U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

99–118

" SENATE ! 104TH CONGRESS

1st Session

TREATY DOC.

1995

104–5

EXTRADITION TREATY WITH HUNGARY

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED

STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC

OF HUNGARY ON EXTRADITION, SIGNED AT BUDAPEST ON DECEMBER 1, 1994

MAY 8, 1995.—Treaty was read the first time and, together with the

accompanying papers, referred to the Committee on Foreign Relations

and ordered to be printed for the use of the Senate

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, May 8, 1995.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to

ratification, I transmit herewith the Treaty Between the Government of the United States of America and the Government of the

Republic of Hungary on Extradition, signed at Budapest on December 1, 1994. Also transmitted for the information of the Senate is

the report of the Department of State with respect to this Treaty.

The Treaty is designed to update and standardize the conditions

and procedures for extradition between the United States and Hungary. Most significantly, it substitutes a dual-criminality clause for

the current list of extraditable offenses, thereby expanding the

number of crimes for which extradition can be granted. The Treaty

also provides a legal basis for temporarily surrendering prisoners

to stand trial for crimes against the laws of the Requesting State.

The Treaty further represents an important step in combatting

terrorism by excluding from the scope of the political offense exception serious offenses typically committed by terrorists, e.g., crimes

against a Head of State or first family member of either Party, aircraft hijacking, aircraft sabotage, crimes against internationally

protected persons, including diplomats, hostage-taking, narcoticstrafficking, and other offenses for which the United States and

Hungary have an obligation to extradite or submit to prosecution

by reason of a multilateral treaty, convention, or other international agreement. The United States and Hungary also agree to

exclude from the political offense exception major common crimes,

such as murder, kidnapping, and placing or using explosive devices.

The provisions in this Treaty follow generally the form and content or extradition treaties recently concluded by the United States.

Upon entry into force, it will supersede the Convention for the Mutual Delivery of Criminals, Fugitives from Justice, in Certain Cases

Between the Government of the United States of America and the

Austro-Hungarian Empire, signed at Washington, July 3, 1856,

with certain exceptions.

This Treaty will make a significant contribution to international

cooperation in law enforcement. I recommend that the Senate give

early and favorable consideration to the Treaty and give its advice

and consent to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, April 14, 1995.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Treaty between the Government of the United States of America and the

Government of the Republic of Hungary on Extradition (the ‘‘Treaty’’), signed at Budapest on December 1, 1994. I recommend that

the Treaty be transmitted to the Senate for its advice and consent

to ratification.

The Treaty follows generally the form and content of extradition

treaties recently concluded by the United States. It represents a

concerted effort by the Department of State and the Department of

Justice to modernize the legal tools available for the extradition of

serious offenders such as narcotics traffickers and terrorists.

Upon entry into force, this Treaty will supersede the Convention

for the Mutual Delivery of Criminals, Fugitives from Justice, in

Certain Cases, between the Government of the United States of

America and the Austro-Hungarian Empire, signed at Washington,

July 3, 1856.

Article 1 obligates each Party to extradite to the other, pursuant

to the provisions of the Treaty, any person wanted for prosecution

or for the imposition or enforcement of a sentence in respect of an

offense described in Article 2.

In Article 2, the Parties agree that an offense punishable by both

parties by imprisonment or other form of detention for more than

one year, or by a more severe penalty shall be extraditable. The Article also provides that attempts and conspiracies to commit these

offenses, and participation in the commission of the offenses, are

extraditable. Inclusion of a dual-criminality clause without a list of

offenses covered by the Treaty obviates the need to renegotiate or

supplement the Treaty as offenses become punishable under the

laws of both parties. Among other things, the Article further provides that in determining whether an offense is covered under the

Treaty, the offense shall be considered an extraditable offense

whether or not the laws in the Contracting Parties place the offenses within the same category of offenses or describe the offense

by the same terminology. With regard to offenses committed outside the territory of the Requesting State, the Requested State has

discretionary authority under Article 2(4) to refuse extradition if

the laws of the Requested State would not provide for jurisdiction

in a similar situation.
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Article 3 provides that surrender may be refused on the grounds

that the person sought is a national of the requested State, but

that each party’s Executive Authority—in the case of the United

States, the Secretary of State—shall have the power to extradite its

nationals, unless prohibited by its domestic legislation, if, in its discretion, it deems it appropriate to do so. Article 3(2) provides that

in cases in which extradition is so refused, the Requesting State

may request that the case be submitted to the competent authorities of the Requested State for prosecution.

Article 4 incorporates a political offense exception to the obliga- tion to extradite. Article 4(1) states generally that extradition shall

not be granted for political offenses. Article 4(2) expressly excludes

from the reach of the political offense exception several categories

of offenses:

(i) a murder or other willful crime against the person of a

Head of State of one of the Contracting Parties, or of a member

of the Head of State’s family; (ii) an offense for which both Parties are obliged pursuant to

a multilateral international agreement to extradite the person

sought or submit the case for prosecution; (e.g., aircraft hijacking pursuant to The Hague Convention for the Suppression of

Unlawful Seizure of Aircraft, done at The Hague December 16,

1970, and entered into force October 14, 1971 (22 U.S.T. 1641;

TIAS 7192); aircraft sabotage pursuant to the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal September 23, 1971, and

entered into force January 26, 1973, (24 U.S.T. 564; TIAS No.

7570) and the Protocol for the Suppression of Unlawful Acts of

Violence at Airports serving International Civil Aviation done

at Montreal on February 24, 1988; crimes against internationally protected persons, including diplomats, under the Convention on the Prevention and Punishment of Crimes Against

Internationally Protected Persons, including Diplomatic

Agents, done at New York December 14, 1973, and entered

into force February 20, 1977 (28 U.S.T. 1975; TIAS No. 8532);

hostage-taking, pursuant to the International Convention

against the Taking of Hostages, done at New York on December 17, 1979, and entered into force June 3, 1983, and for the

United States January 6, 1985 (TIAS No. 11081); and narcotics

trafficking under the United Nations Convention against Illicit

Traffic in Narcotics Drugs and Psychotropic Substances, done

at Vienna December 20, 1988, which entered into force November 11, 1990;

(iii) specified crimes, including murder, manslaughter, other

offenses involving substantial bodily harm, kidnapping, and

placing of certain explosive, incendiary or destructive devices;

(iv) a conspiracy or attempt to commit the offenses described

above, or participation in the commission of those offenses.

Article 4(3) provides that extradition shall not be granted if the

executive authority of the Requested State determines that the request was politically motivated. Article 4(4) provides that the executive authority of the Requested State can refuse extradition for an

offense under military law which is not an offense under ordinary

criminal law.
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Article 5 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but

does not bar extradition if the competent authorities in the Requested State have declined to prosecute or have decided to discontinue criminal proceedings.

Article 6 provides that extradition shall not be granted if at the

time the Requested State receives the extradition request the prosecution or the enforcement of the penalty or the detention order

has become barred by lapse of time under the law of the Requesting State.

Under Article 7, when an offense for which surrender is sought

is punishable by death under the laws of the Requesting State and

is not so punishable under the laws of the Requested State, the Requested State may refuse extradition unless the Requesting State

provides assurances that the death penalty will not be imposed or,

if imposed, will not be carried out.

Articles 8–10 address the procedures by which extradition is to

be accomplished. Article 8 describes the documents that are required to support a request for extradition. Article 9 establishes the

procedures under which documents submitted pursuant to Article

8 shall be received and admitted into evidence in the Requested

State. Article 10 provides that all documents submitted by the Requesting State shall be translated into the language of the Requested State.

Article 11 provides for the provisional arrest and detention of the

person sought for no more than sixty days pending receipt by the

executive authority of the Requested State of a fully documented

extradition request in conformity with Article 8. The discharge of

the person sought from custody pursuant to this Article explicitly

does not prejudice subsequent rearrest and extradition upon later

delivery of the extradition request and supporting documents.

Article 12 provides that the Requested State may request that a

Requesting State supplement a request for extradition if the Requested State considers that the information furnished in support

of a request for extradition is not sufficient to fulfill the Treaty requirements, and states that a person sought may be released by

the Requested State if the evidence sought is not adequate or is not

received within the time specified in the request for additional information. Such release shall not preclude the Requesting State

from making another request for the same or a different offense.

Article 13 specifies the procedures to govern the surrender and

return of fugitives. The Requested State is required to promptly notify the Requesting State of its decision on extradition and, if the

request is denied in whole or in part, to provide an explanation. If

the request is granted, the person sought must be removed from

the territory of the Requested State within the time prescribed by

the law of the Requested State or, since Hungary has no such law,

within the time set by the decision granting extradition.

Article 14 provides that if a person is being prosecuted or is serving a sentence in the Requested State for a different offense, that

State may (a) defer surrender until the proceedings are concluded

and the sentence served, or (b) temporarily surrender the person

to the Requesting State solely for the purpose of prosecution.
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Article 15 sets forth a non-exhaustive list of factors to be considered by the Requested State in determining to which State to surrender a person sought by more than one State.

Article 16 provides, to the extent permitted under the law of the

Requested State, for that State to seize and surrender to the Requesting State property related to the offense for which extradition

is requested. This obligation, however, is subject to an obligation to

duly respect the rights of third parties.

Article 17 sets forth the rule of specialty for this treaty. It provides, subject to specific exceptions, that a person extradited under

the Treaty may not be detained, tried, or punished for an offense

other than that for which extradition has been granted, unless a

waiver of the rule is granted by the executive authority of the Requested State or unless the person extradited fails to leave the Requesting State within ten days of being free to do so or, having left

the Requesting State, voluntarily returns to it. Similarly the Requesting State may not surrender or transfer such person beyond

its jurisdiction for the offense for which his surrender was granted

or for an offense committed prior to the original surrender unless

the Requested State consents or unless the individual remains

after ten days or leaves and voluntarily returns.

Article 18 permits surrender without further proceedings if the

person sought gives his consent. It further provides that the rule

of specialty in Article 17 shall not apply to such transfers.

Article 19 governs the transit through the territory of one party

of a person being surrendered to the other State by a third State.

Article 20 contains provisions on representation and expenses

that are similar to those found in other modern extradition treaties. Specifically, the Requested State bears the expenses for the

legal representation of the Requesting State in any proceedings

arising out of a request for extradition. The Requesting State shall

bear the expenses related to the translation of documents and the

transportation of the person surrendered. Article 20(3) clarifies

that neither State shall make any pecuniary claim against the

other State arising out of the arrest, detention, examination, or

surrender of persons sought under the Treaty.

Article 21 states that the U.S. Department of Justice and the

Hungarian Ministry of Justice may consult with each other directly

or through the facilities of the International Criminal Police Organization (INTERPOL) in connection with the processing of individual cases and in furtherance of maintaining and improving the procedures for the implementation of the Treaty. Other ministries,

agencies, or government departments competent in extradition

matters may be included in the consultations, as appropriate.

Article 22, like the parallel provision in almost all recent United

States extradition treaties, states that the Treaty is retroactive, in

that it shall apply to offenses committed before as well as after the

date the Treaty enters into force.

Article 23 contains final clauses dealing with the Treaty’s entry

into force and termination. Paragraph 1 states that the Treaty

shall be subject to ratification, and the instruments of ratification

shall be exchanged as soon as possible. Paragraph 2 states that the

Treaty shall enter into force immediately upon the exchange of instruments of ratification. Pursuant to paragraph 3, upon entry into
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force of this Treaty, the Convention between the United States and

the Austro-Hungarian Empire for the Mutual Delivery of Criminals, Fugitives from Justice, in Certain Cases, signed at Washington July 3, 1856 shall cease to have any effect; nevertheless, the

1856 Convention shall apply to any extradition proceeding in which

extradition documents have already been submitted to the courts

of the Requested State at the time this Treaty enters into force, except Article 18 of this Treaty (Simplified Extradition) shall be applicable to such proceedings. It further states that Article 17 (Rule

of Specialty) shall apply to persons found extraditable under the

prior treaty. Under paragraph 4, either party may terminate the

Treaty at any time upon written notice to the other Party, and the

Treaty would terminate six months after the date of receipt of such

notice.

A Technical Analysis explaining in detail the provisions of the

Treaty is being prepared by the United States negotiating delegation and will be submitted separately to the Senate Committee on

Foreign Relations.

The Department of Justice joins the Department of State in favoring approval of this Treaty by the Senate at an early date.

Respectfully submitted.

STROBE TALBOT.
(1)
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