Extradition

The United States and Costa Rica Extradition Treaty

The United States and Costa Rica entered into an Extradition treaty in 1982 which was accredited by the Costa Rican legislature in 1991.  The next is the extradition treaty between the United States and Costa Rica.

The Authorities of the United States of America and the Authorities of the Republic of Costa Rica

Desiring to supply for much more helpful cooperation between the two States in the repression of crime and Desiring to conclude a new Treaty for the reciprocal extradition of fugitives from justice,Have agreed as follows:

Short article 1. Obligation to Extradite The Contracting Get-togethers concur to extradite to every other, matter to the provisions in this Treaty, persons found in the territory of a person of the Contracting Get-togethers who have been charged with, are being attempted for, or have been found guilty of an extraditable offense in the Requesting Condition .

Short article 2. Extraditable Offenses(1) An offense shall be an extraditable offense if it may well be punished less than the laws of both equally Contracting Get-togethers by deprivation of liberty for a optimum period of time of much more than a person 12 months or by any greater punishment.(2) An offense shall also be extraditable if it is made up of an attempt to commit or participation in the commission of any offense explained in paragraph (1) of this Short article. Extradition shall also be granted for illicit affiliation, as furnished by the laws of Costa Rica , to commit any offense explained in paragraph (1) of this Short article, and for conspiring as furnished by the laws of the United States of America , to commit any this sort of offense.(three) For the function of this Short article, an offense shall be an extraditable offense:(a) Regardless of whether or not the laws of the Contracting Get-togethers location the offense in the same classification of offenses or denominate the offense by the same terminology or(b) Regardless of whether or not the offense is a person for which United States federal regulation requires, for the function of developing jurisdiction in a United States federal courtroom, proof of interstate transportation, or use of, or influence on, the mails or other amenities affecting interstate or foreign commerce.(four) When extradition has been granted for an extraditable offense, it may well also be granted for any other offense specified in the ask for for extradition, even if the other offense may well be punished by less than a person year’s deprivation of liberty in either Condition, furnished that all other prerequisites for extradition are fulfilled. The Requesting Condition shall submit the documentation expected by Short article nine for every offense for which extradition is requested pursuant to this paragraph.

Short article 3. Jurisdiction Extradition shall be granted for an extraditable offense irrespective of wherever the act or functions constituting the offense were committed.

Short article 4. Political and Army Offenses(1) Extradition shall not be granted when the offense for which extradition is requested is a political offense or if the Requested Condition establishes that extradition has been requested for the principal function of prosecuting or punishing a man or woman for an offense of a political character. Costa Rica shall not grant extradition for an offense linked with a political offense as lengthy as its Structure prohibits extradition for this sort of an offense.(2) For the uses of this Treaty, the next offenses shall not be regarded to be bundled in paragraph (1) of this Short article:(a) The murder or other willful crime from the lifestyle or actual physical integrity of a Head of Condition or Head of Authorities or of his family, like attempts to commit this sort of an offense.(b) An offense with respect to which the Contracting Get-togethers have the obligation to prosecute or to grant extradition by explanation of a multilateral global settlement.(three) Extradition shall not be granted when the offense for which extradition is requested is an offense of a purely armed forces mother nature.

Short article 5. Cash Punishment. When the offense for which extradition is requested is punishable by demise less than the laws of the Requesting Condition and the laws of the Requested Condition do not allow this sort of punishment for that offense, extradition may well be refused, unless of course, in advance of extradition is granted, the Requesting Condition furnishes this sort of assurances as the Requested Condition considers ample, that the demise penalty shall not be imposed, or, if imposed, shall not be executed.

Short article 6. Prior Jeopardy for the Very same Offense(1) Extradition shall not be granted when the man or woman sought is being attempted has been convicted, acquitted, or pardoned or has served the sentence imposed by the Requested Condition for the same offense arising out of the same functions for which extradition is requested.(2) Extradition may well be granted, even so, even if the capable authorities of the Requested Condition have made a decision to chorus from prosecuting the man or woman sought for the functions for which extradition is requested or to discontinue any prison proceedings which have been initiated from the man or woman sought.

Short article 7.  Statute of Limits. Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for which extradition has been sought has grow to be barred by lapse of time pursuant to the laws of the Requesting Condition

Short article 8. Extradition of Nationals (1) Neither of the Contracting Get-togethers shall be bound to surrender its nationals. The Requested Condition , even so, shall have the electricity to grant the extradition of its nationals if, in its discretion, this is deemed correct to do and furnished the constitution of the Requested Condition does not so preclude. In no celebration may well either Contracting Bash refuse to extradite a person of its nationals on the foundation of nationality just after the person’s nationality has been cancelled in accordance with the regulation of the Requested Condition .(2) The Requested Condition shall undertake all out there legal steps to suspend proceedings for the naturalization of the man or woman sought right up until a conclusion is made on the ask for for extradition and, if that ask for is granted, right up until that man or woman is surrendered.(three) If the Requested Condition refuses extradition on the foundation of nationality, it shall, at the ask for of the Requesting Condition , submit the case to its capable authorities for prosecution. If the Requested Condition requires further documents or evidence, this sort of documents or evidence shall be submitted with out demand to that Condition. The Requesting Condition shall be educated of the final result of its ask for.

Short article 9. Extradition Methods and Needed Files(1) The ask for for extradition shall be made by a diplomatic agent of the Requesting Condition or, if none is current, by a consular officer of that Condition.(2) The ask for for extradition shall have:(a) Facts relating to the id of the man or woman sought and the place wherever the man or woman may well be found, if recognized and(b) A temporary statement of the facts of the case.(three) The ask for for extradition shall be accompanied by documents which have:(a) A thorough explanation of the pertinent facts of the case(b) Proof that the man or woman sought is the man or woman charged or convicted(c) The textual content and an explanation of the regulation describing the offenses and the penalties therefor and(d) The textual content and an explanation of the regulation environment forth the statute of constraints applicable to the demo and punishment therefor.(four) When the ask for for extradition relates to a man or woman who has not yet been convicted, it shall be accompanied by:(a) A copy of the charging doc, or an equal doc issued by a judge or judicial authority and(b) These kinds of evidence, as in accordance with the laws of the Requested Condition , would be required to justify the apprehension and dedication for demo of the man or woman sought if the offense had been committed there.(5) When the ask for for extradition relates to a convicted man or woman, it shall be accompanied by a copy of the judgment of conviction or a statement by a capable judicial authority of the Requesting Condition that the man or woman has been convicted.(6) All documents transmitted by the Requesting Condition shall be translated, in either the Requesting or the Requested Condition , into the language of the Requested Condition .

Short article 10. Added Documentation (1) If the Requested Condition considers that the documents furnished in support of the ask for for the extradition of a man or woman sought are not ample to satisfy the prerequisites of this Treaty, that Condition shall ask for the submission of required further documents. The Requested Condition may well set a time restrict for the submission of this sort of documents, and may well grant a acceptable extension of the time restrict upon application of the Requesting Condition environment forth reasons there for.(2) If the man or woman sought is in custody and the further documents submitted are not ample, or if this sort of documents are not obtained in the period of time specified by the Requested Condition , that man or woman may well be discharged from custody. These kinds of discharge shall not prejudice the re-arrest and the extradition of the man or woman if the further documents are subsequently obtained.

Short article 11. Provisional Detention (1) In case of urgency, either Contracting Bash may well ask for the provisional detention of any charged or convicted man or woman. Application for provisional detention shall be made either by way of the diplomatic channel or right between the Section of Justice of the United States of America and the Ministerio de Justicia of the Republic of Costa Rica .(2) The application shall have info pinpointing the man or woman sought the place of that man or woman, if recognized a temporary statement of the facts of the case a statement of the existence of a warrant of arrest or an purchase of detention issued by a judicial authority, or a judgment of conviction from that man or woman and a statement that a ask for for extradition of the man or woman will adhere to.(three) On receipt of this sort of an application, the Requested Condition shall just take the acceptable steps to protected the detention of the man or woman sought. The Requesting Condition shall be promptly notified of the benefits of its application.(four) Provisional detention shall be terminated if, in a period of time of 60 times just after the apprehension of the man or woman sought, the Requested Condition has not obtained the ask for for extradition and the supporting documents expected by Short article nine. (5) The termination of provisional detention pursuant to paragraph (four) of this Short article shall not prejudice the extradition of the man or woman sought if the extradition ask for and the documents stated in Short article nine are sent later.

Short article 12.  Detention and ReleaseA man or woman detained pursuant to the Treaty shall not be produced right up until the extradition ask for has been at last made a decision, unless of course this sort of release is expected less than the extradition regulation of the Requested Condition or unless of course this Treaty presents for this sort of release.

Short article 13. Final decision and Surrender (1) The Requested Condition shall promptly talk by way of the diplomatic channel to the Requesting Condition its conclusion on the ask for for extradition.(2) The Requested Condition shall supply the reasons for any partial or comprehensive rejection of the ask for for extradition.(three) If extradition has been granted, surrender of the man or woman shall just take location in this sort of time as may well be prescribed by the regulation of the Requested Condition . The Contracting Get-togethers shall concur on the time and location of the surrender of the man or woman sought. If, even so, that man or woman has not left the territory of the Requested Condition in the prescribed time, that man or woman may well be set at liberty

Short article 14.  Deferred Surrender or Momentary Surrender(1) If the extradition ask for is granted in the case of a man or woman who is being prosecuted or is serving a sentence in the territory of the Requested Condition for a distinct offense, the Requested Condition may well defer the surrender of the man or woman sought right up until the conclusion of the proceedings from that man or woman or the complete execution of the sentence that may well be, or may well have been, imposed.(2) If the extradition ask for is granted in the case of a man or woman who is serving a sentence in the territory of the Requested Condition for a distinct offense, the Requested Condition may well quickly surrender the man or woman sought to the Requesting Condition for the function of prosecution. The man or woman so surrendered shall be stored in custody whilst in the Requesting Condition and shall be returned to the Requested Condition just after the conclusion of the proceedings from that man or woman in accordance with situations to be decided by mutual settlement of the Contracting Get-togethers.

Short article 15.  Requests by Various States(1) The Requested Condition , upon acquiring requests from the other Contracting Bash and from a person or much more other States for the extradition of the same man or woman, either for the same offense or for distinct offenses, shall, in its discretion, determine to which Condition it will surrender that man or woman. In earning its conclusion, it may well look at applicable aspects like:(a) The Condition in which the offense was committed(b) The gravity of the offenses if the States are trying to find the man or woman for distinct offenses(c) The likelihood of re-extradition between the Requesting States and(d) The purchase in which the requests were obtained from the Requesting States.(2) Choice shall always be presented to an extradition ask for made pursuant to an extradition treaty.

Short article 16.  Rule of Speciality(1) A man or woman extradited less than this Treaty may well be detained, attempted, or punished in the Requesting Condition only for:(a) The offense for which extradition has been granted(b) A lesser bundled offense(c) An offense committed just after the extradition or(d) Any offense for which the Requested Condition consents to the person’s detention, demo, or punishment. For uses of this paragraph, the Requested Condition may well demand the submission of the documents stated in Short article nine.(2) A man or woman extradited less than this Treaty may well not be extradited to a 3rd Condition unless of course the Requested Condition consents.(three) Absolutely nothing in paragraphs (1) and (2) of this Short article shall avoid the detention, demo, or punishment of an extradited man or woman in accordance with the laws of the Requesting Condition or the extradition of that man or woman to a 3rd Condition, is: (a) The man or woman has left the territory of the Requesting Condition just after extradition and has voluntarily returned to it or(b) The man or woman has not left the territory of the Requesting Condition in 30 times from the day on which that man or woman was no cost to go away

Short article 17.  Simplified Extradition If the man or woman sought agrees in producing to removal to the Requesting Condition just after individually being advised by a capable judicial authority that the man or woman sought has the proper to a formal extradition proceeding and that the surrender shall not be matter to Short article 16, the Requested Condition may well surrender that man or woman with out this sort of a proceeding.

Short article 18.  Surrender of Posts, Instruments, Objects, and Files(1) All content, devices, objects of benefit, documents, and other evidence relating to the offense may well be seized and, upon granting of extradition, surrendered to the Requesting Condition . The residence stated in this Short article may well be surrendered even when extradition cannot be granted or effected owing to the demise, disappearance, or escape of the man or woman sought. The rights of 3rd parties in this sort of residence shall be duly highly regarded.(2) The Requested Condition may well affliction the surrender of the residence upon satisfactory assurances from the Requesting Condition that the residence will be returned to the Requested Condition as shortly as practicable, and may well defer its surrender if it is essential as evidence in the Requested Condition .

Short article 19.  Transit (1) Both Contracting Bash may well authorize transit by way of its territory of a man or woman surrendered to the other Bash by a 3rd Condition. The Contracting Bash requesting transit shall supply the transit Condition, by way of diplomatic channels, with a ask for for transit which shall have a description of the man or woman being transmitted and a temporary statement of the facts of the case.(2) No this sort of authorization is expected wherever air transportation is made use of and no landing is scheduled in the territory of the other Contracting Bash. If an unscheduled landing happens in the territory of that Bash, it shall detain the man or woman for a period of time not exceeding 96 several hours whilst awaiting the ask for for transit pursuant to paragraph (1) of this Short article.

Short article 20.  Representation (1) The Section of Justice of the United States of America shall advise, aid, and represent, or supply for the representation of, the Republic of Costa Rica in any proceedings in the United States arising out of a ask for for extradition made by Costa Rica .(2) The Business office of the Lawyer Common of the Republic of Costa Rica shall advise, aid, and represent, or supply for the representation of, the United States of America in any proceedings in Costa Rica arising out of a ask for for extradition made by the United States .(three) The representation functions set forth in paragraphs (1) and (2) of this Short article may well be assumed by any successor agency specified by the laws of the influenced Condition.

Short article 21.  Fees(1) The Requesting Condition shall shell out charges connected to the translation of documents and the transportation of the man or woman sought from the location of the extradition proceeding to the Requesting Condition . The Requested Condition shall shell out all other charges connected to the extradition ask for and proceedings.(2) The Requested Condition shall make no pecuniary claim from the Requesting Condition arising out of the arrest, detention, evaluation, and surrender of persons sought less than the phrases of this Treaty.

Short article 22.  Scope of Application The methods established by this Treaty shall use to offenses committed in advance of as nicely as just after the date this Treaty enters into pressure.A

Short article 23.  Ratification and Entry into Drive (1) This Treaty shall be matter to ratification the devices of ratification shall be exchanged at Washington as shortly as attainable.(2) This Treaty shall enter into pressure quickly upon the exchange of the devices of ratification.(three) On the entry into pressure of this Treaty, the Treaty between the United States of America and the Republic of Costa Rica , signed at San Jose , November ten, 1922, shall stop to have influence.

Short article 24.  Denunciation Both Contracting Bash may well denounce this Treaty at any time by providing penned see to the other Bash, and the denunciation shall be helpful six months just after the date of receipt of this sort of see.

Carried out at San Jose , in replicate, in the English and Spanish languages, both equally texts being similarly genuine, this fourth day of December, 1982.

FOR THE UNITED STATES OF America :President of the United States of America FOR THE REPUBLIC OF COSTA RICA :President of the Republic of Costa Rica No. 202

San Jose December 16, 1982. His Excellency Fernando Volio Jimenez,Ministry of International Relations, Republic of Costa Rica Excellency:

I have the honor to refer to the Extradition Treaty between the United States of America and the Republic of Costa Rica signed on December four, 1982, and in unique to Posts 2 and 16 thereof.Short article 2 of the Treaty broadly defines offenses which are extraditable in purchase to insure that all felonies punishable less than the laws of both equally Contracting Get-togethers are extraditable. For the duration of the negotiations, issues arose as to whether offenses less than specific elaborate United States statutes fall in the definition of extraditable offenses. It is understood that, notwithstanding any variances in the categorization of the offenses less than the laws of the Contracting Get-togethers and the terminology made use of to outline these offenses, it is the intent of both equally Get-togethers that this sort of offenses be protected as lengthy as there is an analogous offense less than the laws of every Bash. For illustration, it is understood that an offense less than Segment 848, Title 21, United States Code, which proscribes partaking in a continuing prison company with 5 or much more other persons to commit a sequence of serious offenses less than the narcotics handle laws of the United States, will be regarded by the Authorities of Costa Rica to be analogous to the offenses proscribed by Short article 272 or Short article 372 of the Penal Code of Costa Rica, and, for that reason, to be an extraditable offense less than the Treaty. As yet another illustration, it is understood that an offense less than Segment 1962(c), Title 18, United States Code, which prohibits taking part in conducting the affairs of an company by way of a sample of racketeering exercise, will be regarded by the Authorities of Costa Rica to be analogous to the offense of illicit affiliation less than Short article 272 of its regulation and, for that reason, to be an extraditable offense.It is also understood that fiscal offenses which may well be punished by a optimum period of time of deprivation of liberty in excessive of a person 12 months in both equally States are extraditable offenses less than the Treaty.Short article 16 of the Treaty sets forth the rule of speciality applicable to extradited persons. Paragraph (1)(b) of that Short article presents that a man or woman who has been extradited less than the Treaty may well be detained, attempted, or punished in the Requesting Condition not only for the offense for which that man or woman was extradited, but also for an offense of a lesser degree of culpability which is based on the same facts as the offense for which extradition was granted. For illustration, this paragraph would allow the Requesting Condition to try out a man or woman for involuntary manslaughter just after the man or woman had been extradited for murder, with out very first acquiring the consent of the Requested Condition . Though the English and Spanish texts use distinct terminology in paragraph (1) (b) of Short article 16, it is understood that the terminology made use of has the same influence in the legal methods of the United States and Costa Rica .I would take pleasure in a observe from your Excellency confirming that the understandings explained over are also the understandings of the Authorities of Costa Rica.Take, Excellency, the renewed assurances of my greatest and most distinguished consideration./s/ Francis J. McNeil.Section of Condition,Division of Language Solutions,

San Jose , December 16, 1982.(TRANSLATION)LS No. 108430, JRP/Ads, Spanish.No. 577-eighty two/D.G.M.His Excellency Francis J. McNeil,Ambassador, Embassy of the United States of America , San Jose.

Mr. Ambassador: I have the honor to acknowledge receipt of Your Excellency’s observe No. 202 of this date, which reads as follows:[The Spanish translation of observe No. 202 agrees in all substantive respects with the authentic English textual content.]I am delighted to notify Your Excellency that the Authorities of Costa Rica totally agrees with the over observe, whose textual content is definitely appropriate.I avail myself of this option to renew to Your Excellency the assurances of my distinguished consideration.Fernando Volio Jimenez,Minister of International Affairs and Worship,Republic of Costa Rica .Resolution of consent to notification by the SenateResolution of RatificationResolved, (two-thirds of the Senators current concurring therein). That the Senate advise and consent to the ratification of the Treaty of Extradition In between the United States of America and the Republic of Costa Rica signed at San Jose on December four, 1982 collectively with a connected exchange of notes signed on December 16, 1982

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