PDF If Im Elected - The Decision (Kidnapped)

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The vote on whether to proceed is expected in late February. Conte said on Wednesday that 47 people kept at sea for over a week on the Sea-Watch 3 migrant rescue ship could finally disembark after six countries came forward to take them in. The people were rescued on 19 January off the coast of Libya and have been waiting off Sicily since Friday.

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Matteo Salvini just avoided facing a kidnap trial – thanks to an online vote

The government of Cameroon has called for calm and assured the population the military is working to free the traditional rulers. The separatists have grown increasingly aggressive in recent months. Dozens of policemen and government administrators have been abducted within the past two weeks. In March, the separatists kidnapped about 40 people including Ivo Leke Tambo, a senior government official.

The government says hundreds of people, including more than a hundred policemen and soldiers, have died in violence since January, when Nigeria detained and then extradited separatist leader Ayuk Tabe Julius and 46 other alleged separatists to Cameroon. The separatist groups are demanding the 47 detainees, who have not been seen in public, be released. Open main navigation Live TV. Full Schedule. Live Radio. Live TV.

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  • AGAIN;
  • Jury convicts Illinois man of Chinese graduate student's kidnap-murder.
  • Kidnap charges.
  • More broadly, respondent reasons, as did the Court of Appeals, that all the processes and restrictions on the obligation to extradite established by the treaty would make no sense if either nation were free to resort to forcible kidnapping to gain the presence of an individual for prosecution in a manner not contemplated by the treaty. We do not read the treaty in such a fashion. Article 9 does not purport to specify the only way in which one country may gain custody of a national of the other country for the purposes of prosecution. The history of negotiation and practice under the treaty also fails to show that abductions outside of the treaty constitute a violation of the treaty.

    As the Solicitor General notes, the Mexican Government was made aware as early as of the Ker doctrine and the United States's position that it applied to forcible abductions made outside the terms of the United States-Mexico extradition treaty. Nonetheless, the current version of the treaty, signed in , does not attempt to establish a rule that would in any way curtail the effect of Ker.

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    Moreover, although language which would grant individuals exactly the right sought by respondent had been considered and drafted as early as by a prominent group of legal scholars sponsored by the faculty of Harvard Law School, no such clause appears in the current treaty. Thus, the language of the treaty, in the context of its history, does not support the proposition that the treaty prohibits abductions outside of its terms.

    The remaining question, therefore, is whether the Treaty should be interpreted so as to include an implied term prohibiting prosecution where the defendant's presence is obtained by means other than those established by the treaty. Respondent and his amici may be correct that respondent's abduction was "shocking," and that it may be in violation of general international law principles. Mexico has protested the abduction of respondent through diplomatic notes, and the decision of whether respondent should be returned to Mexico, as a matter outside of the treaty, is a matter for the executive branch.

    The case is unique for several reasons.

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    It does not involve an ordinary abduction by a private kidnapper, or bounty hunter, as in Ker v. Illinois, nor does it involve the apprehension of an American fugitive who committed a crime in one state and sought asylum in another, as in Frisbie v. Collins, Rather, it involves this country's abduction of another country's citizen; it also involves a violation of the territorial integrity of that other country, with which this country has signed an extradition treaty.

    A Mexican citizen was kidnapped in Mexico and charged with a crime committed in Mexico; his offense allegedly violated both Mexican and American law.

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    Mexico has formally demanded on at least two separate occasions that he be returned to Mexico and has represented that he will be prosecuted and punished for his alleged offense. It is clear that Mexico's demand must be honored if this official abduction violated the extradition treaty between the United States and Mexico. In my opinion, a fair reading of the treaty in light of our decision in United States v. Rauscher, and applicable principles of international law, leads inexorably to the conclusion that the District Court, and the Court Appeals for the Ninth Circuit, correctly construed that instrument.

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    The extradition treaty with Mexico is a comprehensive document containing 23 articles and an appendix listing the extraditable offenses covered by the agreement. The Treaty appears to have been designed to cover the entire subject of extradition. Thus, Article 22, entitled "Scope of Application," states that the "Treaty shall apply to offenses specified in Article 2 committed before and after this treaty enters into force," and Article 2 directs that extradition shall take place, subject to this treaty, for willful acts which fall within any of the extraditable offenses listed in the clauses of the appendix.

    Petitioner's claim that the treaty is not exclusive, but permits forcible governmental kidnapping, would transform these, and other, provisions into little more than verbiage. It is true, as the Court notes, that there is no express promise by either party to refrain from forcible abductions in the territory of the other nation. Relying on that omission, the Court, in effect, concludes that the treaty merely creates an optional method of obtaining jurisdiction over alleged offenders, and that the parties silently reserved the right to resort to self-help whenever they deem force more expeditious than legal process.

    If the United States, for example, thought it more expedient to torture or simply to execute a person rather than to attempt extradition, these options would be equally available because they, too, were not explicitly prohibited by the treaty. That, however, is a highly improbable interpretation of a consensual agreement, which on its face appears to have been intended to set forth comprehensive and exclusive rules concerning the subject of extradition.

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