211.68/144
The Secretary of State to the Minister in Greece (MacVeagh)
Sir: Reference is made to the Department’s telegram No. 55 dated November 4, 1933, and to your telegram No. 114 dated November 9, 1933,17 concerning the abrogation of the Treaty of Extradition concluded on May 6, 1931, between the United States and Greece.18
Consideration has been given recently to the matter of withdrawing the notice of abrogation in order that the treaty may be continued in force. You no doubt will recall that the notice of abrogation resulted from the determination by the Greek courts that under the treaty they are required to examine into the question of the guilt of the fugitive whose extradition is sought and that they are not limited merely to ascertaining whether the evidence submitted by the United States is sufficient to justify the apprehension of the accused and his commitment for trial.
The opposing view taken by this Government finds support in the practice followed by substantially all other nations in interpreting similar treaty provisions with the United States. It is possible that after further consideration the Greek authorities may be disposed to adopt a similar view, especially as it is stated in your telegram referred to that with the exception of the one with Great Britain all other extradition treaties concluded by Greece are based on the principle that it is not permissible for the court considering the request for extradition to inquire into the basis of the charges preferred against the accused.
Unless the Greek authorities are disposed to interpret the treaty with respect to which you gave notice of abrogation, in the same manner in which it is interpreted by this Government, it appears that little useful purpose would be served in withdrawing the notice of denunciation. With a view to determining whether the notice should be withdrawn it is desired that you discuss the matter informally with the Greek authorities and report concerning their attitude toward the proposed action.
It may be pointed out in this relation that the Department would [Page 428] not be disposed to withdraw the notice in the absence of a formal assurance by the Greek Government that it accepts the interpretation of this Government with respect to the extent of the hearing to be accorded a person charged. This could perhaps best be accomplished by the conclusion of a protocol. I attach a draft of such a protocol which you are permitted to use in your discussions if the occasion presents itself. If the Greek authorities are disposed to accept the views of this Government and to set forth their concurrence in a protocol, doubtless the withdrawal of the notice of abrogation and the signature of the protocol would take place simultaneously.
Very truly yours,
- Neither printed.↩
- For text of treaty, see Foreign Relations, 1931, vol. ii, p. 378.↩