A man who suffocated his baby daughter and left her body in a toolbag on an expressway overpass near Chicago. Ordinarily, these would be death penalty cases. But these men fled to Mexico, thereby escaping the possibility of execution. The reason: Mexico refuses to send anyone back to the United States unless the U. Some countries want 'death assurances' It may be about to happen again: A Marine accused of murdering a pregnant comrade in North Carolina and burning her remains in his backyard is believed to have fled to Mexico.
Prosecutors said they have not decided whether to seek the death penalty. But if the Marine is captured in Mexico, capital punishment will be off the table.
Fugitives trying to escape the long arm of the law have been making a run for the border ever since frontier days, a practice romanticized in countless Hollywood Westerns. Mexico routinely returns fugitives to the U. But under a treaty with the U. To get their hands on a fugitive, U. The latter shall inform the Requesting Party of the action taken with respect to its request.
Article IV Mandatory Refusal of Extradition Extradition shall not be granted: if the offence for which extradition is requested is considered by the Requested Party to be a political offence or conduct connected with such an offence. Article V Discretionary Refusal of Extradition Extradition may be refused: if the person sought is being prosecuted by the Requested Party for the offence for which extradition is requested; or, if the Requested Party considers that, in the circumstances of the case, and due to the health of the person sought, the extradition would imperil the health or life of that person, in which case the extradition may be deferred.
Article VI Capital Punishment If the offence for which extradition is requested is punishable by death under the law of the Requesting Party, and, if in respect of such offence, the death penalty is not provided for by the law of the Requested Party or is not normally carried out, extradition may be refused unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be carried out.
Article VII Presentation of Requests Requests for extradition made under this Treaty, and all other related documents, shall be transmitted through diplomatic channels.
Article VIII Documents to be Submitted The following documents shall be submitted in support of a request for extradition: in all cases: information about the description, identity, location and nationality of the person sought; a statement prepared by a judicial or public official of the conduct constituting the offence for which the extradition is requested indicating the place and time of its commission, the nature of the offence and the legal provisions describing the offence and the applicable punishment.
This statement shall also indicate that these legal provisions, a copy of which shall be appended, were in force both at the time of the commission of the offence and at the time of the extradition request.
All documents submitted in support of a request for extradition and appearing to have been certified, issued or reviewed by a judicial authority of the Requesting Party or made under its authority, shall be admitted in evidence in the courts of the Requested Party without having to be taken under oath or solemn affirmation and without proof of the signature or of the official character of the person appearing to have signed them. No authentication or further certification of documents submitted in support of the request for extradition shall be required.
Any translation of documents submitted in support of a request for extradition by the Requesting Party shall be admissible for all purposes in extradition proceedings. Article IX Additional Information If the Requested Party considers that the information furnished in support of the request for extradition is not sufficient to fulfill the requirements of this Treaty, that Party may request that additional information be furnished within such time as it specifies.
Article X Provisional Arrest In case of urgency, the Requesting Party may apply, in writing, to the competent authorities of the Requested Party for the provisional arrest of the person sought pending the presentation of the request for extradition.
The request for provisional arrest shall include: information concerning the description, identity, nationality and location of the person sought; a statement that an extradition request will be made subsequently; the name, date and place of the offence and a brief description of the facts of the case; a statement attesting to the existence and terms of an order of arrest or a judgment of conviction; and such further information, if any, to justify the issuance of an order of arrest had the extradition offence been committed, or the person sought been convicted, in or within the jurisdiction of the courts of the Requested Party.
On receipt of such an application for provisional arrest, the Requested Party shall take the necessary steps to secure the arrest of the person sought and the Requesting Party shall be promptly notified of the result of its application.
Provisional arrest shall terminate if, within a period of sixty 60 days following the arrest, the Requested Party has not received the request for extradition and the documents referred to in Article VIII and the person sought is still detained under the provisional arrest warrant. The competent authorities of the Requested Party may release a person provisionally arrested at any time, subject to such conditions as are considered necessary to ensure that such person does not leave its territory.
Release from custody of the person sought at the end of the sixty 60 day time limit shall not prevent subsequent arrest and extradition if the request for extradition and the supporting documents referred to in Article VIII are subsequently received.
Article XI Waiver of Extradition The Requested Party may surrender the person sought to the Requesting Party without formal extradition proceedings, provided the person sought consents to such surrender before a judicial authority after having been informed that the rule of specialty set out in Article XV and the prohibition of re-extradition as set out in Article XVI do not apply to such surrender. Article XII Competing Requests If extradition of the same person is requested by two or more States, the Requested Party shall determine to which of those States the person will be extradited, and shall inform the Requesting Party of its decision.
In determining to which State a person is to be extradited, the Requested Party shall have regard to all relevant circumstances, including: the relative seriousness of the offences, if the requests relate to different offences; the time and place of commission of each offence; the respective dates of the requests; the nationality of the person; and the ordinary place of residence of the person.
Reasons shall be given for any complete or partial rejection of an extradition request. These are the core obsessions that drive our newsroom—defining topics of seismic importance to the global economy. Our emails are made to shine in your inbox, with something fresh every morning, afternoon, and weekend.
On Aug. Six Mexican nationals were killed in the attack, which was thought to be motivated by anti-Hispanic sentiment based on a manifesto police believe Crusius posted online right before the shooting. But extraditing the American shooter to Mexico for crimes committed in the US is not a simple process, or necessarily one that will meet with success.
The US and Mexico have had an extradition treaty in place since , which was renewed in Given that American authorities will also want to prosecute Crusius and that he is American, it seems highly unlikely that they will turn the shooter over to Mexicans wishing to do the same for crimes committed on US soil.
The Department of Justice DOJ rule on foreign extradition outlines the process countries go through to obtain custody of a fugitive generally.
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