97-272 O Y 4.J89 : 95-18 COMMITTEE ON THE JUDICIARY NINETY-FIFTH CONGRESS FIRST SESSION ON H.R. 7148 TO PROVIDE FOR THE IMPLEMENTATION OF TREATIES COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas ROBERT W. KASTENMEIER, Wisconsin DON EDWARDS, California ELIZABETH HOLTZMAN, New York LAMAR GUDGER, North Carolina ALLEN E. ERTEL, Pennsylvania ANTHONY C. BEILENSON, California ROBERT MCCLORY, Illinois Christopher, Warren,_ Deputy Secretary of State, Department of State_ Flaherty, Peter F., Deputy Attorney General, Department of Justice_ Hill, John L., attorney general of the State of Texas- 212 Prepared statement_ 217 Bennet, Douglas J., Jr., Assistant Secretary for Congressional Relations, Department of State, letter dated October 6, 1977, to Hon. Joshua Eilberg with responses to questions-- Crawford, Curtis C., Acting Chairman, U.S. Parole Commission, Depart- ment of Justice, letter dated September 21, 1977, to Hon. Joshua Department of Justice responses to questions dated September 16, 1977- Suggested refinements and/or alternatives with respect to proposed legis- lation to provide for the implementation of treaties for the transfer of offenders to or from foreign countries, with attachments, S. 1682 and Comparison of H.R. 7148 and S. 1682_ Doyle, Charles, Legislative Attorney, Congressional Research Service, Library of Congress, letter dated June 15, 1977, to House Committee Memorandum, October 14, 1977, "Constitutionality of H.R. 7148". Miller, Arthur S., professor of law, George Washington University, Parsons, Paul D., chairman, "Rights in Mexico," dated July 19, 1977--- "Protection of American Nationals Arrested, on Trial, or Imprisoned," message from Younger, Evelle J., attorney general, State of California, letter dated Page 277 240 231 248 251 IMPLEMENTATION OF TREATIES FOR THE TRANSFER OF OFFENDERS TO OR FROM FOREIGN COUNTRIES FRIDAY, SEPTEMBER 16, 1977 U.S. HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, AND INTERNATIONAL LAW OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The committee met at 9:15 a.m. in room 2141, Rayburn House Office Building, Hon. Joshua Eilberg [chairman of the subcommittee] presiding. Present: Representatives Eilberg, Fish, and Sawyer. Also present: Garner J. Cline, Arthur P. Endres, Jr., Martin H. Belsky, counsel; Raymond P. D'Uva, assistant counsel; and Alexander B. Cook, associate counsel. Mr. EILBERG. The subcommittee will come to order. We are here today to consider an historic, significant, and necessary piece of legislation, H.R. 7148. This bill will provide a mechanism. for the transfer of Americans from foreign jails to American jails, and the transfer of foreign prisoners from American jails to jails in their homelands. While prior laws have implemented extradition treaties, never before have we attempted to provide for imprisonment, probation, and parole of Americans in this country as the result of foreign convictions. It is significant because it will aid in the rehabilitation, and ease the problems, of prisoners by allowing them to return to their homeland to serve their sentence, where they will be closer to families and friends. This bill is necessary because the problem of Americans in foreign jails is of increasing dimensions. There are over 2,300 Americans in foreign jails; 600 are in Mexico alone. These individuals are often serving disproportionate sentences, far from home, families, and friends. The history of this legislation starts about 311⁄2 years ago. Numerous individuals complained that their children, spouses, and friends had been severely abused at the time of arrest and were being detained under intolerable conditions in foreign jails. Many of these individuals were being held for drug offenses and being given punishments far in excess of that provided in this country. The issue was brought to the interest of Congress by numerous Members through congressional inquiries and hearings before the House International Relations Committee in 1975 and 1976. These hearings focused on U.S. citizen prisoners in Mexico, but the problems they discussed and the issues (1) |