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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Greece,   pp. 406-434 PDF (11.0 MB)


Page 430


FOREIGN RELATIONS, 1937, VOLUME II
  Consequently, fearing future misunderstandings, the Foreign Office
does not consider it advisable to proceed to the conclusion of the pro-
tocol as proposed. Mr. Argyropoulos suggested instead that Article
I of the Treaty be changed by replacing the final clause with one giving
the courts the right only to examine questions of identity and the le-
gality and sufficiency of the papers presented in connection with the
request for extradition, no judicial consideration being given to the
question of the guilt of the person accused, i. e., to the substance of the
case.
  In this connection he stated that there are only two types of extra-
dition possible under Greek law. The first is exemplified by the Greco-
Belgian Extradition Treaty of June 26, 1901, and the Greek Extradi-
tion Law of February 7, 1904, Article 4 of which reads as follows:
  The Council of the Court of Appeals meets publicly, unless the ac-
cused asks for a closed session, or will not appear before the Council.
  The Council of the Court, after the examination of the accused
person, if he appeared, and after having heard the prosecuting at-
torney as well as the accused or his counsel, renders its opinion with
explanatory reasons on the request for extradition.
  The Council of the Court decides:
      1) On the identity of the person requested with the arrested;
      2) On the existence of the justificatory documents required by
    the treaty;
      3) On the question whether the individual arrested and the
    infraction with which he is charged are those for which extradi-
    tion may be granted;
      4) On the question whether there exists according to Greek
    law provision for penal action or penalty.
  However, it is not permitted to the Council of the Court to ex-
amine the (bien-fondg) bona fides [sic] of the infraction with which
the accused is charged.
  Copy of the decision in every case is transmitted without delay to
the Ministry of Justice through legal channels, accompanied by all
the documents relating thereto.
- The other type is exemplified by the Greco-British Extradition
Treaty of September 24, 1910, and Greek Extradition Law No. 4031,
applying to treaties of this type. Article 3 of this law reads as
follows:
  Article 4 of the Law of February 7, 1904, is hereby amended as fol-
lows, in regard to this treaty.
  The Council of the Court of Appeals meets publicly unless the ac-
cused asks for a closed session or will not appear before the Council.
The Council of the Court of Appeals after the examination of the
accused person, if he appeared, and after having heard the prosecuting
attorney as well as the accused or his counsel, renders its opinion with
explanatory reasons on the request for extradition.
430


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