Friday, December 19, 2014
They will stay put for now
Both the US and Cuba, now that relations are going to be normalized (less any Republican whackdoodlery), the question arises as to whether the countries will seek extradition for those who fled to the other for various legal and political reasons. At this time, the answer appears to be no.
Sadly, this also means that Cuba can't ask for the return of Ted Cruz's father.
Soon after President Barack Obama announced the restoration of diplomatic ties with Havana on Wednesday, Cuba watchers began to raise questions over potential extradition orders U.S. exiles in Cuba, specifically regarding rights activist Assata Shakur — who has been living on the island for decades.
Shakur and other black activists, including Black Panther Party (BPP) founder Huey P. Newton, fled from U.S. intelligence and security agencies in the 1960s and 1970s to Cuba, which was sympathetic to socialist ideals. Now supporters of Shakur, also known as Joanne Chesimard, wonder what the future holds for the 67-year-old exile.
Questions have also been raised over Cubans who fled to the United States during the same period, especially those who allegedly took part in organizing the failed 1961 Bay of Pigs invasion.
But legal experts say extraditions from either country are unlikely to pass muster considering provisions contained in the extradition treaty the United States has with Cuba.
“The extradition treaty between the U.S. and Cuba went into force on March 2, 1905 … and was never revoked,” Douglas McNabb, an international criminal defense lawyer, told Al Jazeera. “Of course, when diplomatic relations were terminated, from a practical but not legal standpoint the extradition ceased between the two. But now that diplomatic relations are being renewed, the existing treaty is still in force and will not have to be renegotiated.”...
“Article six of the extradition treaty says a fugitive criminal shall not surrender if the offense is of a political character,” McNabb said. “Cuba could say we can’t extradite her based on that … we determined a long time ago that it was politically oriented and we gave her political asylum.”
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