In re Extradition of David, Civ. No. 73-300-E.
| Court | U.S. District Court — Eastern District of Illinois |
| Citation | 395 F. Supp. 803 |
| Docket Number | Civ. No. 73-300-E. |
| Parties | In re the Extradition of Christian Jacques DAVID. |
| Decision Date | 13 June 1975 |
395 F. Supp. 803
In re the Extradition of Christian Jacques DAVID.
Civ. No. 73-300-E.
United States District Court, E. D. Illinois.
June 13, 1975.
Paul M. Caldwell, Benton, Ill., Michael J. Rovell of Jenner & Block, Chicago, Ill., Ivan S. Fisher, New York City, for David.
ORDER
FOREMAN, District Judge.
This is an international extradition proceeding instituted by the United States Attorney for the Eastern District of Illinois acting on behalf of the Republic of France. The amended complaint for extradition alleges that Christian Jacques David, a citizen of France, is legally charged in France with the murder of a police commissioner and with the attempted murder of a police officer. It is further alleged that David has sought asylum in the United States and may be found within this judicial district. The complaint prays that this Court find that David is extraditable under the 1911 Extradition Treaty with France, and certify said finding to the Secretary of State pursuant to the terms of 18 U.S.C. § 3184.
Respondent, David, through his attorneys, raised numerous objections and defenses at the final hearing in this case. Several of these matters were taken under advisement and therefore must be ruled on at this time.
I
David objects to the admissibility of Exhibit Number One of the Republic of France. The Exhibit consists of a number of different documents written in French with English translations. These documents represent the larger part of the proof presented against David. They include depositions, the warrant for arrest, a request for extradition, and photographs and fingerprints of the man wanted by France. It is obvious that if Exhibit Number One is not admissible, then there is no adequate basis for permitting his extradition to France.
David's primary objection to Exhibit Number One is that it is not properly authenticated. The proper method for authenticating the documents contained in Exhibit Number One is to have them certified by the principal consular officer of the United States residing in France, 18 U.S.C. § 3190. All of the documents in the exhibit are so certified. David contends, however, that this certification is invalid because there is a blank on the certificate which is not filled in. It is clear that "France" goes in the blank space. The Court feels that this omission is in the nature of a clerical error and does not affect the validity of the certification. Certificates which are in substantial conformity
David also claims that the documents in Exhibit Number One are inaccurately translated. The only basis for this claim is that one page of the translation contains fewer paragraphs than the original French document. The Court feels that the translations must be presumed to be correct unless David presents some convincing evidence otherwise. The fact that one page of the translation contains fewer paragraphs than the original is not in itself sufficient to impeach the authenticity of the translation.
David also objects to the admissibility of Exhibit Number One because it contains hearsay and legal conclusions. This objection is without merit. Ordinary rules of evidence do not apply to extradition proceedings. Documents which are otherwise properly certified are admissible at an extradition hearing even though they would not be admissible at a criminal trial, In re Lo Dolce, supra; Caputo v. Kelly, 19 F.Supp. 730 (D.C.N.Y.1937).
David's objections to Exhibit Number One have all been denied. Since the documents contained therein are relevant to this proceeding, France's Exhibit Number One will be admitted into evidence.
II
David also seeks to have the testimony of France's only two witnesses stricken. These witnesses testified that fingerprint...
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Gon v. Holder
...The Government is not required to provide certified translations of the charging documents. See, e.g., In re Extradition of David, 395 F.Supp. 803, 806 (E.D.Ill.1975) (“[T]ranslations must be presumed to be correct unless [the fugitive] presents some convincing evidence otherwise.”); Ntakir......
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Gon v. Holder
...The Government is not required to provide certified translations of the charging documents. See, e.g., In re Extradition of David, 395 F.Supp. 803, 806 (E.D.Ill.1975) (“[T]ranslations must be presumed to be correct unless [the fugitive] presents some convincing evidence otherwise.”); Ntakir......
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In the Matter of The Extradition of Zhenly Ye Gon
...“[T]ranslations must be presumed to be correct unless [the respondent] presents some convincing evidence otherwise.” In re David, 395 F.Supp. 803, 806 (E.D.Ill.1975); accord Ntakirutimana v. Reno, 184 F.3d 419, 430 (5th Cir.1999) (“The extradition court need not independently inquire into t......
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IN RE EXTRADITION OF AQUINO, Mag. No. 09-mj-7035 (ES).
...conformity to the requirements of the statute, thus providing reasonable assurance of authenticity); see, also, In re David, 395 F.Supp. 803, 805 (E.D.Ill.1975) (holding mere oversights such as a clerical error shall not affect the validity of the certification, if the certification substan......