211.65/105
The Secretary of State to the Ambassador in Italy (Long)
Sir: I have received your despatch of April 3, 1934,18 with which you enclosed a copy and translation of a reply dated March 31, 1934, from the Italian Foreign Office, in response to your note proposing a resumption of the negotiations of a new treaty of extradition between the United States and Italy.
With regard to the draft of such a treaty which was enclosed with the Italian note, I may say this draft is in such a form as to render it largely unacceptable to the Government of the United States.
In the first place, this draft includes not only a proposed treaty of extradition but also provisions relating to judicial assistance in penal matters, such as sending witnesses abroad and forwarding copies of court proceedings in criminal cases. Provisions such as these are not [Page 604] contained in any of the extradition treaties of the United States and I do not consider that the Department is in a position to enter into a treaty containing such provisions.
The provisions of the draft relating to extradition are not satisfactory to this Government for the reasons, among others, that they do not provide for the submission of documents making out a prima facie case of guilt against the accused and that they provide for the payment of the expenses of extradition by the surrendering State. These provisions are not contained in any of the extradition treaties of the United States and this Government would not desire to provide for extradition except upon the submission of documents making out a probable cause for believing the accused to be guilty of the crime charged. Moreover, it considers that the expenses of extradition should equitably be paid by the government making the request therefor. In view of the system of government prevailing in the United States, any other method of providing for the payment of expenses would be difficult and, perhaps, impracticable.
Another serious objection to the Italian draft is that it provides that extradition procedure shall be conducted as between the ministeries of justice of the two countries. In the United States matters of international extradition are entrusted by law to the Secretary of State as the head of the Department conducting foreign affairs under the direction of the President.
In view of the foregoing it is desired that you carry out the instructions contained in the Department’s telegram No. 24 of April 5, 1934. If you consider it desirable you may in this relation refer to the objections above set forth which your Government finds to the Italian draft.
Since the Italian Government received from your Embassy on January 18, 1929, a proposed convention of extradition and indicated to the Embassy that the competent authorities were studying that draft, it is considered that the Italian Government should be willing to continue the negotiations where they were dropped in that year and indicate its views concerning the draft then submitted.
With regard to the respective lists of crimes contained in the two drafts, it is observed that the Italian draft does not cover the crime of murder, except so far as concerns “Voluntary Manslaughter”. Moreover, this list mentions certain crimes, such as “Acts of violent lechery”, which appear to have no meaning in the laws of the United States. However, this Government would be willing to include in the list of crimes the following crimes set forth in the Italian draft:
“Malicious infliction of grievous bodily harm”, and
“Fraudulent bankruptcy, and crimes against the bankruptcy laws committed by persons other than the bankrupt”, [Page 605] and to supplement the offense in the American list of “Wilful and unlawful destruction or obstruction of railroads, which endangers human life” by accepting the Italian proposal to cover “transport by sea or air”.
This Government would also desire to have the list of crimes cover the following, which is not contained in either list as submitted:
“Crimes or offenses against the laws relating to the traffic in narcotic drugs.”
Enclosure No. 2 with the note of the Italian Foreign Office on its face sets forth an alternative wording for Article 3 of the Italian draft. However, it seems that this suggested alternative should be properly regarded as relating to the provisions of Article 2 of the draft rather than Article 3.
Very truly yours,
- Not printed.↩