximos)
F.O. No. 263/33
Athens, November 5,
1933.
Excellency: I am instructed to inform
Your Excellency that the United States Government has learned
with astonishment that the Greek authorities have again declined
to honor the request of the United States for the extradition of
Samuel Insull, a fugitive from American justice.
[Page 566]
My Government finds it difficult to reconcile this unusual
decision with the admission of the competent authorities that
the fugitive committed the acts with which he was charged and
that these acts are illegal and fraudulent both in the United
States and in Greece. Without going into details of the decision
it is generally believed that the authorities attempted actually
to try the case instead of confining themselves to ascertaining
whether the evidence submitted by the United States Government
was sufficient to justify the fugitive’s apprehension and
commitment for trial. There can be no doubt that the question of
criminal intent referred to by the Hellenic Court would be
fairly and judiciously passed upon by the courts in the United
States. I am directed to add that my Government considers the
decision utterly untenable and a clear violation of the
American-Hellenic treaty of extradition signed at Athens May
6th, 1931.
Inasmuch as the Greek authorities have now seen fit on two
occasions to deny the just requests of the United States made
under the provisions of the above mentioned treaty, it is
apparent that this treaty, although similar in terms to treaties
which the United States has found effective in extraditing
fugitives from other countries, cannot be relied upon to effect
the extradition of fugitives who have fled to Greece. My
Government therefore considers that from the American point of
view the treaty is entirely useless. Accordingly I am instructed
to give formal notice herewith of my Government’s denunciation
of the treaty with a view to its termination at the earliest
date possible under its pertinent provisions.41
I avail myself [etc.]
[Enclosure 2–Translation]
The Greek Minister for Foreign Affairs
(Maximos) to the
American Minister (MacVeagh)
No. 46071/1/8
Athens, November 9,
1933.
Mr. Minister: By your note of the 5th
instant, No. 263/33, you have informed me that, in consequence
of the decision handed down by the Court of Appeals of Athens in
the Insull case, the Government, of the United States has judged
it expedient to denounce the treaty of extradition signed May 6,
1931, with a view to its termination at the earliest date
possible under its pertinent provisions.
In taking cognizance of your communication I think it is my duty
to point out that it was in virtue of an express provision of
the treaty in question that the Court of Appeals entered into
the examination of the
[Page 567]
substance of the case. Indeed, by an exception to the principle
usually underlying conventions of this nature, the treaty of
extradition of the 6th of May, 1931 contains in its first
article the following clause, due to a suggestion made by the
Government of the United States during the negotiations:
“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 has been
there committed.”
It is pertinent to point out that all the extradition treaties
concluded by Greece, except that with Great Britain, are based
on the exactly contrary principle, namely that it is not
permissible for the Court considering the request for
extradition to inquire into the basis of the charges preferred
against the defendant. The adoption of such a system obviously
facilitates the task of the authorities charged with deciding on
requests for extradition, and it is noteworthy that its use in
Greece over a considerable period of time has not yet given rise
to any serious difficulties.
I earnestly hope, Mr. Minister that the foregoing explanation
will throw some light upon this matter and will help to clear up
a misunderstanding which cannot but cause the Hellenic
Government the most sincere regrets.
Please accept [etc.]
