N o te
T h is i s a 7 * » liia in a iy d o w tw i*
« m 1 u a lw ly
f o r t h e p e r s o n a l u s e o f m e m b ers o f t h e O o o n d s s io n .
and t h e i r s u b s titu te s «
SECRET
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WAR ' ( H I ^ S
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Jime, 1944
'OOnHLSSIQN - v *
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COMMITTEE I I
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ARTICLE
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OP THE CONVENTION FOR THE TRANSFER OP WAR CRIMINALS
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ALTERNATIVE TEXT SUBMITTED BT DR. LIANG AND THE
SECRETART-GENERAI,1
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Draft A -- --- -
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(1 ) If-at the time when the request i ^ meuid the alleged c£.fander*
is undergoing investigation or is On trial in the courts of the
-requested state for a crime, whether a War o r lm e 'or not, that
atate may flecllyc. t d transfer him tarfrjl
pgoo»»<3tingfl are
tenataatafl. ' '
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(2 ) : In the event*:c t sentence of detention in a penal institution
having been pronounced, tjie execution:of the sentence shall be
suspendedj i f the 'transfer of the carrvioted person is requested
. in.accordance idth Articles 1 ^ » 4 2 , i.
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( 3) A sentence of death shall however be executed although one or
^more-of the High Contracting Parties have requested the transfer of
the offender«
I Y u*w *- « £ 3 j ^ v : 2 s£=..
j £ «¿'
(4 ) When an alleged offender whose transfer has been requested ly
two or more High Contracting Parties has been tried and sentenced
by their courts, the sentences shall be executed in the states
concerned in the order of their' dates: provided that, i f the offender
has been sentenced to death in one of the requesting state* he shall
be transferred to that fftate for execution.
Draft B
(l ) If at’’ the time when the request is made the alleged offender
is undergoing investigation or is on trial in the courts of the
requested state for a war crime, that state may decline to transfer
him until the proceedings are terminated«
(Paragraphs 2 , 3 ani 4 as in A)
Draft C
(l ) I f at the time w h e n tho request is made the alleged offender *
is undergoing investigation or is an trial in the courts of the
requested state for a ............. which is more serious than that far which
the transfer is requested, that state may decline to transfer him until"
the proceedings are terminated«
(Paragraphs 2 , 3 and 4 os in A)
P.T.O.
PURL: https://www.legal-tools.org/doc/25678f/
(l ) If at the time when th e r e quest
offender is undergoing investigation
of the requested state far a
:higher majrfmum-penalty than that far
requested, that state may'decl^na tn
proceedings are terminated«
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in mode tho alleged
oar is oh trial in the courts
whioh is punlshablowith a
»hloh tfte^tri
jf^ntf^r
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(Paragraphs 2 , 3 and 4 as in k )
Commentary
All four Drafts are on the same basis as the Ministers
o f Justice Draft, -i , e . ,, they treat .the existence cf crim inal;
proceedings in the requested.state as merely entitling i t to
suspend transfer of the alleged, offender until he has been
sentenced or acquitted •» not to refuse. transfer altogether
or until the sentence has been served*
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If this is accepted, there are only two point« to b e ».
decided, which all arisd on Paragraph A«
The Canaittee has ;
Firstly m To choose between Drafts A end B of Paregraph ( l ) ,
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Secondly * To fill in the blank spaoe in ParagraptaB and C
in accordance with tha derision taken 4&& sheas .
between these twe Drafts# ..
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PURL: https://www.legal-tools.org/doc/25678f/