home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. ALVAREZ-MACHAIN
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 91-712. Argued April 1, 1992-Decided June 15, 1992
-
- Respondent, a citizen and resident of Mexico, was forcibly kidnapped
- from his home and flown by private plane to Texas, where he was
- arrested for his participation in the kidnapping and murder of a
- Drug Enforcement Administration (DEA) agent and the agent's pilot.
- After concluding that DEA agents were responsible for the abduction,
- the District Court dismissed the indictment on the ground that it
- violated the Extradition Treaty between the United States and
- Mexico (Extradition Treaty or Treaty), and ordered respondent's
- repatriation. The Court of Appeals affirmed. Based on one of its
- prior decisions, the court found that, since the United States had
- authorized the abduction and since the Mexican government had
- protested the Treaty violation, jurisdiction was improper.
- Held:The fact of respondent's forcible abduction does not prohibit his
- trial in a United States court for violations of this country's criminal
- laws. Pp.3-15.
- (a)A defendant may not be prosecuted in violation of the terms of
- an extradition treaty. United States v. Rauscher, 119 U.S. 407.
- However, when a treaty has not been invoked, a court may properly
- exercise jurisdiction even though the defendant's presence is procured
- by means of a forcible abduction. Ker v. Illinois, 119 U.S. 436.
- Thus, if the Extradition Treaty does not prohibit respondent's abduc-
- tion, the rule of Ker applies and jurisdiction was proper. Pp.3-7.
- (b)Neither the Treaty's language nor the history of negotiations
- and practice under it supports the proposition that it prohibits
- abductions outside of its terms. The Treaty says nothing about
- either country refraining from forcibly abducting people from the
- other's territory or the consequences if an abduction occurs. In
- addition, although the Mexican government was made aware of the
- Ker doctrine as early as 1906, and language to curtail Ker was
- drafted as early as 1935, the Treaty's current version contains no
- such clause. Pp.7-11.
- (c)General principles of international law provide no basis for
- interpreting the Treaty to include an implied term prohibiting
- international abductions. It would go beyond established precedent
- and practice to draw such an inference from the Treaty based on
- respondent's argument that abductions are so clearly prohibited in
- international law that there was no reason to include the prohibition
- in the Treaty itself. It was the practice of nations with regard to
- extradition treaties that formed the basis for this Court's decision in
- Rauscher, supra, to imply a term in the extradition treaty between
- the United States and England. Respondent's argument, however,
- would require a much larger inferential leap with only the most
- general of international law principles to support it. While respon-
- dent may be correct that his abduction was ``shocking'' and in viola-
- tion of general international law principles, the decision whether he
- should be returned to Mexico, as a matter outside the Treaty, is a
- matter for the Executive Branch. Pp.11-15.
- 946 F.2d 1466, reversed and remanded.
-
- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed
- a dissenting opinion, in which Blackmun and O'Connor, JJ., joined.
-