Legal Question in International Law in Florida

Extradition treaty interpretation
I need interpretation on the following paragraph of the US-Hungary extradition treaty. This is based on a person having been extradited from USA to HUNGARY.
Am I correct in the assumption that Requested State is USA and Requesting State is Hungary? Does this mean that Hungary must request authorization from the USA (Requested State) before detaining a person longer 90 days if there is no charge yet as of that time?

Article 17 - Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for:
c. an offense for which the executive authority of the Requested State has consented to the person�s detention, trial, or punishment. For the purpose of this subparagraph:
ii. the person extradited may be detained by the Requesting State for 90 days, or for such longer time as the Requested State may authorize, while the request under this subparagraph is being proceeded.

Asked on 12/11/01, 8:08 pm

Olufemi Salu Salu and Salu Law Firm, PLLC

0 users found helpful

0 attorneys agreed

Re: Extradition treaty interpretation

Yes, the requested state is USA while the requesting state is Hungary.

The treaty aims at ensuring that persons extradited from USA to Hungary are detained, tried, and convicted under a

system of jurisprudence that is not repugnant or in violation of U.S Constitution and Statutes.

Detention, without any charge, beyond 90 days must have the authorization of the United States under the treaty.

Answered on 12/12/01, 12:23 pm

Keywords

Match Any Match All

Country

State

Area of Law