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12995 Paraguay - Treaty of Extradition


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12995

 

 

EXTRADITION

 

 

 

Treaty Between the
UNITED STATES OF AMERICA
and PARAGUAY

 

Signed at Washington November 9, 1998

 

 

 

 



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”


 

 

 

 

PARAGUAY

Extradition

Treaty signed at Washington November 9, 1998;
Transmitted by the President of the United States of America
to the Senate July 13, 1999 (Treaty Doc. 106-4,
106th Congress, 1st Session);
Reported favorably by the Senate Committee on Foreign Relations
September 27, 2000 (Senate Executive Report No. 106-26,
106th Congress, 2nd Session);
Advice and consent to ratification by the Senate
October 18, 2000;
Ratified by the President December 23, 2000;
Ratified by Paraguay February 28, 2001;
Ratifications exchanged at Asuncion March 9, 2001;
Entered into force March 9, 2001.

EXTRADITION TREATY
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY
The Government of the United States of America and the Government
of the Republic of Paraguay (hereinafter "the Parties"),
Aware of the need to update the Treaty on Extradition Between the
United States of America and the Republic of Paraguay, signed at Asunción
on May 24, 1973,
Desiring to provide for more effective cooperation between the two
States in the suppression of crime, and for that purpose, to conclude a new
treaty for the extradition of offenders,
Have agreed as follows:
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Article I
Agreement to Extradite
The Parties, agree to extradite to each other, pursuant to the provisions
of this Treaty, persons sought by authorities in the Requesting State for trial
or punishment fOr an extraditable offense.
Article II
Extraditable Offenses
1. An offense shall be an extraditable offense if it is punishable
under the laws in both Parties by deprivation of liberty for a maximum
period of more than one year or by a more severe penalty.
2. When the request for extradition relates to a person who has
been sentenced by the judicial authorities in the Requesting State for an
extraditable offense, extradition shall be granted only if the remainder of the
sentence to be served by the person amounts to more than six months.
3. An offense shall also be an extraditable offense if it consists of a
conspiracy or attempt to commit, or participation in the commission of, an
offense described in paragraph 1 and, if applicable, paragraph 2 of this
Article.
4. For the purposes of this Article, an offense shall be an
extraditable offense:
(a) whether or not the laws in the Parties place the offense
within the same category of offenses or describe the
offense by the same terminology; and
(b) whether or not the laws in the Requesting State require,
for the purpose of establishing jurisdiction of its courts,
evidence of interstate transportation, or the use of the
mails or other facilities affecting interstate or foreign
commerce, as elements of the specific offense.
5. In, accordance with the provisions of this Treaty, extradition
shall be granted for offenses committed in whole or in part within the
territory of the Requesting State. Extradition shall also be granted for
offenses committed outside the territory of the Requesting State if:
-3-
(a) the act or acts that constitute the offense have effects in
the territory of the Requesting State; or
(b) the laws in the Requested State provide for punishment
for an offense committed outside its territory in similar
circumstances.
6. If extradition has been granted for an extraditable offense, it
shall also be granted for any other offense expressly referred to in the
request, even if the latter offense is punishable by one year or less of
deprivation of liberty, provided that all other requirements for extradition
are met.
Article III
Extradition of Nationals
Extradition shall not be refused on the ground that the person sought
is a national of the Requested State.
Article IV
Bases for Denial of Extradition
1. Extradition shall not be granted by the Requested State if the
offense for which extradition is requested is a political offense. For the
purposes of this Treaty, the following offenses shall not be considered to be
political offenses:
(a) a murder or other willful crime against the physical
integrity of the Head of State of one of the Parties, or of
a member of the Head of State's family;
(b) an offense for which both Parties have the obligation,
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, or participation in
the commission of, any of the foregoing offenses.
-4-
2. Notwithstanding the terms of paragraph 1 of this Article,
extradition shall not be granted if the competent authority of the Requested
State determines that the request was politically motivated.
3. The Requested State may refuse extradition for offenses under
military law which are not offenses under ordinary criminal law.
Article V
Prior Prosecution
1. Extradition shall not be granted if the person sought has been
convicted or acquitted in the Requested State for the offense for which
extradition is requested.
2. If both Parties have jurisdiction over the acts for which
extradition has been requested, extradition shall not be precluded by the fact
that authorities in the Requested State have not instituted criminal
proceedings against the person sought for those acts. In addition, extradition
shall not be precluded by the fact that such criminal proceedings, although
instituted, have been discontinued, provided that the laws of the Requested
State regarding double jeopardy would permit the reinstitution of such
criminal proceedings.
Article VI
Death Penalty
1. When the offense for which extradition is requested is
punishable by death under the laws in the Requesting State and the laws in
the Requested State do not permit the death penalty for that offense,
surrender of the person sought may be refused unless, prior to surrender, the
Requesting State provides such assurances as are deemed sufficient by the
Requested State that the death penalty shall not be imposed, or, if imposed,
shall not be carried out.
2. In instances in which the Requesting State has provided
assurances in accordance with paragraph 1 of this Article, the death penalty,
if imposed by the courts of the Requesting State, shall not be carried out.
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Article VII
Extradition Procedures and Required Documents
1. All requests for extradition shall be made in writing and
submitted through the diplomatic channel.
2. All requests for extradition shall be supported by:
(a) the most precise physical description possible of the
person sought; any known information regarding the
person's identity, nationality, and probable location;
and, if possible, a photograph and fingerprints of the
person sought;
(b) information describing the facts of the offense and the
procedural history of the case; and
(c) the text of the law describing the elements of, and the
applicable punishment for, the offense for which
extradition is requested.
3. In addition to the requirements in paragraph 2 of this Article,
a request for the extradition of a person who is sought for prosecution shall
also be supported by:
(a) a copy of the warrant or order of arrest issued by the
appropriate judicial authority;
(b) a copy of the charging document, if any; and
(c) information or evidence that provides a reasonable
basis to believe that the person sought committed the
offense for which extradition is requested.
4. In addition to the requirements of paragraph 2 of this Article,
a request for the extradition of a person who has been found guilty of the
offense for which extradition is sought shall also be supported:
(a) if the Republic of Paraguay is the Requesting State, by:
(i) a copy of the judgment of conviction issued by
the appropriate judicial authority;
(ii) information or evidence establishing that the
person sought is the person to whom the
conviction refers; and
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(iii) a statement setting forth the portion of the
sentence not yet served.
(b) if the United States of America is the Requesting State,
by:
(i) a copy of the judgment of conviction or a
statement by the appropriate judicial authority
that the person has been found guilty;
(ii) information or evidence establishing that the
person sought is the person to whom the finding
of guilt refers; and
(iii) a copy of the sentence imposed, if the person
sought has been sentenced, and a statement
establishing to what extent the sentence has been
carried out.
Article VIII
Translation
All documents submitted under this Treaty by the Requesting State
shall be accompanied by a translation into the language of the Requested
State.
Article IX
Admissibility of Documents
The documents that accompany an extradition request, including the
appropriate translations, shall be received and admitted as evidence in
extradition proceedings if:
(a) they are certified or authenticated by the appropriate
accredited diplomatic or consular officer of the
Requested State in the Requesting State; or
(b) they are certified or authenticated in any other manner
accepted by the law of the Requested State.
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Article X
Provisional Arrest
1. In case of urgency, either Party may request the provisional
arrest of the person sought pending presentation of the request for
extradition. A request for provisional arrest shall be transmitted through the
diplomatic channel or directly between the United States Department of
Justice and the Ministry of Foreign Relations of the Republic of Paraguay.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the relevant facts of the case,
including, if possible, the time and location of the
offense;
(d) a description of the law or laws violated;
(e) a statement of the existence of a warrant of arrest, a
finding of guilt, or a judgment of conviction against the
person sought;
(f) an explanation of the reasons for the urgency of the
request; and
(g) a statement that a request for extradition, accompanied
by the documents required in Article VII of this Treaty,
will follow.
3. The Requesting State shall be notified without delay of the
disposition of its application for provisional arrest and the reasons for any
denial.
4. A person who is provisionally arrested pursuant to this Treaty
may be discharged from custody upon the expiration of sixty (60) days from
the date of provisional arrest if the diplomatic authorities of the Requested
State have not received the request for extradition and the supporting
documents required in Article VII.
5. The fact that the person sought has been discharged from
custody pursuant to paragraph 4 of this Article shall not be an obstacle to
rearrest and extradition of that person if the extradition request is received
later.
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Article XI
Decision and Surrender
1. The Requested State shall promptly notify the Requesting
State of its decision on the request for extradition.
2. If the request is denied in whole or in part, the Requested State
shall provide an explanation of the reasons for the denial. The Requested
State shall provide copies of pertinent judicial decisions upon request.
3. If the request for extradition is granted, the Parties shall agree
on the time and place for the surrender of the person sought, subject to the
provisions of paragraph 4 of this Article.
4. If the person sought is not removed from the territory of the
Requested State within two months from the date of the judicial extradition
order, that person may be discharged from custody and the Requested State
may thereafter refuse extradition of that person for the same offense. The
two-month period shall be interrupted, however, if the person initiates a legal
challenge to the extradition order. At the conclusion of such legal challenge,
a new two-month period for removal of the person shall begin.
Article XII
Temporary and Deferred Surrender
1. If extradition is granted in the case of a person who is being
proceeded against or is serving a sentence in the Requested State, such State
may temporarily surrender the person sought to the Requesting State
exclusively for the purpose of prosecution. The person so surrendered shall
be kept in custody in the Requesting State and shall be returned to the
Requested State after the conclusion of the proceedings against that person,
in accordance with conditions determined by agreement of the Parties.
2. The Requested State may postpone the extradition proceedings
against, or surrender of, a person who is being prosecuted or who is serving a
sentence in that State. The postponement may continue until the prosecution
of the person sought has been concluded or until such person has served any
sentence imposed.
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3. For the purposes of this Treaty, the postponement by the
Requested State of the extradition proceedings or of the surrender shall
suspend the running of the statute of limitations in the Requesting State for
the offense or offenses that gave rise to the extradition request.
Article XIII
Multiple Requests
If the Requested State receives requests from the other Party and
from any other State or States for the extradition of the same person, either
for the same offense or for different offenses, the competent authority of the
Requested State shall determine to which of the requesting States it will
surrender the person. In making its decision, the Requested State shall
consider all relevant factors, including, among others:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed;
(c) the respective interests of the requesting States;
(d) the gravity of the offenses;
(e) the nationality of the victim;
(f) the possibility of further extradition between the
requesting States; and
(g) the order in which the requests were received by the
Requested State.
Article XIV
Seizure and Surrender of Property
1. To the extent permitted under its law, the Requested State may
seize and surrender to the Requesting State any articles, documents, and
evidence connected with the offense in respect of which extradition is
granted. Such items may be surrendered even when the extradition cannot
be effected due to the death, disappearance, or escape of the person sought.
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2. The Requested State may condition the surrender of the
property upon assurances from the Requesting State that the property will
be returned to the Requested State as soon as practicable and without cost to
the Requested State. The Requested State may also defer the surrender of
such property if it is needed as evidence in the Requested State.
3. The rights of third parties in such property shall be duly
respected.
Article XV
Rule of Speciality and Extradition to Third States
1. A person extradited under this Treaty may not be detained,
tried, or punished in the Requesting State except for:
(a) an offense for which extradition has been granted; or a
lesser included or differently denominated offense,
provided that it is based on the same facts on which
extradition was granted;
(b) an offense committed after the surrender of the person;
or
(c) an offense with respect to which the competent
authority of the Requested State consents to the
person's detention, trial, or punishment. For the
purposes of this subparagraph:
(i) the Requested State may require the submission
of the documents called for in Article VII; and
(ii) the person extradited may be detained by the
Requesting State for ninety (90) days, or for such
longer period of time as the Requested State may
authorize, while the request is being processed.
2. A person extradited under this Treaty may not be extradited to
a third State for an offense committed prior to such person's surrender,
unless the surrendering State consents.
3. Paragraphs 1 and 2 of this Article shall not prevent the
detention, trial, or punishment of an extradited person, or the extradition of
that person to a third State, if that person:
(a) leaves the territory of the Requesting State after the
surrender by the Requested State and, subsequently,
voluntarily returns to the territory of the Requesting
State; or
(b) does not leave the territory of the Requesting State
within thirty (30) days of the day on which that person
is free to leave.
Article XVI
Simplified Extradition Procedures
1. If the person sought consents to surrender to the Requesting
State, the Requested State may surrender the person as expeditiously as
possible without further proceedings.
2. Such consent shall be directly and expressly provided to the
appropriate judicial authority of the Requested State.
Article XVII
Transit
1. Either Party may authorize transportation through its
territory of a person surrendered by a third State to the other Party
pursuant to an extradition request. In cases of scheduled transit, such
authorization shall be requested by the State to which the person is being
extradited. A request for transit shall be transmitted through the diplomatic
channel or directly between the United States Department of Justice and the
Ministry of Foreign Relations of the Republic of Paraguay. Such request
shall contain a description and identification of the person being transported
and a brief statement of the facts of the case. A person in transit may be
detained in custody during the period of transit.
2. No authorization shall be required if one Party is transporting
a person surrendered to it by a third State using air transportation and no
landing is scheduled on the territory of the other Party. If an unscheduled
landing occurs on the territory of a Party, that Party may require a transit
- 12 -
request as provided in paragraph 1 of this Article. If required, any such
request shall be provided within ninety-six (96) hours of the unscheduled
landing. The Party in which the unscheduled landing occurs may detain the
person to be transported until the transit is effected.
3. A request for transit may be denied if transit would prejudice
the essential interests of the Party that receives such request.
Article XVIII
Representation and Expenses
1. The Requested State shall advise, assist, and, to the fullest
extent permitted by its law, represent the Requesting State in connection
with extradition proceedings in the Requested State.
2. The Requesting State shall bear the expenses related to the
translation of documents, and to the transportation of the person whose
extradition has been granted. The Requested State shall pay all other
expenses incurred in that State by reason of the extradition proceedings.
3. Neither Party shall make any pecuniary claim against the
other Party arising out of the arrest, detention, custody, examination, or
surrender of persons sought under this Treaty.
Article XIX
Competent Authority
The term "competent authority," as used in this Treaty, means:
(a) for the United States of America, its appropriate
executive authorities; and
(b) for the Republic of Paraguay, its appropriate judicial
authorities.
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Article XX
Consultation
The Parties may consult with each other in connection with the
processing of cases and in furtherance of maintaining and improving
procedures for the implementation of this Treaty.
Article XXI
Application
This Treaty shall apply to requests for extradition presented after its
entry into force, even if the offenses for which extradition is requested were
committed before the Treaty's entry into force, provided that the conduct on
which the extradition request is based constituted an offense under the laws
in both Parties at the time that it occurred.
Article XXII
Ratification and Entry into Force
1. This Treaty shall be subject to ratification. The instruments of
ratification shall be exchanged at Asunción as soon as possible.
2. This Treaty shall enter into force upon the exchange of the
instruments of ratification.
3. Upon the entry into force of this Treaty, the Treaty on
Extradition Between the United States of America and the Republic of
Paraguay, signed at Asunción on May 24, 1973, shall cease to have any effect.
Nevertheless, the prior Treaty shall apply to any extradition proceedings in
which the extradition request and supporting documentation have already
been submitted to the courts of the Requested State at the time this Treaty
enters into force, except that Article XVI of this Treaty shall be applicable to
such proceedings.
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Article XXIII
Termination
Either Party may terminate this Treaty by giving written notice to the
other Party. The termination shall be effective six months after the date of
such notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Treaty.
DONE at Washington, in duplicate, this ninth day of November 1998,
in the English and Spanish languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA: THE REPUBLIC OF PARAGUAY:
Madeleine K. Albright
Secretary of State
Dido Florentin Bogado
Minister of Foreign Relations

 

 

 



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