Extradition and Rendition : Background and Issues.

Intro -- EXTRADITION AND RENDITION: BACKGROUND AND ISSUES -- EXTRADITION AND RENDITION: BACKGROUND AND ISSUES -- CONTENTS -- PREFACE -- Chapter 1 EXTRADITION TO AND FROM THE UNITED STATES: OVERVIEW OF THE LAW AND RECENT TREATIES -- SUMMARY -- INTRODUCTION -- BARS TO EXTRADITION -- No Treaty -- No Treaty Crime -- MILITARY AND POLITICAL OFFENSES -- Capital Offenses -- Want of Dual Criminality -- Extraterritoriality -- Nationality -- Double Jeopardy -- Lapse of Time -- OTHER COMMON FEATURES -- Expenses and Representation -- Transfer of Evidence -- Transit -- CONSTITUTIONALITY -- PROCEDURE FOR EXTRADITION FROM THE UNITED STATES -- ARREST AND BAIL -- Hearing -- Review -- Surrender -- EXTRADITION FOR TRIAL OR PUNISHMENT IN THE UNITED STATES -- Specialty -- ALTERNATIVES TO EXTRADITION -- Waiver -- Immigration Procedures -- Irregular Rendition/Abduction -- Foreign Prosecution -- APPENDIX A. COUNTRIES WITH WHICH THE UNITED STATES HAS A BILATERAL EXTRADITION TREATY -- APPENDIX B. COUNTRIES WITH WHICH THE UNITED STATES HAS NO BILATERAL EXTRADITION TREATY -- End Notes -- Chapter 2 EXTRADITION TREATIES WITH THE EUROPEAN UNION -- REPORT -- I. PURPOSE -- II. BACKGROUND -- III. MAJOR PROVISIONS -- Extraditable Offenses: Modern Dual-Criminality Provisions -- Streamlined Authentication and Transmission of Documents -- Temporary Transfer of Persons -- Modern Approach to Competing Extradition Requests/Parity with the European Arrest Warrant -- Simplified Extradition Procedures if Extradition is Not Contested -- Transit Authority -- Death Penalty Assurances -- IV. BILATERAL INSTRUMENTS WITH 27 EU MEMBER STATES -- V. ENTRY INTO FORCE -- VI. IMPLEMENTING LEGISLATION -- VII. COMMITTEE ACTION -- VIII. COMMITTEE RECOMMENDATION AND COMMENTS -- A. PROVISIONAL ARREST -- B. RESOLUTIONS -- Declaration.

IX. RESOLUTIONS OF ADVICE AND CONSENT TO RATIFICATION AGREEMENT ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION -- Section 1. Senate Advice and Consent Subject to a Declaration and a Condition -- Section 2. Declaration -- Section 3. Condition -- PROTOCOL TO THE EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF AUSTRIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF BELGIUM -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF BULGARIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CYPRUS -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- SECOND SUPPLEMENTARY TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE CZECH REPUBLIC -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF DENMARK -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF ESTONIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- PROTOCOL TO THE EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FINLAND -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND FRANCE.

Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- SECOND SUPPLEMENTARY TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- PROTOCOL TO THE TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE HELLENIC REPUBLIC -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- PROTOCOL TO THE TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF HUNGARY -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND IRELAND -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE ITALIAN REPUBLIC -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LATVIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- PROTOCOL TO THE EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF LITHUANIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE GRAND DUCHY OF LUXEMBOURG -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND MALTA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF THE NETHERLANDS.

Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF POLAND -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE PORTUGUESE REPUBLIC -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND ROMANIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE SLOVAK REPUBLIC -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF SLOVENIA -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF SPAIN -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND KINGDOM OF SWEDEN -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- EXTRADITION INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND -- Section 1. Senate Advice and Consent Subject to a Declaration -- Section 2. Declaration -- X. ANNEX-TREATY HEARING OF MAY 20, 2008 -- Treaties -- OPENING STATEMENT OF HON. BENJAMIN L. CARDIN, U.S. SENATOR FROM MARYLAND -- STATEMENT OF SUSAN BINIAZ, DEPUTY LEGAL ADVISER, DEPARTMENT OF STATE, WASHINGTON, DC -- PREPARED STATEMENT OF SUSAN BINIAZ, DEPUTY LEGAL ADVISER, U.S. DEPARTMENT OFSTATE, WASHINGTON, DC.

EXTRADITION AND MUTUAL LEGAL ASSISTANCE AGREEMENTS WITH THE EUROPEAN UNION -- EXTRADITION AND MUTUAL LEGAL ASSISTANCE INSTRUMENTS WITH EU MEMBER STATES -- MUTUAL LEGAL ASSISTANCE TREATY WITH MALAYSIA -- STATEMENT OF BRUCE SWARTZ, DEPUTY ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, WASHINGTON, DC -- PREPARED STATEMENT OF BRUCE C. SWARTZ, DEPUTY ASSISTANT ATTORNEY GENERAL, CRIMINALDIVISION, DEPARTMENT OF JUSTICE, WASHINGTON, DC -- THE U.S.-EU EXTRADITION AGREEMENT AND ITS BILATERAL IMPLEMENTING INSTRUMENTS -- THE U.S.-EU MUTUAL LEGAL ASSISTANCE AGREEMENT AND ITS BILATERAL IMPLEMENTING INSTRUMENTS -- MUTUAL LEGAL ASSISTANCE TREATY WITH MALAYSIA -- CONCLUSION -- ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD -- Responses of Deputy Legal Adviser Susan Biniaz to Questions Submitted for the Record by Senator Biden -- Responses of Deputy Assistant Attorney General Bruce C. Swartz to Questions Submitted by Senator Biden -- End Notes -- Chapter 3 RENDITIONS: CONSTRAINTS IMPOSED BY LAWS ON TORTURE -- SUMMARY -- INTRODUCTION -- LIMITATIONS IMPOSED ON RENDITIONS BY THE CONVENTION AGAINST TORTURE AND IMPLEMENTING LEGISLATION -- CAT Limitation on the Transfer of Persons to Foreign States for the Purpose of Torture44 -- Domestic Implementation of CAT Article 3 -- The Role of Diplomatic Assurances in Transfer Decisions -- CRIMINAL PENALTIES FOR PERSONS INVOLVED IN TORTURE -- APPLICATION OF CAT AND IMPLEMENTING LEGISLATION TO THE PRACTICE OF EXTRAORDINARY RENDITIONS -- Renditions from the United States -- Renditions from Outside the United States -- Extraterritorial Application of CAT Article 3 -- Extraterritorial Application of Legislation Implementing CAT Article 3 -- CRIMINAL SANCTIONS FOR PARTICIPATION IN TORTURE -- OTHER STATUTES AND TREATIES RELEVANT TO THE ISSUE OF RENDITIONS -- 1949 Geneva Conventions -- War Crimes Act.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

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