Extraditing Karr From Thailand

ARTICLE 1 Obligation To Extradite

(1) The Contracting Parties agree to extadite to each other, subject to the provisions described in this Treaty, persons found in the territory of one of the Contracting Parties who have been proceeded against for, have been charged with, have been found guilty of, or are wanted for the enforcement of a judicially pronounced penalty for committing an extraditable offense, by the judicial authority of the Requesting State. The term “judicial authority” shall include the police and public prosecution authority for the purpose of proceeding against or charging such persons in accordance with the laws of each Contracting Party….

ARTICLE 2 Extraditable Offenses

(1) An offense shall be an extraditable offense for prosecution or for the imposition of a penalty or detention order only if it is punishable under the laws of both Contracting Parties by imprisonment or other form of detention for a period of more than one year or by any greater punishment….

ARTICLE 6 Capital Punishment

When the offense for which extradition is sought is punishable by death under the laws of the Requesting State and is not punishable by death under the laws of the Requested State, the competent authority of the Requested State may refuse extradition unless:
(a) the offense is murder as defined under the laws of the Requested State; or
(b) the competent authority of the Requesting State provides assurances that it will recommend to the pardoning authority of the Requesting State that the death penalty be commuted if it is imposed.
In the case of the United States of America, the competent authority is the Executive Authority….

ARTICLE 9 Extradition Procedures and Required Documents

(1) The request for extradition shall be made through the diplomatic channel.

(2) The request for extradition shall be accompanied by:
(a) documents, statements, or other evidence which describe the identity and probable location of the person sought;
(b) a statement of the facts of the case, including, if possible, the time and location of the crime;
(c) the provisions of the law describing the essential elements and the designation of the offense for which extradition is requested;
(d) the provisions of the law describing the punishment for the offense; and
(e) the provisions of the law describing any time limit on the prosecution or the execution of punishment for the offense.

(3) A request for extradition relating to a person who is sought for prosecution also shall be accompanied by:
(a) a copy of the warrant of arrest issued by a judge or other competent authority of the Requesting State;
(b) such evidence as, according to the law of the Requested State, would justify that person’s arrest and committal for trial, including evidence establishing that the person sought is the person to whom the warrant of arrest refers.

(4) When the request for extradition relates to a convicted person, in addition to the items required by paragraph (2) of this Article, it shall be accompanied by:
(a) a copy of the judgment of conviction by a court of the Requesting State; and
(b) evidence providing that the person sought is the person to whom the conviction refers.
If the person has been convicted but not sentenced, the request for extradition shall also be accompanied by a statement to that effect. If the convicted person has been sentenced, the request for extradition shall also be accompanied by a copy of the sentence imposed and a statement showing to what extent the sentence has been carried out.

(5) All documents submitted by the Requesting State shall be translated into the language of the Requested State.

(6) Documents transmitted through the diplomatic channel shall be admissible in extradition proceedings in the Requested State without further authentication, or other legalization.

ARTICLE 10 Provisional Arrest

(1) In case of urgency, either Contracting Party may request the provisional arrest of any accused or convicted person. Application for provisional arrest shall be made through the diplomatic channel or directly between the Department of Justice in the United States of America and the Ministry of Interior in Thailand, in which case the communication facilities of Interpol may be used.

(2) The application shall contain: a description of the person sought; the location of that person, if known; a brief statement of the facts of the case including, if possible, the time and location of the offense; a statement of the existence of a warrant of arrest or a judgment of conviction against that person, as referred to in Article 9; and a statement that a request for extradition of the person sought will follow.

(3) The Requesting State shall be notified without delay of the result of its application.

(4) Provisional arrest shall be terminated if, within a period of 60 days after the arrest of the person sought, the competent authority of the Requested State has not received the formal request for extradition and the supporting documents required by Article 9.

(5) The termination of provisional arrest pursuant to paragraph (4) of this Article shall not prejudice the extradition of the person sought if the extradition request and the supporting documents mentioned in Article 9 are delivered at a later date.

ARTICLE 11 Decision and Surrender

(1) The Requested State shall communicate without delay through the diplomatic channel to the Requesting State its decision on the request for extradition.

(2) The Requested State shall provide reasons for any partial or complete rejection of the request for extradition.

(3) If the extradition has been granted, surrender of the person sought shall take place within such time as may be prescribed by the laws of the Requested State. The competent authorities of the Contracting Parties shall agree on the time and place of the surrender of the person sought. If, however, that person is not removed from the territory of the Requested State within the prescribed time, that person may be set at liberty and the Requested State may subsequently refuse extradition for the same offense….

ARTICLE 15 Simplified Procedure

If the person sought irrevocably agrees in writing to extradition after personally being advised by the competent authority of his right to formal extradition proceedings and the protection afforded by them, the Requested State may grant extradition without formal extradition proceedings.