Extradition Act of 1981: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1639, October 14, 1981 |
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2d Cir 5th Cir Abu Eain accused alleged Andersonstown applicable treaty arrest Artukovic Attorney bail Belfast bombing British Army Castioni cert committed complaint Court of Appeals criminal decision defense denied determination District Court evidence executive branch Extradition Act extradition hearing extradition proceedings extradition request extradition treaties fact Ferrandina filed finding foreign country foreign government fugitive Garrett Government's habeas corpus international extradition Irish Republican Army issue judge judicial Judiciary jurisdiction legislation magistrate Magistrate's Masterson McMullen ment Northern Ireland pending permits person sought petition petitioner PIRA political character political crimes political disturbance political offense exception political uprising probable cause procedure provisions pursuant release Republic of Ireland requested Party requesting country requires rule Secretary Senate Sindona Sinn Fein Soldier specific standard statement statute Strom Thurmond subsection Supp supra note surrender terrorist testimony Thurmond Tiberias tion trial United Kingdom United States Code violence warrant Wilkes Yasin
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Page 261 - If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention ; and he shall issue his warrant for the commitment of the person...
Page 213 - In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
Page 144 - In dealing with probable cause, ... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.
Page 163 - A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character...
Page 51 - I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical.
Page 44 - that whoever drew blood in the streets should be punished with the utmost severity," was held after long debate not to extend to the surgeon, who opened the vein of a person that fell down in the street with a fit. 5. But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it.
Page 165 - ... there must be two or more parties in the State, each seeking to impose the Government of their own choice on the other...
Page 280 - But even if courts could require full disclosure, the very nature of executive decisions as to foreign policy is political, not judicial. Such decisions are wholly confided by our Constitution to the political departments of the government, Executive and Legislative. They are delicate, complex, and involve large elements of prophecy. They are and should be undertaken only by those directly responsible to the people whose welfare they advance or imperil. They are decisions of a kind for which the...
Page 262 - The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court.
Page 261 - Magistrates, respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient...