Saroop v. Garcia ( 1997 )

Opinions of the United
1997 Decisions States Court of Appeals
for the Third Circuit
3-21-1997
Saroop v. Garcia
Precedential or Non-Precedential:
Docket 96-7196
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 96-7196
___________
U.S.A. EX REL: LOLITA SAROOP
v.
JESUS A. GARCIA
Lolita Saroop,
Appellant
_______________________________________________________
On Appeal from the District Court of the Virgin Islands
Division of St. Croix
(D.C. Civil Action No. 96-cv-00006)
___________________
Argued December 13, 1996
Before: SCIRICA, NYGAARD and McKEE, Circuit Judges
(Filed March 21, 1997)
MELODY M. WALCOTT, ESQUIRE (ARGUED)
Office of the Federal Public Defender
P.O. Box 3450
Christiansted, St. Croix
U.S. Virgin Islands 00822
Attorney for Appellant
MICHAEL A. HUMPHREYS, ESQUIRE (ARGUED)
Office of the United States Attorney
1108 King Street, Suite 201
Christiansted, St. Croix
U.S. Virgin Islands 00820
Attorney for Appellee
1
__________________
OPINION OF THE COURT
__________________
SCIRICA, Circuit Judge.
The issue on appeal in this habeas corpus case is the
validity of the extradition treaty between the United States and
Trinidad and Tobago. The district court found there was a valid
treaty permitting extradition. We will affirm.
I.
In 1991, Lolita Saroop, a citizen of Trinidad and
Tobago, was indicted in the United States Virgin Islands for drug
trafficking and conspiracy.1 She was charged with supplying and
packaging illegal drugs for a conspiracy based in St. Croix and
profiting from their sale.2
1. The Indictment contained four counts:
(1) Conspiracy to unlawfully possess, import and distribute, and
possess aboard an aircraft arriving in the United
States, quantities of controlled substances, including
cocaine and cocaine base in violation of 21 U.S.C. §§
846, 963;
(2) Attempt to unlawfully import into the United States a
Scheduled II controlled substance in violation of 18
U.S.C. § 2 and 21 U.S.C. §§ 952(a), 960(a)(1), 963;
(3) Unlawfully possessing and bringing on board an aircraft
arriving in the United States a Scheduled II controlled
substance which was not a part of the aircraft's
manifest in violation of 18 U.S.C. § 2, and 21 U.S.C.
§§ 955, 960(a)(1); and
(4) Attempt to possess with the intent to distribute a Scheduled
II controlled substance in violation of 18 U.S.C. § 2,
and 21 U.S.C. §§ 841(a)(1), 846.
2. In 1991, Burrell Gill, a co-conspirator, was convicted on
these charges in the Virgin Islands. United States v. Gill, 968
F.2d 14 (3d Cir.), cert. denied, 506 U.S. 963 (1992).
2
Citing a 1931 treaty between the United States and
Great Britain, the United States sought her extradition.3 Saroop
claimed the 1931 United States-Great Britain treaty was never
ratified by the independent nation of Trinidad and Tobago. An
invalid treaty, she argued, could not support her extradition.
But the Trinidad and Tobago courts found the treaty valid and
refused to quash the extradition arrest warrant. In 1995, the
government of Trinidad and Tobago surrendered Saroop to the
United States Marshal for transfer to St. Croix.
While awaiting trial in the United States Virgin
Islands, Saroop filed a petition in absentia with the Privy
Council for leave to appeal from the judgment of the High Court
of Justice of Trinidad and Tobago. The Privy Council is the
court of last resort in the British Commonwealth of which
Trinidad and Tobago is a participating member. This legal
structure survived Trinidad and Tobago's independence from Great
Britain. The Privy Council denied her petition without a
hearing.
In 1996, Saroop filed a habeas corpus petition under 28
U.S.C. § 2255 in the District Court for the Virgin Islands
raising the same argument rejected by Trinidad and Tobago - that
her extradition was unlawful because there was no valid
extradition treaty. Finding a valid treaty between the two
3. Extradition is defined as "the process by which a person
charged with or convicted of a crime under the law of one state
is arrested in another state and returned for trial or
punishment." Restatement (Third) of The Foreign Relations Law of
the United States § 474, pt. IV.
3
nations, the district court denied her petition. This appeal
followed.4
II.
We have jurisdiction under 28 U.S.C. § 1291. We review
legal conclusions on a plenary basis and factual findings for
clear error. Yohn v. Love, 76 F.3d 508, 515 (3d Cir. 1996);
United States ex rel. Schiano v. Luther, 954 F.2d 910, 911 (3d
Cir. 1992). Interpretations of foreign law are subject to
plenary review and may be resolved by reference to any relevant
information. Grupo Protexa S.A. v. All American Marine Slip, a
Div. of Marine Office of America Corp., 20 F.3d 1224, 1239 (3d
Cir.), cert. denied, 115 S. Ct. 481 (1994); Kilbarr Corp. v.
Business Sys. Inc., B.V., 990 F.2d 83, 87-88 (3d Cir. 1993);
Mobile Marine Sales, Ltd. v. M/V Prodromos, 776 F.2d 85, 89 (3d
Cir. 1985); Fed. R. Civ. P. 44.1.
4. Saroop is still in custody in MDC Guaynabo, Puerto Rico,
awaiting trial. The district court stayed the criminal
proceedings pending appeal.
4
III.
Because treaties are agreements between nations,
individuals ordinarily may not challenge treaty interpretations
in the absence of an express provision within the treaty or an
action brought by a signatory nation. Although the district
court found Saroop had standing, the government contends only
Trinidad and Tobago had standing to sue.5 See United States v.
Riviere, 924 F.2d 1289, 1298-1301 (3d Cir. 1991) ("Dominica has
exercised its power to surrender Riviere as a matter of comity
for charges not listed in the extradition order; Riviere has no
basis for objection to its actions."); Matta-Ballesteros v.
Henman, 896 F.2d 255, 259 (7th Cir.), cert. denied, 498 U.S. 878(1990) ("Treaties are designed to protect the sovereign interest
of nations, and it is up to the offended nations to determine
whether a violation of sovereign interests has occurred and
requires redress"); United States v. Diwan, 864 F.2d 715, 721
(11th Cir.), cert. denied, 492 U.S. 921 (1989); United States v.
Najohn, 785 F.2d 1420, 1422 (9th Cir.), cert. denied, 479 U.S.
1009 (1986).
Had Saroop brought suit invoking the treaty or the Rule
of Specialty, she would lack standing.6 United States v.
5. Although not directly raised on appeal, the government has
asked us to revisit it. Because standing was argued before the
district court we will address it.
6. "The rule of specialty is based on principles of
international comity and is designed to guarantee the
surrendering nation that the extradited individual will not be
subject to indiscriminate prosecution by the receiving
government." Leighnor v. Turner, 884 F.2d 385, 389 (8th Cir.
1989); see Fiocconi v. Attorney General of United States, 462
F.2d 475, 481 (2d Cir.), cert. denied, 409 U.S. 1059 (1972);
5
Riviere, 924 F.2d 1289, 1300-1301 (3d Cir. 1991); Matta-
Ballesteros v. Henman, 896 F.2d 255, 259 (7th Cir.), cert.
denied, 498 U.S. 878 (1990) ("It is well established that
individuals have no standing to challenge violations of
international treaties in the absence of a protest by the
sovereigns involved."); United States v. Cordero, 668 F.2d 32, 37
(1st Cir. 1981). But Saroop does not invoke the terms of the
treaty to avoid extradition. Instead, she asserts the treaty is
invalid.
For this reason, we believe the government's reliance
on United States v. Riviere, 924 F.2d 1289 (3d Cir. 1991), is
misplaced. In Riviere, the petitioner contended his extradition
from Dominica on drug charges violated the extradition treaty
between the United States and Dominica and the Rule of Specialty,
and barred his prosecution for firearms offenses. Because the
extradition agreement runs between sovereigns, not individuals,
and because Dominica consented to extradition, we held Riviere
lacked standing. Riviere's rights to challenge extradition were
"derivative." Rather than invoking derivative rights, Saroop
maintains there was no extradition treaty between the United
States and Trinidad and Tobago. Where the validity of the
extradition treaty itself has been challenged, a petitioner like
Saroop has standing.
IV.
(..continued)
Bassiouni, International Extradition: United States Law and
Practice, vol. 1, ch. 7, p. 359-60 (2d rev. ed. 1987). Saroop
has not set forth a specialty challenge to her extradition.
6
In 1931, the United States entered into an extradition
treaty with Great Britain. In 1935, Great Britain adopted an
Order in Council7 that provided:
From and after the 24th day of June 1935, the Extradition Acts
1870-1932 shall apply in respect of the United Kingdom
of Great Britain and Northern Ireland, the Channel
Islands, the Isle of Man, and all British Colonies in
the case of the United States of America under and in
accordance with the said treaty of the 22nd December
1931.
The 1931 treaty, therefore, defined the United States'
relationship with Trinidad and Tobago, at the time a colony of
Great Britain.
On August 31, 1962, Trinidad and Tobago became an
independent dominion of Great Britain under the Order in Council
of 1962 and the Trinidad and Tobago Independence Act 1962. On
August 1, 1976, Trinidad and Tobago's dominion status ceased by
virtue of the Constitution of Trinidad and Tobago Act 1976.
Thereafter, Trinidad and Tobago became an independent republic.
Saroop contends there was no valid extradition treaty
with the United States because Trinidad and Tobago was neither a
named party to the original 1931 extradition treaty nor did it
ratify or expressly adopt it. The government proffers two
7. "The Sovereign of the United Kingdom has inherent power to
legislate or issue executive instructions by exercise of the
Royal Prerogative. . . . An Order of Her Majesty in Council is
made with the advice of the Privy Council, and signed by the
Clerk of the Council. An Order in Council is nearly always used
in establishing the Constitution of a Dependent Territory. They
are also used for ordinary legislation or for extending
particular Acts of the United Kingdom Parliament to the dependent
territories." 3 Guy W. Lewin Smith, Modern Legal Systems
Cyclopedia 3.260.6, § 1.1(B)(4) (Kenneth Robert Redden ed.,
William S. Hein & Co. 1990). Trinidad and Tobago was considered
a "Dependent Territory" before it became an independent republic.
7
arguments in support of a valid treaty - deferral to the judgment
of the High Court of Justice of Trinidad and Tobago under the
international principle of comity and deferral to the
understanding of each sovereign's executive branch as evidenced
by their actions and pronouncements. On either ground, the
district court found that Saroop was properly extradited.
A
Saroop presented her arguments against extradition in
the courts of Trinidad and Tobago. At each level, the courts
found her claim meritless. The High Court of Justice found no
ground to bar Saroop's extradition under the 1931 extradition
treaty between the United States and Great Britain. The High
Court wrote:
By Section 4 of [the 1962 Act], the [Extradition] Act qualified
as one of the existing laws of the Colony of Trinidad
and Tobago immediately before the commencement of [the
1962 Act]. It was consequently preserved by the
provisions of that section as part of the law of the
independent Dominion of Trinidad and Tobago. . . . But
all existing laws then in force [prior to 1976] in the
independent Dominion of Trinidad and Tobago were
preserved as part of the law of the Republic by Section
4 of the 1976 Act so that the [Extradition] Act
continued its life thereafter as part of the law of the
Republic.
In the Matter of Itmo Lolita Saroop, H.C.A. No. 3040, at 5-6
(High Court of Justice Nov. 29, 1993). The High Court expressly
held the 1931 treaty was incorporated into the law of the
independent nation of Trinidad and Tobago and was still binding.
Under the international principle of comity this
judgment is entitled to recognition. The Supreme Court has
defined comity as:
8
neither a matter of absolute obligation, on the one hand, nor of
mere courtesy and good will, upon the other. But it is
the recognition which one nation allows within its
territory to the legislative, executive or judicial
acts of another nation, having due regard both to
international duty and convenience and to the rights of
its own citizens, or of other persons who are under the
protection of its laws.
Hilton v. Guyot, 159 U.S. 113, 163-64 (1895); see also
Philadelphia Gear Corp. v. Philadelphia Gear de Mexico, S.A., 44
F.3d 187, 191 (3d Cir. 1994)("Under the principle of
international comity, a domestic court normally will give effect
to executive, legislative, and judicial acts of a foreign
nation.")(quoting from Remington Rand Corporation-Delaware v.
Business Sys. Inc., 830 F.2d 1260, 1266 (3d Cir. 1987)). Such
deference "fosters international cooperation and encourages
reciprocity, thereby promoting predictability and stability
through satisfaction of mutual expectations." Spatola v. United
States, 925 F.2d 615, 618 (2d Cir. 1991) (quoting from Laker
Airways, Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909,
937 (D.C. Cir. 1984)).
While the comity doctrine does not reach the force of
obligation, it creates a strong presumption in favor of
recognizing foreign judicial decrees.8 See Republic of
Philippines v. Westinghouse Electric Corp., 43 F.3d 65, 75 (3d
Cir. 1994); Brady v. Brown, 51 F.3d 810, 816 (9th Cir. 1995).
8. We note as to foreign judgments in particular, the
Restatement provides: "[A] final judgment of a court of a
foreign state . . . establishing or confirming the status of a
person . . . is conclusive between the parties, and is entitled
to recognition in courts in the United States." Restatement
(Third) of The Foreign Relations of The United States § 481
(1986).
9
The decision to defer to a foreign judgment falls within the
sound discretion of the trial judge and comity should be avoided
only when it would be detrimental or prejudicial to the interests
of the United States. See Philadelphia Gear Corp., 44 F.3d at
191; Somportex Ltd. v. Philadelphia Chewing Gum Corp., 453 F.2d
435, 440 (3d Cir. 1971), cert. denied, 405 U.S. 1017 (1972).
But the Supreme Court has required that certain
criteria be satisfied before a court of the United States
recognizes a foreign nation's judgment. The Court said:
[W]e are satisfied that where there has been opportunity for a
full and fair trial abroad [1] before a court of
competent jurisdiction, [2] conducting the trial upon
regular proceedings, [3] after due citation or
voluntary appearance of defendant, [4] and under a
system of jurisprudence likely to secure an impartial
administration of justice . . ., [5] and there is
nothing to show either prejudice in the court, . . . or
fraud in procuring the judgment . . . the merits of the
case should not, in an action brought in this country
upon the judgment, be tried afresh, as on a new trial
or an appeal . . . .
Hilton v. Guyot, 159 U.S. at 202-203. As a condition to honoring
a foreign country's judicial decrees, the Court also requires
reciprocity on the part of the foreign nation. Id. at 210.
Saroop does not contend her judicial proceedings in
Trinidad and Tobago violated the strictures set forth in Hilton
v. Guyot. Nor from our review of the record, does there appear
to be any basis for such a challenge. Saroop, a Trinidadian
citizen, chose to file her action in Trinidad and Tobago. There
is no assertion that Trinidad and Tobago failed to follow its own
regular judicial proceedings, engaged in prejudicial or
fraudulent practices, or refused to extend deference to United
10
States' judicial findings. See In the Matter of Itmo Lolita
Saroop, H.C.A. No. 3040 (High Court of Justice Nov. 29 1993).
In support of her argument to ignore the High Court's
judgment and the international principle of comity, Saroop cites
a 106 year old district court decision, Ex Parte McCabe, 46 F.
363 (W.D. Tex. 1891). But this case is inapposite. In Ex Parte
McCabe the district court held his extradition improper under
principles of comity because of a clear treaty provision and past
United States' practice precluding the extradition of an American
citizen to Mexico. Here, there is no treaty provision or past
practice which precludes reliance on the Trinidad and Tobago
courts' judgment.
Extension of comity will not prejudice the interests of
the United States. Rather it furthers those interests because
the United States recognizes the 1931 treaty as binding itself
and Trinidad and Tobago. Under the doctrine of international
comity, we will defer to the judgment of the High Court of
Justice for Trinidad and Tobago on the validity of the 1931
extradition treaty and its continued vitality at the time of
Saroop's extradition. Therefore, we hold there was a valid
extradition treaty at the time of Saroop's surrender.
B
In the alternative, the district court held there was
an enforceable agreement between the governments of the United
States and Trinidad and Tobago based on their intent and actions.
When determining whether two nations have entered into an
extradition treaty, courts usually defer to the intentions and
11
actions of each nation's executive branch. See Terlinden v.
Ames, 184 U.S. 270, 290 (1902).
In Terlinden, the Imperial German Consul filed a
complaint before a United States Commissioner requesting a
warrant for the arrest and surrender of Gerhard Terlinden, a
subject of the former Kingdom of Prussia and a fugitive from the
German Empire, for forgery and counterfeiting. In 1852, the
United States entered into an extradition treaty with the Kingdom
of Prussia which sanctioned the surrender of fugitives for the
crime of forgery. In 1871, the Kingdom of Prussia was subsumed
into the newly formed German Empire. Terlinden filed a habeas
corpus petition in federal court asserting there was no treaty
between the United States and the German Empire which sanctioned
the extradition of fugitives, and the extradition treaty between
the United States and the former Kingdom of Prussia was
terminated by operation of law after the incorporation of Prussia
into the German Empire.
The Supreme Court examined whether the United States
and Germany acted in accordance with the understanding that the
1852 treaty was still in effect. "[O]n the question whether [the
extradition] treaty has ever been terminated, governmental action
in respect to it must be regarded as of controlling importance."
Terlinden 184 U.S. at 285. It was "out of the question" that a
Prussian fugitive could sue in the United States' courts to
challenge the executive departments' conclusion that the treaty
obligations between the two nations survived the German Empire's
absorption of the Prussian Kingdom. Id. at 286. The Court held:
12
We concur in the view that the question whether power remains in
a foreign state to carry out its treaty obligations is
in its nature political and not judicial, and that the
courts ought not to interfere with the conclusions of
the political department in that regard. . . . The
decisions of the Executive Department in matters of
extradition, within its own sphere, and in accordance
with the Constitution, are not open to judicial
revision . . . ."
Terlinden, 184 U.S. at 288, 290; see also Charlton v. Kelly, 229
U.S. 447, 474-475 (1913).
Whether a treaty remains in force after a change in the
sovereign status of one of the signatories has been treated by
other Courts of Appeals as a political question better left to
the executive branch of government. Then v. Melendez, 92 F.3d
851, 854 (9th Cir. 1996) ("The continuing validity of the Treaty
after Singapore's independence from the United Kingdom presents a
political question, and we must defer to the intentions of the
State Departments of the two countries."); New York Chinese TV
Programs, Inc. v. U.E. Enterprises, Inc., 954 F.2d 847, 852 (2d
Cir.) ("'It is well settled that on the question whether [a]
treaty has ever been terminated, governmental action in respect
to it must be regarded as of controlling importance.' [citations
omitted]. Moreover, the judiciary should refrain from
determining whether a treaty has lapsed, and instead should defer
to the wishes of the elected branches of government." (quoting
from Terlinden, 184 U.S. at 285)), cert. denied, 506 U.S. 827(1992); Matter of Extradition of Tuttle, 966 F.2d 1316 (9th Cir.
1992) (citing Terlinden with approval); Sabatier v. Dabrowski,
586 F.2d 866, 868 (1st Cir. 1978) (the court must give "great"
13
deference to the conduct of the two countries when deciding a
treaty's applicability).
We will look to the intent and actions of Trinidad and
Tobago and the United States to ascertain if there was a valid
treaty. The nations' conduct proves dispositive. Terlinden 184
U.S. at 285; New York Chinese TV Programs, Inc. 954 F.2d at 852;
Sabatier, 586 F.2d at 868.9
We recognize there has been no express confirmation of
an extradition treaty between the United States and the
independent nation of Trinidad and Tobago. Nor has there been an
exchange of diplomatic letters between the two nations expressly
placing Trinidad and Tobago under the 1931 treaty. But Trinidad
and Tobago clearly believes, as demonstrated through its
legislative mandates, there is a valid extradition treaty which
sanctioned its surrender of Saroop to the American authorities.
9. The Vienna Convention of Succession of States in Respect of
Treaties provides:
A bilateral treaty which at the date of a succession of States
was in force in respect of the territory to which the
succession of States relates is considered as being in
force between a newly independent State and the other
State party when:
(a) they expressly so agree; or
(b) by reason of their conduct they are to be considered as
having so agreed.
United Nations Convention on the Succession of States in Respect
of Treaties, (Article 24) Vienna, Austria, August 23, 1978
(emphasis supplied). The United States is a party to the Vienna
Convention and is consequentially bound by its obligations. See
767 Third Avenue Associates v. Permanent Mission of the Republic
of Zaire to United Nations, 988 F.2d 295, 300 (2d Cir.) ("The
Vienna Convention entered into force April 24, 1964. One hundred
and thirteen member states have ratified it, including the United
States . . . ."), cert. denied, 510 U.S. 819 (1993).
14
Under the Constitution of Trinidad and Tobago Act 1976, the laws
in force before the declaration of independence were preserved
and remain in effect as part of the law of the new republic. The
1976 Act Section 5.1 provides in part:
Subject to the provisions of this section, the operation of the
existing law on and after the appointed [independence]
day shall not be affected by the revocation of the
Order in Council of 1962 but the existing laws shall be
construed with such modifications, adaptions,
qualifications and exceptions as may be necessary to
bring them into conformity with the act.
Great Britain's Order in Council of 1962 provided that all laws
in effect prior to Trinidad and Tobago's change of status to an
independent Dominion of Great Britain would remain in effect.
Therefore, the 1935 Order in Council, which specified the United
States-Great Britain 1931 extradition treaty was applicable to
the British colonies, was incorporated into the law of the
independent Trinidad and Tobago nation.
The passage of the Commonwealth and Foreign Territories
Act 1985 by the Trinidad and Tobago legislature confirms its
intention to assume the privileges and obligations of all
extradition treaties Great Britain entered into on its behalf.
The act provides:
Every Order in Council made under the applied United Kingdom Acts
entitled the Extradition Acts, 1870 to 1906, with
respect to any foreign territory and having effect as
part of the law of Trinidad and Tobago immediately
before the commencement of this act shall continue to
have such effect in relation to that foreign territory,
and the Extradition Act and the said applied United
Kingdom's Acts shall continue in force in so far as is
necessary to give effect to any such Order in Council,
until an Order is made under Section 4 applying this
Act to that foreign territory.
15
This statute incorporated the Great Britain treaties, including
the 1931 treaty and the 1935 Order in Council, into Trinidad and
Tobago law.
Additionally, in 1962, Trinidad and Tobago exchanged
diplomatic letters with an emissary of the British government
affirming that Trinidad and Tobago assumed the obligations and
responsibilities found in the 1931 treaty as well as all other
valid international agreements entered into by Great Britain on
its behalf. The letter provides in part:
[A]ll obligations and responsibilities of the Government of the
United Kingdom which arise from any valid international
instrument . . . shall henceforth be assumed by the
Government of Trinidad and Tobago, insofar as such
instruments may be held to have application to Trinidad
and Tobago . . . .
United Nations -- Treaty Series no. 6581. Saroop contends these
letters do not support the treaty's validity because the United
States was not an executor. Nonetheless, the letters illustrate
Trinidad and Tobago's adoption of the 1931 treaty into law.
It is also of some consequence that Trinidad and Tobago
surrendered Saroop to the United States under a diplomatic
request premised on the 1931 extradition treaty. No objection
was made. It is evident that Trinidad and Tobago found the
request proper under an existing extradition agreement.
For its part, there is ample evidence the United States
believes there is an extradition treaty with the independent
nation of Trinidad and Tobago. The United States Congress has
16
listed all its bilateral extradition treaties in 18 U.S.C. §
3181. This includes an extradition treaty with Trinidad and
Tobago signed in 1931 and entered in force in 1935. Furthermore,
the United States recorded the 1931 extradition treaty in the
U.S. State Department's "Treaties in Force" publication. See
Office of the Legal Advisor, U.S. Department of State, Treaties
in Force: A List of Treaties and Other Agreements of the United
States in Force on January 1, 1996.
In the past, the United States State Department,
through its Office of the Legal Advisor, has represented to the
courts that there is a valid extradition treaty between the
United States and Trinidad and Tobago. Hoi-Pong v. Noriega, 677
F. Supp. 1153, 1155 (S.D. Fla. 1988). At the time of Saroop's
surrender, the United States which filed its extradition request
under the 1931 treaty clearly recognized the treaty as governing
the extradition.
Finally, there is a presumption that when a colonized
state earns its independence from a colonial nation, prior
treaties recognized by the former colonial power will devolve to
the successor in interest nation. "Particularly in reference to
emerging nations, the weight of authority supports the view that
new nations inherit the treaty obligations of the former
colonies." Jhirad v. Ferrandina, 355 F. Supp. 1155, 1159
(S.D.N.Y. 1973), rev'd on other grounds, 486 F.2d 442 (2d Cir.
1973) (extradition treaty entered into between the United States
and Great Britain is valid as to India, even though India had
gained its independence from Great Britain); see also
17
Arnbjornsdottir-Mendler v. United States, 721 F.2d 679 (9th Cir.
1983) (The United States-Denmark extradition treaty applied to
Iceland after it became an independent nation). Moreover, the
Vienna Convention acknowledged a presumption that successor
nations adopt the bilateral treaty agreements which their
formerly affiliated countries entered into on their behalf.10
V.
Therefore, based on either the international principle
of comity or the nations' conduct and intent, we agree with the
district court there was a valid binding extradition treaty.
For the foregoing reasons we will affirm the judgment
of the district court.
10. Article 24 of the Vienna Convention provides:
(1) A bilateral treaty which at the date of a succession of
States was in force in respect of the territory to
which the succession of States relates is considered as
being in force between a newly independent State and
the other State party when:
(a) they expressly so agree; or
(b) by reason of their conduct they are to be considered as
having so agreed.
(2) A treaty considered as being in force under paragraph 1
applies in the relations between the newly independent
State and the other State Party from the date of
succession of States, unless a different intention
appears from their agreement or is otherwise
established.
United Nations Convention on the Succession of States in Respect
of Treaties, (Article 24) Vienna, Austria, August 23, 1978.
18
19