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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 432


FOREIGN RELATIONS, 1937, VOLUME II
211.68/150
  The Secretary of State to the Minister in Greece (MaceVeagh)
No. 379                             WASHINGTON, March 29, 1937.
  SnI: Reference is made to your despatch No. 1505, of January 22,
1937, reporting your discussion of the proposed protocol of interpre-
tation of the final clause of Article I of the Treaty of Extradition
between the United States and Greece with the Chief of the Treaty
Division of the Greek Foreign Office.
  The Department has noted Mr. Argyropoulos' opinion that the
protocol would not achieve the desired interpretation of the Treaty
by the Greek courts and, incidentally, that the courts had correctly
interpreted the language of the final clause of Article I in the Insull
case.
  While the Department cannot, of course, insist upon acceptance by
the Greek Government of the protocol, neither is it in a position to
agree to an alteration of the Treaty so as to bring it in harmony with
the provisions of the Greek Extradition Law of February 7, 1904,
which applies to procedure under treaties of the type of the Extradi-
tion Treaty between Greece and Belgium, nor does it desire merely
to withdraw the notice of abrogation in the hope that the Greek
courts will in future cases apply the Treaty in a manner more satisfac-
tory to the Department than was done in the Insull case.
  Furthermore, the Department is impressed with the fact that the
Greek Ministry of Justice has raised no objection to the proposed
protocol.
  Under these circumstances, it is desired, if you perceive no serious
objection to such a course, that you explain to the Foreign Office
that, as it is impossible to harmonize the extradition procedure in
the United States with Greek procedure under the Law of February
7, 1904, it is the opinion of your Government that the proposed
protocol, despite such misgivings as Mr. Argyropoulos may have as
to the manner in which its language might be interpreted by the
Greek courts, constitutes the best compromise arrangement available
and therefore that your Government would be pleased to enter into
this arrangement and trusts that the Greek Government will find
its way to do so.
  Very truly yours,                  For the Secretary of State:
                                               R. WALTON MOORS
432


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