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Interpol — Part 11
Page 86
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Nemarcndunm for Mr. Ladd
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. ed
the accused's arrest and what the procedure is are rot entirely
clear. . oo
A lIcter article nrovides that the arrest should be
carrted out in accordance with the prinotples of the requested
country, anda further article contains the indefintte statement
thet, ercept where the treat. ordains othervise, rules of
procedure as to extradition are subject to the prerogative
of the requested state.
:
tncer present procedure, the ixtratition statute, Title 18,
U. S. Vode, Section 3184, rrovives that a comnlaint shall be
Jiled for the warrant of arrest, and if the fugitive ts arrested,
he shall be brought verore the magistrate issuing the marrante
Ty he is held, the nazistrate so certifies to the cretary of State
who hat a Pres: iGenttal warrart issued for the puri tive 's
si:rrernder to tae cemancing country. This is not contenr lated
in the I¢PC pian ag its rurpose is to avoid cinplomatte channels
end oct throvch the respective Viristries of Justice. ,
The present procedire of handling extradition through
ciploratic channels is of long standing anc is reconrntizec tn
oll our extracition treaties, The Derartrent further commented
reloatine te nreventative arrest thet it ts not necessary under
the present procedure that the original reqrest for extradition
be wace through the State Department as provisioral arrest can
row be acconnlished on telerranhie request. <A foreton government
voy dtrect a consular officer to appli for an arrest warrant.
The Ferartnent adds that the pronosed plan woulce appear to place
too much power in the International Police and their representatives
12 pass on the arrest and extractition of a fugitive without
sufftetent check bu a mactstrate and the “tate Departrent.
ame pronosed'ploan would rencer our present extradition treaties
nonerative ane require a change in our laws. In this rescrd,
the Rensrtnent sugceste that tt probably woulc be nore practicable
to amend such of’ the present ‘treaties aa may be deere tn-
adeoucté. The Lenartnent signests that no carsiceration be
aiver to the adantion of the pronosec plan at this time, and
before such a radical chonze ts macé, tt would appear thst the
ratter should be niven forther etudy bu a more representattve
convention comnoesed of delesates fron the principal countries
corcerred.s . .
No Rureau representative attendes ‘the gerersl assenhl:
bheca:se tt unas held in a Rvssian satellite nation. The resniution
covering the agreement recommended to the delegates present that
they inform thetr respective Governner.ts of the draft of the
pian of a7recnrente . .
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