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Date of entry into force : 1904-08-09
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EXTRADITION

Treaty dated August 9, with The United States of America

The Republic of Haiti and the United States of America desiring to insure Adequate administration of Justice, have decided to conclude a treaty to the effect of mutually handing over individuals whom being accused of the crimes specified hereafter, or whom having been accused of any one of those crimes, have escaped legal pursuit and sentence of their condemnation by fleeing. To such end, They Have appointed their Plenipotentiary namely: The President of the Republic of Haiti, Mr. J.N. Léger Extraordinary envoy and minister plenipotentiary of Haiti to Washington and, The President of the United States of America, Mr. John Hay, American Secretary of State. Both of whom having spread their full power and having found them in due from have agreed on the following articles:

Article 1. The highly eminent contracting parties pledges to hand over to their respective justice those individuals whom, accused of any of the crimes or condemned for any of the crimes hereafter described having been committed within the limits of the jurisdiction of the claiming party, would have taken refuge or would have been found inside the territory of the other party, provided that, in accordance with the laws of the country where theses individuals so accused or so condemned would have been found, proofs of their crime would indubitably justify their arrest and trial if the crime or the offence would have taken place there.

Article 2. The crimes for which extradition is to be granted are the following: 1o) Murder (Assassination, parricide, child-murder, poisoning, and voluntary homicide); 2o) Counterfeiting money, be it metallic, or paper. Issuance of counterfeit money or altered money on the territory of one of the contracting parties; 3o) Counterfeiting of any bill, title, documents, coupons of public debts, banknotes and other instruments of credit authorized by law, issuance, use and introduction on the territory of any one of the contracting parties, of the aforesaid titles or bills counterfeited, or falsified. 4o) Forgery of public or private documents, use of forged instrument 5o) Thieving, robbery, or whatever corresponds to prescribed crimes punishable by Haitian laws such as armed robbery, robbery by violence, or by threats, either in public roads hold-ups, or whatever correspond to prescribed crimes punishable by Haitian laws such as: escalade, fake keys, or those done by night in a residential section or being used as living quarter. 6o) Embezzlement performed by public officers or by persons hired, or those used as part time employees to the prejudice of their employer, provided that the value of embezzled objects be not less than two hundred dollars (Us Currency). 7o) Fire, Railroad destruction, of Tramways, of Ships, of Public buildings or any other constructions when human lives would have been imperiled 8o) False evidence, subordination, corruption or any act of offering, or receiving a reward in influencing a duty imposed by the law. 9o) Rape 10o) Bigamy 11o) Kidnapping 12o) Piracy such as defined by law or by international law.

Article 3. Extradition must also be granted for any attempt by an individual to commit any of the crimes mentioned above or any abettor to these crimes or any attempt to commit such crimes when the abetment along with the attempt are punishable by the laws of the party demanding extradition.

Article 4. None of the Contracting parties will be bound to turn over their own citizen.

Article 5. If the person to be extradited is under legal proceedings either in Haiti or in the United States for any crime other that which have motivated the request for extradition, will be postponed until judgement is rendered and if there is condemnation, until the penalty imposed is entirely done or adjourned. The extradition may also be postponed when the claimed person is the object of a legal pursuit for imprisonment in the country where he is to be extruded from. In such.

Article 6. The fugitive whom will have been also claimed by two or more states will be handed to the State which was the first to claim him unless the state to whom the request had been made to is compelled by treaty to allow preference to one of the claiming parties.

Article 7. The enacting terms of the present treaty does not apply to infringements having a political nature. The Assassination, the poisoning of a head of state or any attempt on the life of a head of state are to considered as crimes of political nature. An individual whose extradition had been granted for any one of the crimes mentioned in Article 2 of the present convention, will not, in any case, be judged for political reason or for an act of political nature that took place prior to the extradition request, unless such an act was made by the individual while he had complete freedom to leave the country during the month that followed his release from prison either because of acquittal, at the end of his term, or by pardon.

Article 8. An individual having been extruded cannot be, without the consent of the state having granted extradition, detained of tried, in the state which have obtained his extradition, for another crime, or any other causes than that which that have motivated the extradition. This stipulation does not apply to crimes committed prior to the extradition. However, the individual whom will have had complete freedom to leave the country having obtained his extradition and whom will have been found there one month following his release by acquittal, completion of his term or by pardon, may be arrested and tried without consent of the state whom will have granted extradition for crimes other than those that had motivated the extradition demand.

Article 9. When the arrest and the detention of a runaway will be required in the United States by cable or by any other means prior to the presentation of formal evidence, a complaint under oath, as requested by the statutes of the United States of America, will be filed by an agent of the Haitian government in the presence of a judge or any other legal officer authorized to issue warrants in cases of extradition. In Haiti, the diplomatic or consular agent of the United States will address through the intermediary of the Ministry of Foreign Affairs, a complaint to the Governmental Commissioner or any legal officer authorized to issue warrants of commitment. The arrest and temporary detentions of the runaway will end and the prisoner will be released if the formal demand of extradition along with necessary evidence of the crime, are not made in compliance with the stipulations of the present convention and within sixty days as of the date of arrest.

Article 10. Any demand for extradition will be made through the mediation of the diplomatic agents of the highly eminent contracting parties. In the event of absence or prevention of these agents, the demand may be done by the consuls. Such demand will be instructed in compliance with the laws of both parties. Nonetheless if it pertains to an individual already condemned for one of the crimes previously stated, the request will only be accompanied by the condemnation judgment duly certified by the competent state authority who requested the extradition.

Article 11. In the preliminary examination that they may have to do in accordance with their own legislation, the authorities of the requesting state, must be habilitated to decide over the demand for extradition, will accept as valid evidence all the testimonies and the declarations made by the witnesses of the other state, copies of them and writ of arrest issued, as long as these documents are signed by a competent officer of the state requesting the extradition.

Article 12. All objects found in the possession of the runaway that were used in the accomplishment of the crime of which the runaway is accused, or which may serve as proof of such crime will be seized at the time of arrest and turned over with the prisoner to the country requesting extradition. However the rights that any third party may have on these objects will be respected.

Article 13. Cost of detention, of proceedings and delivery made by virtue of the preceding articles, will be at the expense of the demanding party. It is however agreed that the demanding party will have nothing to pay to the public servants of the state to whom the demand is made as they receive fixed salaries. Those employees having no fixed salaries but benefit from sundries, will not claim any expenses other than those allowed them in ordinary criminal proceedings.

Article 14. The stipulations of the present treaty are applicable to the island possessions of the United States of America. If this be the case, the demand for extradition will be addressed to the Governor or to the main authority of that possession by the consult of Haiti.

Article 15. This present Treaty will remain effective until it is denounced and will cease to bind the parties six months after one of them will have notified the other of his intention to end it.