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possessions, and protectorates (including the Island of Cyprus), to which the above declaration of accession applies, on the 1st July next.
R. H. CLIVE. Berne, June 14, 1912.
Portugal (and Portuguese Colonies), March 29, 1911.
EXTRADITION TREATY BETWEEN THE REPUBLIC OF SALVADOR AND THE
1 REPUBLIC OF MEXICO
Signed in the City of Guatemala, January 22, 1912; ratified July 27, 1912
The Republic of Salvador and the United States of Mexico, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories and jurisdictions, that persons guilty of crime should be reciprocally delivered up, have resolved to conclude an extradition treaty and have named as their plenipotentiaries respectively:
The President of the Republic of Salvador: Dr. Francisco A. Lima, Chargé d'Affaires in Guatemala; and
The President of the United States of Mexico: Licentiate Victoriano Salado Alvarez, Envoy Extraordinary and Minister Plenipotentiary of the United States of Mexico in Guatemala and Salvador.
Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles:
The high contracting parties bind themselves to surrender to each other those persons who, having been accused of any of the crimes indicated in the following article or having been convicted of any of said crimes, by a competent authority, shall have taken refuge in the territory of the other state.
1 Bolétin del Ministerio de Relaciones Exteriores de El Salvador, Año II, No. VI, pp. 20–24, No. VII, p. 21.
When the commission of the crime has taken place outside of the territory of the contracting parties, the requisition for extradition shall be given due course if the laws of the requesting country authorize the prosecution of that crime committed abroad.
With the exception of those crimes enumerated in Article IV, extradition shall be granted for all common crimes which, in accordance with the laws in force in the contracting states at the time the demand for surrender is made, have been punished or are punished with restriction of personal liberty (imprisonment) for more than one year.
Extradition shall also be granted for an attempt to commit or complicity in said crimes when either one or the other have been punished or may be punished with restriction of personal liberty (imprisonment) for more than one year in conformity with the laws of the two countries.
The determination of minority, in those crimes which are based on such status, shall be made in accordance with the laws of the state demanding the extradition.
Extradition may be granted in the discretion of the state from which it is requested, even for those crimes not embraced in the preceding article, when so permitted by the laws in force in the contracting states at the time the request is made
Extradition shall not be granted:
3rd. For crimes which fall under the jurisdiction of military authorities.
4th. For political offenses or for acts connected therewith.
Extradition shall, notwithstanding, be granted, even if the accused aileges a political motive or end, if the act for which he is prosecuted constitutes principally a common crime.
The attempt against the life of the chief or sovereign of one of the contracting states or against the members of their respective families, or against the minister of the state, shall not be held to constitute a political crime, nor connected therewith, if said attempt should consist in homicide or poisoning in any punishable degree.
If the person whose extradition is requested is being prosecuted criminally or is under arrest for the commission of a crime in the country wherein he has taken refuge, his surrender may be deferred until the final disposition of the case or until the term of the sentence imposed on him has expired.
No civil or commercial action brought against the person whose extradition is requested shall be any obstacle to the granting of the same; but in such case his surrender may be deferred if the state on whom the demand is made is of the opinion that by his absence the interests of his creditors would be seriously damaged.
Extradition may be refused if, in accordance with the laws of either of the two states, the prosecution or the penalty is barred by the statute of limitations.
The person whose extradition has been demanded shall not be arrested for any other act which he may have committed before his surrender, unless said act constitutes an offense connected with that for which his extradition is requested and is proved by the same evidence on which the demand for extradition is based, or if said person, after being released and having had an opportunity to leave the country wherein he was arrested, shall have remained therein for over two months without having made use of that opportunity.
When the person whose extradition is requested has been accused of a capital crime or has been sentenced to death, the government applied to may ask, on granting the extradition, that said penalty be commuted for the next inferior penalty, through a pardon which shall be granted in the manner prescribed by the laws of the demanding country.
The demand for extradition must be presented through the diplomatic agents of the high contracting parties respectively, and in default thereof through their consular officials.
Extradition shall be granted on presentation of a judgment sentencing the accused, or of a warrant of arrest, or any other order, emanating from the proper authorities, subjecting the accused to judicial punishment, provided these documents contain the necessary requisites to show the nature and seriousness of the offense which has actuated the demand.
The documents above referred to shall be presented either in the original or by certified copy thereof, as the laws of the demanding government may provide, and shall be accompanied with the text of the laws applied or applicable to the case, and, if possible, with the description of the person claimed or some other data which may be used to prove his identity.
ARTICLE X In case of urgency the provisional arrest of the accused may be granted on notice, given, even by telegraph, by one of the two governments or through its diplomatic representative to the Minister of Foreign Relations of the other, of the existence of some of the documents referred to in the preceding article.
In such case, the person arrested shall be released if, at the expiration of three months from the date of his arrest, or of a longer period of time which the government applied to may legally determine, sufficient proof to warrant the extradition has not been presented.
ARTICLE XI If the person claimed by one of the contracting parties should also be claimed by a third state, preference shall be given to the demand based on the offense which the state applied to shall regard as the more serious one.
If the offenses should be deemed equally serious, preference shall be given to the demand bearing the earlier date.
The money and articles found in the possession of the fugitive at the time of his arrest shall be secured and delivered to the demanding state. The money and articles legally belonging to the person arrested, even if found in possession of some other person, shall be delivered, if, after the arrest of the accused, they should come to the hands of the authorities.
The delivery shall not be confined to the articles secured by the commission of the offense for which extradition is demanded, but shall extend to all such articles as may serve to prove the crime, and said delivery shall be made even when extradition cannot take place by reason of the escape or death of the accused.
The rights of third parties in the articles seized shall, however, be protected, provided they are not implicated in the crime, and said articles shall be restored gratuitously at the end of the trial.
Extradition shall be allowed by way of transit through the respective territories of the contracting states of those prisoners not belonging to the country through whose territory they pass, by the simple presentation through diplomatic channels of some of the justificative documents, referred to in Article IX of this treaty, either in the original or by certified copy, provided no serious reasons of public policy prevent its being granted, and the offense is not of a political character.
This demand may be made, even by telegraph, from one government to another through their diplomatic agents, respectively, disclosing the offense for which extradition has been asked and the documents on which the demand is based. The government applied to shall order the prisoner to be received and held in custody; but surrender shall not be made until the documents referred to in the first paragraph of this article are presented to said government. If, at the expiration of three months, this requisite has not been complied with, the release of the prisoner shall be ordered.
If in accordance with the laws in force in the state to which the accused belongs, said accused person must undergo trial for infractions committed in the other state, the government of the latter shall furnish all the information and documents, deliver the articles constituting the corpus delicti, and endeavor to provide all other data necessary for the good understanding and disposition of the case.