211.18/14
The Chargé in Costa Rica (Thurston) to the Secretary of State
[Received November 9.]
Sir: I have the honor to refer to the Department’s instruction number 35, of July 14, 1921, (file number 211.18/13) and to report that the Government of Costa Rica has expressed its readiness to conclude with that of the United States a Treaty of Extradition based upon the Treaty of Extradition between the United States and Spain—which was proposed by the Department as a model.
However, the Costa Rican Minister for Foreign Affairs has suggested certain modifications and amendments of the Treaty among which is one which I believe to be unacceptable. This proposed alteration consists of an amendment to Article IV of the draft, worded as follows: “In no case shall the death penalty be applied to the criminal delivered by virtue of extradition in accordance with the rules of this Treaty”.
Another alteration which I believe undesirable is the proposed omission of Clause 3 of Article II, relating to rape and carnal knowledge of children under the age of twelve years.
A third alteration of a possibly objectionable character is the proposed elevation from 200 dollars to 1,000 dollars of the minimum amount criminally involved, as specified in several clauses of Article II.
While the Department did not furnish me instructions which would apply to the action of the Government of Costa Rica in proposing changes in the model treaty submitted, nevertheless I discussed with the Minister for Foreign Affairs the probable objections which would be opposed to his suggested alterations, and was informed by him that he would withdraw them if necessary to insure the negotiation of the Treaty. He requested me to submit to him in writing my opinion on the alterations, which I did. It is improbable that I shall receive his reply before the dispatch of this mail. I am confident, however, that the amendment concerning the death penalty will be withdrawn, and that the other proposed changes will be modified.
Copies of my first note to the Minister for Foreign Affairs, his reply, his draft of the proposed Treaty, a partial translation of same showing departures from the wording of the model Treaty with Spain and my note confirming my oral exposition of possibly unacceptable innovations in the Minister for Foreign Affairs’ draft are transmitted herewith for the Department’s information.3
I have the honor to state that my statements to the Minister for Foreign Affairs were only made after careful study of “Moore on [Page 982] Extradition”, and I venture to hope that my representations meet with the Department’s approval. If so, I respectfully recommend that full power to sign the Treaty be forwarded to me upon receipt of this despatch, to be used subject to the Department’s cabled instructions when informed of the withdrawal of the Minister for Foreign Affairs’ proposed changes.
I have [etc.]
- The only enclosure printed is partial translation of treaty.↩
- Line 8, in Foreign Relations, 1908, p. 729.↩
- Line 5, ibid., p. 727.↩
- Line 6, ibid.↩