New UK/US Extradition Treaty Must be Defeated

Published: 15 August, 2003

Flawed Extradition Treaty Could Target Irish Americans

Your Action Needed Now!

INA members and friends are asked to contact their Senators to request their opposition to the new US-UK Extradition Treaty immediately. The Senate will begin consideration of the treaty when it returns from recess on September 3. You may call 1-202.224.3121 [Senate switchboard] or call your Senator’s district office. To get district office numbers, access your Senator’s webpage by going to http://www.senate.gov, click on “Senators,” or choose your state from the scroll menu. When you call your Senator’s office, ask to speak with the Legislative Assistant for Foreign Affairs.

This treaty was signed by the US and the UK on March 31 but it must be ratified by the U.S. Senate before it becomes law.

While the treaty claims to allow for a refusal of extradition for a political offense, the newly-defined eligible activity not considered a political offense is extremely broad.

One of the most troubling provisions is the transfer of responsibility for determining whether the extradition request is politically – motivated from the courts to the Executive Branch.

The political offense exception includes an attempt or conspiracy to commit, participation in the commission of, aiding and abetting, counseling, or procuring the commission of, or being an accessory before or after the fact to any of a broad list of offenses. Conspiracy charges under UK law are extremely difficult to defend against; and defining what aiding, abetting, counseling might actually mean in particular cases may be up to biased interpretation.

Other key provisions of the new treaty:

* Allows for extradition for one offense, and then subsequent prosecution in the U.K. for an unrelated offense.

* Applies retroactively, for offenses allegedly committed even before the ratification of the treaty.

The Senate Foreign Relations Committee will consider the treaty when the Senate returns from recess on September 3. You are encouraged to contact these offices or the majority and minority committee offices after you call your own two Senators. The numbers for the majority [Republicans] and minority [Democrats] committee staff are: (202) 224 – 4651 and (202) 224 – 3953. The following is a list of Foreign Relations Committee members:

Chairman, Richard Lugar (R-IN); Ranking member, Joseph Biden (D-DE); Lincoln Chafee (R-RI); Chris Dodd (D-CT); George Allen (R-VA); John Kerry (D-MA);

Sam Brownback (R-KS); Russell Feingold (D-WI);

Michael Enzi (R-WY); Barbara Boxer (D-CA); George Voinovich (R-OH); Bill Nelson (D-FL); Lamar Alexander (R-TN); John Rockefeller (D-WV); Norm Coleman (R-MN); Jon Corzine (D-NJ); John Sununu (R-NH)

Thank you for your action!