Chargé Hitt to the
Secretary of State.
American Embassy,
Rome, January 30,
1906.
No. 119.]Sir: With reference to your instruction No. 45
of October 17, 1905, and the ambassador’s dispatch No. 106 of the 11th
instant, in regard to the desire of the department to ascertain whether
the declaration amending the Italo-Greek extradition treaty was in
pursuance of any general policy of this Government to extend the period
within which extradition shall take place, and if so whether it is
contemplated to invite amendment to the Italo-American treaty in the
same sense, I have the honor to inform you that I did not fail to recall
the matter to the attention of the minister for foreign affairs upon the
occasion of my first interview with him, on the 17th instant, when he
replied to me that it was a question falling without his province and
one which the judicial authorities must decide. He added that he
expected a communication on the subject from the ministry of grace and
justice, which he would communicate to me immediately, but although I
have twice since referred to the matter when visiting the
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foreign office I have only
just received, under date of the 26th instant, the Italian reply to the
ambassador’s note of the 4th of this month.
Of this note from the foreign office I have the honor to transmit
herewith a copy, with translation, and respectfully invite attention to
the observation therein made as to separating the period within which
the evidence offered must be produced after a provisional arrest has
taken place and that within which the fugitive criminal must be
surrendered.
I have, etc.,
[Inclosure.—Translation.]
The ministry for foreign
affairs to the American
embassy.
In the memorandum of January 4, 1906, the embassy of the United
States asked if it was the intention of the Royal Government to
apply to all its extradition treaties, and in particular those
existing between the United States and Italy, the extension of the
period within which extradition shall take place, as is the case in
the treaty recently amended with Greece. The Royal Government is in
no way opposed to a similar amendment as regards article 2 of the
supplementary convention of June 11, 1884, now in force between the
two countries; but it would be pleased, however, if the aim and
scope of the proposed modifications were fully defined as they are
in the Italian-Greek treaty of 1877, and as other countries have
defined them in their agreements with Italy, viz, two separate
periods, one concerning the presentation of the request in the usual
way with the necessary documents, in the case of the provisional
arrest of a person whose extradition is desired (art. 12); the other
in regard to the making over of the person in question (art. 13).
This latter period, however, remains as in the treaty—that is to
say, it is of one month’s duration.
The period of forty days, as it exists in the convention with the
United States, is similar to the latter, and has nothing to do with
the final surrender of the original.
The Royal Government, however, would be pleased to know precisely if
the American Government wishes to prolong the period in question or
else to extend it as article 13 of the Italian-Greek convention
provides.
