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Treaty between the United Kingdom and Cuba for the Mutual Surrender of Fugitive Criminals [1905] CATSer 2 (22 May 1905)

E101259

TREATY BETWEEN THE UNITED KINGDOM AND CUBA FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Excellency the President of the Republic of Cuba, having determined, by common consent, to conclude a Treaty for the extradition of criminals, have accordingly named as their Plenipo­tentiaries:

His Majesty the King of the United Kingdom of Great Britain and Ireland, Lionel E. G. Carden, Esq., Minister Resident of Great Britain in Cuba and His Excellency the President of the Republic of Cuba, Carlos E. Ortiz y Coffigny, Secretary of State and Justice; who, after having exhibited to each other their respective full powers and found them in good order and due form, have agreed upon the following Articles: -

ARTICLE I

The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article II, committed in the territory of the one Party, shall be found within the territory of the other Party.

ARTICLE II

Extradition shall be reciprocally granted for the following crimes or offences: -

1. Murder, or attempt or conspiracy to murder.

2. Manslaughter.

3. Administering drugs or using instruments with intent to procure the miscarriage of women.

4. Rape.

5. Carnal knowledge, or any attempt to have carnal knowledge of a girl under the age of puberty according to the laws of the respective countries.

6. Indecent assault.

7. Kidnapping and false imprisonment, child-stealing.

8. Abduction.

9. Bigamy.

10. Maliciously wounding or inflicting grievous bodily harm.

11. Assault occasioning actual bodily harm.

12. Threats, by letter or otherwise, with intent to extort money or other things of value.

13. Perjury or subornation of perjury.

14. Arson.

15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement.

16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any Company.

17. Obtaining money, valuable security, or goods by false pre­tences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.

18. (a) Counterfeiting or altering money or bringing into circu­lation counterfeited or altered money.

(b) Knowingly making without lawful authority any instrument, tool, or engine adapted and intended for the counterfeiting of the coin of the realm.

(c) Forgery, or uttering what is forged.

19. Crimes against bankruptcy law.

20. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.

21. Malicious injury to property, if such offence be indictable.

22. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Con­tracting Parties, are extradition offences, and are punishable by more than one year’s imprisonment.

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

Extradition shall also be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both 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 law of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE III

Neither Party is obliged to surrender its own subjects or citizens to the other Party.

ARTICLE IV

Extradition shall not take place if the person claimed on the part of His Majesty’s Government, or of the Government of Cuba, has already been tried and discharged or punished, or is awaiting trial in the territory of the United Kingdom or in the Republic of Cuba respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of His Majesty’s Government, or of the Government of Cuba, should be awaiting trial or under­going sentence for any other crime in the territory of the United Kingdom or in the Republic of Cuba respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence, or otherwise.

ARTICLE V ­

Extradition shall not be granted if exemption from prosecu­tion or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.

Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.

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 proves 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 shall 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 has 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 a copy of the Judgment passed on the convicted person by the competent Court of the State that makes the requisi­tion for extradition.

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

A criminal fugitive may be apprehended under a warrant issued by any competent authority in either country, on such infor­mation or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Par­ties in which the said authority exercises jurisdiction; provided, however, that in the United Kingdom accused shall, in such case, be sent as speedily as possible before a Police Magistrate. In the Republic of Cuba the Government will decide by Administrative procedure on everything connected with extradition until a special procedure on the subject be established by law.

ARTICLE XI

The extradition shall take place only if 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 same State, or if extradition is claimed in respect of an offence of which the fugitive has been already convicted, to prove that the prisoner is the person convicted, and 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.

ARTICLE XII

In the examination which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, 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 Judge, Magistrate, or officer of the other State.

2. Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a Judge, Magistrate, or officer of the other State, to be the original depositions or affirmations, or to be 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 Judge, Magistrate, or officer of the other State.

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 some other Minister of the other State; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be sub­stituted for the foregoing.

ARTICLE XIII

If the individual claimed by one of the 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 the 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 of such articles, 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 His Britannic Majesty, so far as the laws 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, shall be made to the Governor or Chief authority of such Colony or posses­sion by the chief Consular officer of the Republic of Cuba in such Colony or possession.

Such requisition 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.

His Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of Cuban criminals who may take refuge within such Colonies and foreign possessions, on the basis, so far as the law of such Colony or foreign possessions 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 His Britannic Majesty shall be governed by rules laid down in the preceding Articles of the present Treaty.

ARTICLE XVIII

The present Treaty shall come into force ten 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 by a notice not exceeding one year, and not loss than six months.

It shall be ratified, after receiving the approval of the Senate of the Republic of Cuba, and the ratifications shall be exchanged at Havana as soon as possible.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.

DONE in duplicate at Havana, the third day of October, nineteen hundred and four.

Lionel Carden

Carlos E. Ortiz