U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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59–118

" ! SENATE 105TH CONGRESS

2d Session

TREATY DOC.

1998

105–33

EXTRADITION TREATY WITH ZIMBABWE

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE

UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE

REPUBLIC OF ZIMBABWE, SIGNED AT HARARE ON JULY 25, 1997

JANUARY 28, 1998.—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

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LETTER OF TRANSMITTAL

THE WHITE HOUSE, January 28, 1998.

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 Extradition Treaty between

the Government of the United States of America and the Government of the Republic of Zimbabwe, signed at Harare on July 25,

1997.

In addition, I transmit, for the information of the Senate, the report of the Department of State with respect to the Treaty. As the

report explains, the Treaty will not require implementing legislation.

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

This Treaty will, upon entry into force, enhance cooperation between the law enforcement communities of both countries, and

thereby make a significant contribution to international law enforcement efforts. It is the first extradition treaty between the two

countries.

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, October 25, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the Government of the Republic of

Zimbabwe (the ‘‘Treaty’’), signed at Harare on July 25, 1997. I recommend that the Treaty be transmitted to the Senate for its advice

and consent to ratification.

The Treaty follows closely the form and content of extradition

treaties recently concluded by the United States. The Treaty represents part of a concerted effort by the Department of State and

the Department of Justice to develop modern extradition relationships to enhance the ability of the United States to prosecute serious offenders including, especially, narcotics traffickers and terrorists.

The Treaty marks a significant step in bilateral cooperation between the United States and Zimbabwe, as it is the first extradition treaty between the two countries. The Treaty can be implemented without new legislation.

Article 1 obligates the Contracting States to extradite to the

other, pursuant to the provisions of the Treaty, any person charged

with or convicted of an extraditable offense in the Requesting

State.

Article 2(1) defines an extraditable offense as one punishable

under the laws of both Contracting States by deprivation of liberty

for a period of more than one year or by a more severe penalty. Use

of such a ‘‘dual criminality’’ clause rather than a list of offenses

covered by the Treaty obviates the need to renegotiate or supplement the Treaty as additional offenses become punishable under

the laws of both Contracting States.

Article 2(2) states that an offense consisting of an attempt or a

conspiracy to commit, aiding or abetting, counselling, causing or

procuring the commission of or being an accessory before or after

the fact to, an extraditable offense as described in Article 2(1) will

also be an extraditable offense.

Additional flexibility is provided by Article 2(3), which provides

that an offense shall be considered an extraditable offense: (1)

whether or not the laws in the Contracting States place the offense

within the same category of offenses or describe the offense by the

same terminology; (2) whether or not the offense is one for which

United States federal law requires the showing of such matters as

interstate transportation or use of the mails or of other facilities af-
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fecting interstate or foreign commerce, such matters being merely

for the purpose of establishing jurisdiction in a United States federal court; or (3) if it relates to taxes, customs duties, currency control, and import and export of commodities, whether or not the

laws of the Contracting States provide for the same kinds of taxes,

or customs duties, or the same kinds of controls on currency or on

the import or export of the same kinds of commodities.

With regard to offenses committed outside the territory of the

Requesting State, Article 2(4) provides the States with discretion to

grant or deny extradition if the offense for which extradition is

sought would not be punishable under the laws of the Requested

State in similar circumstances.

Article 3 provides that extradition shall not be refused on the

ground that the person sought is a national of the Requested State.

Neither Party, in other words, may invoke nationality as a basis

for denying an extradition.

As is customary in extradition treaties, Article 4 incorporates a

political offense exception to the obligation to extradite. Article 4(1)

states generally that extradition shall not be granted if the offense

for which extradition is requested is a political offense. Article 4(2)

specifies three categories of offenses that shall not be considered to

be political offenses.

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

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

of the Head of State’s family;

(b) an offense for which both Contracting States are obligated pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; and

(c) a conspiracy or attempt to commit any of the offenses described above, or aiding and abetting a person who commits or

attempts to commit such offenses.

The Treaty’s political offense exception is substantially identical to

that contained in several other modern extradition treaties, including the treaty with Jordan, which recently received Senate advice

and consent. Offenses covered by Article 4(2)(b) include:

—aircraft hijacking covered by 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 No. 7192); and,

—aircraft sabotage covered by 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).

Article 4(3) provides that, notwithstanding Article 4, paragraph

2(b) and Article 4, paragraph 2(c) as it relates to paragraph 2(b),

extradition shall not be granted if the executive authority of the

Requested State determines that the request was politically motivated.

Article 4(4) permits the Requested State to deny extradition for

military offenses that are not offenses under ordinary criminal law

(for example, desertion).

Article 5 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but
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does not bar extradition if the competent authorities in the Requested State have declined to prosecute or have decided to discontinue criminal proceedings against the person sought.

Article 6 establishes the procedures and describes the documents

that are required to support an extradition request. The Article requires that all requests be submitted through the diplomatic channel. Article 6(3)(c) provides that a request for the extradition of a

person sought for prosecution be supported by evidence justifying

the committal for trial of the person if the offense had been committed in the Requested State or such information as would justify

the committal for extradition of the person in accordance with the

laws of the Requested State.

Article 7 establishes the procedures under which documents submitted pursuant to the provisions of this Treaty shall be received

and admitted into evidence.

Article 8 provides that all documents submitted by the Requesting State shall be in English.

Article 9 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. Article 9(4) provides that if the Requested

State’s executive authority has not received the request for extradition and supporting documentation required in Article 6 within

sixty (60) days after the provisional arrest, the person may be discharged from custody. Article 9(5) provides explicitly that discharge

from custody pursuant to Article 9(4) does not prejudice subsequent

rearrest and extradition upon later delivery of the extradition request and supporting documents.

Article 10 specifies the procedures governing surrender and return of persons sought. It requires the Requested State to provide

prompt notice to the Requesting State through the diplomatic channel regarding its extradition decision. If the request is denied in

whole or in part, Article 10(2) requires the Requested State to provide information regarding the reasons therefor. If extradition is

granted, the authorities of the Contracting States shall agree on

time and place of surrender of the person sought.

Article 11 concerns temporary and deferred surrender. If a person whose extradition is sought is being prosecuted or is serving

a sentence in the Requested State, that State may temporarily surrender the person to the Requesting State for the purpose of prosecution. Alternatively, the Requested State may postpone the extradition proceedings until its prosecution has been concluded or

the sentence imposed has been served.

Article 12 sets forth a non-exclusive 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 13 provides for the seizure and surrender to the Requesting State of all articles, documents, and evidence connected with

the offense for which extradition is granted, to the extent permitted

under the law of the Requested State. Such property may be surrendered even when extradition cannot be effected due to the

death, disappearance, or escape of the person sought. Surrender of

property may be deferred if it is needed as evidence in the Requested State and may be conditioned upon satisfactory assurances
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that it will be returned. Article 13(3) imposes an obligation to respect the rights of third parties in affected property.

Article 14 sets forth the rule of speciality. It provides, subject to

specific exemptions, that a person extradited under the Treaty may

not be detained, tried, or punished in the Requesting State 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. Similarly, the Requesting State may not extradite such person to a third State for an offense committed prior

to the original surrender unless the Requested State consents.

These restrictions shall not prevent the detention, trial or punishment of an extradited person, or that person’s extradition to a third

State if the extradited person leaves the Requesting State after extradition and voluntarily returns to it or fails to leave the Requesting State within fifteen days of being free to do so.

Article 15 permits surrender to the Requesting State without further proceedings if the person sought consents to surrender.

Article 16 governs the transit through the territory of one Contracting State of a person being surrendered to the other State by

a third State.

Article 17 contains provisions on representation and expenses

that are similar to those found in other modern extradition treaties. Specifically, the Requested State is required to represent the

interests of the Requesting State in any proceedings arising out of

a request for extradition. The Requesting State is required to bear

the expenses related to the translation of documents and the transportation of the person surrendered. Article 17(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 18 states that the United States Department of Justice

and the Ministry of Home Affairs of the Republic of Zimbabwe may

consult with each other directly or through the facilities of Interpol

in connection with the processing of individual cases and in furtherance of maintaining and improving Treaty implementation procedures.

Article 19, like the parallel provision in almost all recent United

States extradition treaties, states that the Treaty shall apply to offenses committed before as well as after the date the Treaty enters

into force.

Ratification and entry into force are addressed in Article 20.

That Article provides that the States shall exchange instruments

of ratification to bring the treaty into force.

Under Article 21, either Contracting State may terminate the

Treaty at any time upon written notice to the other Contracting

State, with termination to become effective six months after the

date of such notice.
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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.

MADELEINE ALBRIGHT.
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