Artukovic v. Boyle

HALL, District Judge.

The holding of this court — 107 F. Supp. 11 — that no treaty was in existence between the United States of America and the country now known as Yugoslavia, was reversed by the United States Court of Appeals for the Ninth Circuit—Ivancevic v. Artukovic, 211 F.2d 565, certiorari denied 348 U.S. 818, 75 S.Ct. 28, 99 L.Ed. 645.

Article VI of the Treaty, May 17, 19Ó2, 32 Stat. 1890, in its pertinent portion, provides as follows:

“A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves…