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Treaty between Great Britain and Portugal for the Mutual Surrender of Fugitive Criminals [1894] CATSer 3 (19 March 1894)

E101305

TREATY BETWEEN GREAT BRITAIN AND PORTUGAL FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Most Faithful Majesty the King of Portugal and of the Algarves, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, the said High Contracting Parties have named as their Plenipotentiaries to conclude a Treaty for this purpose, (that is to say):

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir George Glynn Petre, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Most Faithful Majesty, &c.; and

His Most Faithful Majesty the King of Portugal and of the Algarves, Dom Antonio Ayres de Gouvéa, Bishop of Bethsaida, His Majesty's Minister and Secretary of State for Foreign Affairs, &c.;

Who, having communicated to each other their respective Full Powers, found in good and due form, have agreed upon and conclude the following Articles:-

ARTICLE 1

The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.

ARTICLE II

The crimes or offences for which the extradition is to be granted are the following:-

1. Murder (including assassination, infanticide, and poisoning), or attempt or conspiracy to murder.

2. Manslaughter.

3. Maliciously wounding or inflicting grievous bodily harm.

4. Assault occasioning actual bodily harm.

5. Counterfeiting or altering money, either metallic or of any other kind representing the first named, or uttering counterfeit or altered money of any of those kinds.

6. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin.

7. Forgery, counterfeiting or altering, or uttering what is forged or counterfeited or altered.

8. Embezzlement or larceny.

9. Malicious injury to property, if the offence be indictable.

10. Obtaining money, goods, or valuable securities by false pretences.

11. Receiving money, valuable security, or other property, knowing the same to have been stolen, embezzled, or unlawfully obtained.

12. Crimes against Bankruptcy Law.

13. Fraud by a bailee, banker, agent, factor, trustee, or director or member, or public officer, of any company, made criminal by any law for the time being in force.

14. Perjury, or subornation of perjury.

15. Rape.

16. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under 16 years of age.

17. Indecent assault.

18. Administering drugs or using instruments with intent to procure the miscarriage of a woman.

19. Abduction.

20. Bigamy.

21. Child-stealing.

22. Abandoning children, exposing or unlawfully detaining them.

23. Kidnapping and false imprisonment.

24. Burglary or house-breaking.

25. Arson.

26. Robbery with violence.

27. Any malicious act done with intent to endanger the safety of any person in a railway train.

28. Threats, by letter or otherwise, with intent to extort.

29. Piracy by law of nations.

30. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

31. Assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.

32. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.

33. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.

Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.

Extradition may also be granted, at the discretion of the State applied to, in respect of any other crime for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.

The Portuguese Government will not deliver up any person either guilty or accused of any crime punishable with death.

ARTICLE III

The Portuguese Government will not grant the extradition of any Portuguese subject, and Her Britannic Majesty's Government will not grant the extradition of any British subject; but in the case of a naturalized subject, this Article shall only be applicable if the naturalization was obtained previous to the commission of the crime giving rise to the application for extradition.

ARTICLE IV

The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Portuguese Government, has already been tried and discharged or punished, or is still under trial, within the territories of the two High Contracting Parties respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of the British Government, or if the person claimed on the part of the Portuguese Government, should be under examination, or is undergoing sentence under a conviction for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal, or on expiration of his sentence, or otherwise.

ARTICLE V

The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.

ARTICLE VI

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

ARTICLE VII

A person surrendered can in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or had an opportunity of returning, to the State by which he has been surrendered.

This stipulation does not apply to crimes committed after the extradition.

ARTICLE VIII

The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties respectively.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as according to the laws of the place where the accused is found would justify his arrest if the crime had been committed there.

If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnations passed against the convicted person by the competent Court of the State that makes the requisition for extradition.

A sentence passed in contumaciam is not to be deemed a conviction, but circumstances may cause a person so sentenced in contumaciam to be dealt with as an accused person.

ARTICLE IX

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.

ARTICLE X

If the fugitive has been arrested in the British dominions, he shall forthwith be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the dominions of Portugal, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows:-

1. A warrant must purport to be signed by a Portuguese Judge, Magistrate, or officer.

2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Portuguese Judge, Magistrate, or officer to be the original depositions or affirmations, or to be the true copies thereof, as the case may require.

3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Portuguese Judge, Magistrate, or officer.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or of some other Portuguese Minister; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing.

ARTICLE XI

If the fugitive has been arrested in the dominions of Portugal, his surrender shall be granted if, upon examination by a competent authority, it appears that the documents furnished by the British Government contain sufficient prima facie evidence to justify the extradition.

The Portuguese authorities shall admit as valid evidence records drawn up by the British authorities of the depositions of witnesses, or copies thereof, and records of conviction, or other judicial documents, or copies thereof: Provided that the said documents be signed or authenticated by an authority whose competence shall be certified by the seal of a Minister of State of Her Britannic Majesty.

ARTICLE XII

The extradition shall not take place unless the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the said State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction have been granted by the State applied to. In Her Britannic Majesty's dominions the fugitive criminal shall not be surrendered until the expiration of 15 days from the date of his being committed to prison to await his surrender.

ARTICLE XIII

If the individual claimed by one of the two High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers, on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE XIV

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribunal thereof, shall direct, the fugitive shall be set at liberty.

ARTICLE XV

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

ARTICLE XVI

All expenses connected with extradition shall be borne by the demanding State.

ARTICLE XVII

The stipulations of the present Treaty shall be applicable to the Colonies and foreign Possessions of both of the High Contracting Parties, so far as the laws for the time being in force in such Colonies and foreign Possessions respectively will allow.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign Possessions may be made to the Governor or chief authority of such Colony or Possession by the chief Consular authority of the other State in such Colony or Possession.

Such requisitions may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.

The High Contracting Parties shall, however, be at liberty to make special arrangements in their respective Colonies and foreign Possessions for the surrender of criminals who may take refuge therein, on the basis, as nearly as may be, and so far as the law of such Colony or foreign Possession will allow, of the provisions of the present Treaty.

Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign Possession of either of the High Contracting Parties shall be governed by the rules laid down in the preceding Articles of the present Treaty.

ARTICLE XVIII

The present Treaty shall come into force 10 days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties at any time on giving to the other six months' notice of its intention to do so.

The Treaty shall be ratified, and the ratifications shall be exchanged at Lisbon as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done in duplicate at Lisbon, the 17^th day of October, in the year of Our Lord 1892.

George G. Petre

A. Ayres De Gouvéa

PROTOCOL ATTACHED TO THE TREATY

(Extradition between British and Portuguese India)

The stipulations of the present Treaty do not apply to extradition between British and Portuguese India, which is reserved for ulterior negotiation.

Done in duplicate at Lisbon, the 30th day of November, in the year of Our Lord 1892.

George G. Petre

A. Ayres De Gouvéa