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The Extradition clause or Interstate rendition clause^[1] of the United States Constitution refers to a provision in Article IV, Section 2, Clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime.

Text[link]

Article IV, Section 2, Clause 2:

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

History[link]

Similar to a clause found in the Articles of Confederation, the extradition clause was included because the founders found that interstate rendition was separate from international extradition. Fearing that it was not self-executing, Congress passed the first rendition act in 1793 – now found under 18 U.S.C. § 3182.^[1]

Interpretation[link]

[edit] Kentucky v. Dennison

The meaning of the extradition clause was first really tested in the case of Kentucky v. Dennison. The case involved a man named Willis Lago who was wanted in Kentucky for helping a slave girl escape. He had fled to Ohio, where the governor, William Dennison, refused to extradite him back to Kentucky. In this case, the court ruled that, while it was the duty of a governor to return a fugitive to the state where the crime was committed, a governor could not be compelled through a writ of mandamus to do so.

[edit] Puerto Rico v. Branstad

In 1987, the court reversed its decision under Dennison. The case involved an Iowan, Ronald Calder who struck a married couple near Aguadilla, Puerto Rico. The husband survived but the wife, who was eight months pregnant, did not. Following the incident, Calder was charged with murder and let out on bail. While on bail, Ronald Calder fled to his home-state of Iowa. In May 1981, the Governor of Puerto Rico submitted a request to the Governor of Iowa for extradition of Ronald Calder to face murder charges. The Governor of Iowa refused the request, forcing the Governor of Puerto Rico to file a petition for a writ of mandamus in the United States District Court for the Southern District of Iowa. The Court rejected it, ruling that under Kentucky v. Dennison, the Governor of Iowa was not obligated to return Calder. The United States Court of Appeals for the Eighth Circuit affirmed. The Supreme Court felt differently, ruling unanimously that the Federal Courts did indeed have the power to enforce a writ of mandamus and that Kentucky v. Dennison was outdated.

References[link]

1. ^ ^{a b} Heritage Foundation (Washington, D.C.) (2005). The Heritage Guide to the Constitution. Edwin Meese, III: Regnery Publishing. pp. 273. ISBN 1-59698-001-X. 

Medal record
Men’s baseball
Competitor for  Cuba
Baseball World Cup
Gold	2005 Rotterdam	Team

Leslie Anderson Stephes (born March 30, 1982 in Guantánamo) is a first baseman/outfielder with the Tampa Bay Rays organization. He previously played for the Cuban national baseball team and Camagüey of the Cuban National Series.^[1] He was part of Cuba's roster at the 2006 and 2009 World Baseball Classics.

Anderson, who is primarily a center fielder, hit .363 during the 2005-06 season.^[2] Anderson defected from Cuba and signed a contract with the Tampa Bay Rays prior to the 2010 season.^[3]

References[link]

External links[link]

• Career statistics and player information from Baseball-Reference (Minors)
• Cuban Baseball Career statistics

This biographical article relating to a Cuban baseball outfielder is a stub. You can help Wikipedia by expanding it. v t e

Klaus Barbie
Barbie during the war years.
Born	Nikolaus Barbie (1913-10-25)25 October 1913 Godesberg, Prussia, German Empire
Died	25 September 1991(1991-09-25) (aged 77) Lyon, France (incarcerated)
Nationality	German
Other names	Butcher of Lyon
Occupation	Hauptsturmführer
Known for	Working as a Nazi leader in France, torturing resistance members, and for being a drug lord and arms dealer in Bolivia
Political party	National Socialist German Workers Party (NSDAP)

Nikolaus 'Klaus' Barbie (25 October 1913 – 25 September 1991) was an SS-Hauptsturmführer (rank approximately equivalent to army captain), Gestapo member and war criminal. He was known as the Butcher of Lyon.

Early life and education[link]

Klaus Barbie was born in Godesberg, later renamed Bad Godesberg, which is today part of Bonn. The Barbie family came from Merzig, in the Saar near the French border. His patrilineal ancestors were likely a French Catholic family named Barbier who had left France at the time of the French Revolution.^{[citation needed]}

In 1914, his father Nickolaus Barbie was drafted to fight in World War I. He returned an angry, bitter man. Wounded in the neck at Verdun and captured by the French, whom he hated, he never recovered his health. He became an alcoholic and abused his children. He was later diagnosed with cancer of blood, spine and prostate.^[1]

Until 1923 when he was 10, Klaus, a shy and quiet youth, went to the local school where his father taught. Afterward, he attended a boarding school in Trier and was relieved to be away from his abusive father. In 1925, the entire Barbie family moved to Trier.

In June 1933, Barbie's younger brother Kurt died at the age of eighteen of chronic illness. Later that year, their father died. The death of his father derailed plans for the 20-year-old Barbie to study theology or otherwise become an academic, as his peers had expected. He was passably intelligent without being brilliant, and reasonably popular without being considered a leader. While unemployed, Barbie was drafted into the Nazi labour service, the Reichsarbeitsdienst.^{[citation needed]}

On 26 September 1935 at the age of 22, Barbie joined the Sicherheitsdienst (SD), the special security branch service of the SS {Nr. 272 284}, which acted as the intelligence-gathering arm of the Nazi Party. On 1 May 1937 he joined the Nazi Party {Nr. 4 583 085}. In April 1939, Barbie became engaged to Regina Margaretta Willms, a 23-year-old daughter of a postal clerk.

World War II[link]

After the Nazi conquest and occupation of the Netherlands, Barbie was assigned to Amsterdam. In 1942, after the fall of France, he was sent to Dijon in the Occupied Zone. In November of the same year, he was assigned to Lyon as the head of the local Gestapo. He was 29 years old.

He established his headquarters at the Hôtel Terminus in Lyon. Evidence suggests that he personally tortured prisoners: men, women, and children alike, by breaking extremities, using electroshock, and sexually abusing them, including with dogs, among other methods. He became known as the "Butcher of Lyon".^[2]

Historians estimate that Barbie was directly responsible for the deaths of up to 14,000 people. ^[3][4] He arrested and tortured Jean Moulin, one of the highest-ranking members of the French Resistance and his most prominent victim.

In April 1944, Barbie ordered the deportation to Auschwitz of a group of 44 Jewish children from an orphanage at Izieu. After his operations in Lyon, he rejoined the SIPO-SD of Lyon in Bruyeres-in-Vosges, where he led a massacre in Rehaupal in September 1944.

US intelligence and Bolivia[link]

In 1947, Barbie was recruited as an agent for the 66th Detachment of the U.S. Army Counter Intelligence Corps (CIC).^[5] In 1951, he fled to Juan Peron's Argentina with the help of a ratline organized by U.S. intelligence services^[6] and the Croatian Ustashi Roman Catholic priest Krunoslav Draganović. When asked by Barbie why he helped such escapes, Draganović said, "We have to maintain a sort of moral reserve on which we can draw in the future."^[7]

Barbie emigrated to Bolivia, where he lived under the alias Klaus Altmann. Testimony of the Italian insurgent Stefano Delle Chiaie before the Italian Parliamentary Commission on Terrorism suggests that Barbie took part in the "Cocaine Coup" of Luis García Meza Tejada, when the regime forced its way to power in Bolivia in 1980.^[8]

In 1965 Barbie was recruited by the West German foreign intelligence agency Bundesnachrichtendienst (BND) under the codename "Adler" (Eagle) and the registration number V-43118. He had excellent relations with high-ranking Bolivian officials and was known for his nationalist and anti-communist stance.^[9] His initial monthly salary of 500 Deutsche Mark was transferred in May 1966 to an account of the Chartered Bank of London in San Francisco. During his stint with the BND, Barbie made at least 35 reports to the BND headquarters in Pullach.^[10]

Che Guevara[link]

Reviews of the 2007 documentary My Enemy's Enemy, directed by the British director Kevin Macdonald, note that it suggests Barbie helped the United States' CIA orchestrate the 1967 capture and execution in Bolivia of Che Guevara, a Marxist revolutionary who was active in Cuba and South America.^[11] In 1966 a disguised Guevara had arrived in Bolivia to organize the overthrow of its military dictatorship. According to the film, the CIA used Barbie for his knowledge of counter-guerrilla warfare.^[11]

Alvaro de Castro, a longtime confidant of Barbie, was interviewed for the film. He reportedly said:

"He (Barbie) met Major Shelton, the commander of the unit from the US. (Barbie) no doubt gave him advice on how to fight this guerrilla war. He used the expertise gained doing this kind of work in World War Two. They made the most of the fact that he had this experience."^[11]

^[12]

De Castro adds that Barbie "had little respect for Che Guevara."^[11] In the film, the journalist Kai Hermann says, "He (Barbie) always boasted – though I cannot prove it – that it was he who devised the strategy for murdering Che Guevara."^[11]

Extradition and trial[link]

Barbie was identified as living in Bolivia in 1971 by the Klarsfelds (Nazi hunters from France). On 19 January 1983, the newly elected government of Hernán Siles Zuazo arrested Barbie and extradited him to France to stand trial.

In 1984, Barbie was indicted for crimes committed while he directed the Gestapo in Lyon between 1942 and 1944. The jury trial started on 11 May 1987, in Lyon, before the Rhône Cour d'assises. Unusually, the court allowed the trial to be filmed because of its historical value. A special court room with seating for an audience of about 700 was constructed.^[13] The head prosecutor was Pierre Truche.

At the trial Barbie was defended by François Genoud, and the lawyer Jacques Vergès. Barbie was tried on 41 separate counts of crimes against humanity, based on the depositions of 730 Jews and resistance figures, who cited his torture practices and murders.^[14] The father of the then-French Minister for Justice, Robert Badinter, had died in Auschwitz after being deported from Lyon during Barbie's tenure.^[15]

Barbie gave his name as Klaus Altmann (the name he had used while in Bolivia). Claiming that his extradition was technically illegal, he asked to be excused from the trial and returned to his cell at St Joseph prison. This was granted. He was brought back to court on 26 May to face some of his accusers, during which he stated that he had "nothing to say".

Vergès had a reputation for attacking the French political system, particularly in the historic French colonial empire. His strategy was to use the trial to expose war crimes committed by France since 1945. The prosecution dropped some of the charges against Barbie due to French legislation that had protected people accused of crimes under the Vichy regime and in French Algeria. Vergès argued that Barbie's actions were no worse than the ordinary actions of colonialists worldwide, and that his trial was selective prosecution. During his trial, Barbie said, "When I stand before the throne of God I shall be judged innocent".^{[citation needed]}

On 4 July 1987, Barbie was convicted and sentenced to life imprisonment. He died in prison in Lyon of leukemia four years later, at the age of 77.

References[link]

Further reading[link]

• Peter Hammerschmidt: "Die Tatsache allein, daß V-43 118 SS-Hauptsturmführer war, schließt nicht aus, ihn als Quelle zu verwenden". Der Bundesnachrichtendienst und sein Agent Klaus Barbie, in: Zeitschrift für Geschichtswissenschaft (ZfG), 59. Jahrgang, 4/2011. METROPOL Verlag. Berlin 2011, S. 333–349.
• Hilberg, Raul (1982). "Barbie (SS, Lyon)" (in German). Die Vernichtung der europäischen Juden (110 ed.). Olle & Wolter. p. 453. ISBN 978-3-88395-431-8. OCLC 10125090.  Case No. 77, Fn 908 KsD Lyon IV-B (gez. Ostubaf. Barbie) an BdS, Paris IV-B, 6. April 1944, RF-1235.
• Goni, Uki (2002). The Real Odessa: How Peron Brought the Nazi War Criminals to Argentina. Granta Books. ISBN 978-1-86207-403-3.  A chapter in this book also follows how top Nazis made their way to Argentina and Latin America.
• Bower, Tom (1984). Klaus Barbie, the Butcher of Lyons. New York: Pantheon Books. ISBN 978-0-394-53359-9. 
• U.S. Samurais in Bruyeres Klaus Barbie found in the Vosges Mountains in Bruyeres after his surgery in Lyon. Barbie rejoins his unit the SIPO-SD of Lyon there and was responsible of the Massacre of Rehaupal in September 1944|year=1993 |publisher=Editions du CPL [1][2]

External links[link]

Wikiquote has a collection of quotations related to: Klaus Barbie

• "Klaus Barbie and the United States Government A Report to the Attorney General of the United States." U.S. Department of Justice. August 1983.
• French Judicial Archives on Klaus Barbie (French)
• Klaus Barbie at the German National Library (German)
• Marcel Ophuls’s Hôtel Terminus: The Life and Times of Klaus Barbie (1988) at the Internet Movie Database
• Kevin Macdonald’s My Enemy’s Enemy (2007) at the Internet Movie Database
• L'avocat de la terreur at the Internet Movie Database (English: “Terror's Advocate”)

Richard O'Dwyer is a 24-year-old in Sheffield, England,^[1] whom the US Justice Department has been seeking to extradite from the UK since May 2011 in relation to alleged copyright infringement on his website TVShack.net. The Southern District Court in New York has charged O'Dwyer with conspiracy to commit copyright infringement and criminal infringement of copyright. Each charge carries a maximum sentence of five years. Richard O'Dwyer's lawyers opposed extradition and argued that any criminal prosecution should be brought in the UK, as TVShack was not hosted on American servers. On 13 January 2012, a UK Magistrate ruled that O'Dwyer can be extradited to US to face copyright infringement allegations.^[2][3] The extradition order has been approved by UK Home Secretary Theresa May.^[4] O'Dwyer has appealed against the extradition.^[5]

Personal life[link]

O’Dwyer is a student of Interactive Media with Animation at Sheffield Hallam University.^[6]

TVShack[link]

O'Dwyer established the website TVShack at the domain name TVShack.net in December 2007.^[7][8] The site, which had the categories Movies, Television, Anime, Music and Documentaries, included the disclaimer 'TV Shack is a simple resource site. All content visible on this site is located at 3rd party websites. TV Shack is not responsible for any content linked to or referred from these pages.'^[9] The site stated that it was governed under the law of 'Sweden, the country in which this site is based and from which all services are provided.'^[10]

Domain seizure[link]

On 30 June 2010 US Immigration and Customs Enforcement (ICE) officials seized seven domains for "violations of Federal criminal copyright infringement laws". This action was authorized by the warrant issued by the Manhattan Federal Court following a request by the US Attorney for the Southern District of New York. The Manhattan US Attorney Office alleged that the seven websites engaged in "criminal copyright infringement" and were "involved in the illegal distribution of copyrighted movies and television programs over the Internet".

Besides O'Dwyer's TVShack.net, the other domains involved were Movies-Links.tv, FilesPump.com, Now-Movies.com, PlanetMoviez.com, ThePirateCity.org and ZML.com. TVShack was, along with five other websites, described as a "linking website", providing "access or links to other websites where pirated movies and television programs are stored". The seventh website, ZML.COM was described as a "cyberlocker".

The domain seizures was undertaken by the Complex Frauds and Asset Forfeiture Unit of the ICE in partnership with the National Intellectual Property Rights Coordination Center. Assistant United States Attorneys Thomas G.A. Brown, Rebecca Rohr, Joseph Facciponti, Jason Hernandez, and Michael Ferrara, were in charge of the investigation.^[11][12] At the time Kevin Suh, Vice President of Content Protection for the Motion Picture Association of America (MPAA) said the domain seizure was the “largest takedown of illegal movie and television websites in a single action by the federal government.”^[13]

Move to TVShack.cc domain[link]

Within a few days of the TVShack.net domain seizure, TVShack was moved to the TVShack.cc domain.^[14]

Filesharing website Zeropaid noted 'Whether or not one agrees with the methods of the sites that were raided, it does start to call in to question the effectiveness of the raids conducted by ICE (Immigration Customs Enforcement from the US). If these raids only serve to be little more than a minor inconvenience to some of these sites, would this effort to stop these sites be a waste?'^[15]

November seizure[link]

In late November 2010, roughly five months after the initial seizure, a second operation saw a total of at least 82 domains seized by the ICE. This included TVShack.cc.^[16]

O'Dwyer was visited by UK and US police at this time, and some computer equipment was seized.^[17] O'Dwyer's mother stated that he shut down the website the next day.^[18]

US charges and extradition request[link]

In May 2011 the US Justice Department, through the London US embassy, asked for Richard O'Dwyer to be extradited to the US under the Extradition Act 2003.^[19] The extradition request follows the Southern District Court in New York bringing two charges against Richard O'Dwyer for criminal copyright infringement in relation to TVShack.net. The two charges, conspiracy to commit copyright infringement and criminal infringement of copyright, each carry a maximum sentence of five years.^[20]

When the extradition request was made in May 2011, O'Dwyer spent one night in Wandsworth prison before arrangements were made for bail. On 14 June 2011, he then appeared before the Westminster magistrates court for a preliminary hearing regarding the extradition request.^[18] O'Dwyer's barrister opposed extradition and argued that any criminal prosecution should be brought in the UK, as TVShack was not hosted on American servers.^[21] The hearing for the extradition was scheduled for 12 September.^[20] On 13 January 2012, a judge ruled that O'Dwyer can be extradited to US to face copyright infringement allegations.^[2][3]

In February 2012, businessman Alki David undertook to fund O'Dwyer's defence, in the event of him standing trial in the USA.^[6] David Cook of Pannone Solicitors, who successfully represented defendants in some of the UK's leading cybercrime cases, also undertook to assist in the O'Dwyer case on a pro bono basis.

On 9 March 2012, Theresa May approved the extradition of Richard O'Dwyer to the United States.^[4] On 21 March 2012, an appeal against the extradition was lodged on Richard O'Dwyer's behalf.^[5]

Legal objections[link]

US and UK copyright offences[link]

According to the Open Rights Group UK citizens should not be subject to US legal standards on copyright infringement.^[22] Iain Connor from Pinsent Masons said "It appears that US copyright owners are seeking to rely on the Extradition Act and the US case law to secure a prosecution for the authorisation of copyright infringement by the provision of links to infringing content." He observed that "US companies are likely to try and secure a conviction in the US where they know that they could succeed on the basis of an offence of authorising copyright infringement," and that in the UK "the only case where this was looked at was the 'TV Links' case" where it had proved unsuccessful."^[18][22]

Despite these protestations, during O'Dwyer's extradition hearing, it was held by the Judge that the offences alleged were also illegal under UK law. Whereas TV-Links was able to successfully argue it was a 'mere conduit' under the EU Electronic Commerce Regulations 2002, aggregating content 'they did not select or modify', O'Dwyer had exerted considerable control over the content hosted on TV-Shack, and therefore the allegations, if true, constituted a crime in the UK.^[14]

Jurisdiction[link]

In June 2011 Richard O'Dwyer's mother said she is "baffled" why a case with no direct links to the US should be heard in the US.^[18] Mrs O’Dwyer argued that “if Richard has done something wrong it is right it is dealt with,” but that "it doesn’t seem right that Richard, who hasn’t been to America since he was five years old, should be taken there. No one would be able to visit him and he could be waiting in prison for a couple of years before his case is even heard. He should be tried here.”^[21] At the preliminary hearing for the extradition request Richard O'Dwyer's barrister Ben Cooper argued that "the server was not based in the US at all", and that "Mr O'Dwyer did not have copyrighted material on his website; he simply provided a link. The essential contention is that the correct forum for this trial is in fact here in Britain, where he was at all times."^[18]

Calling the extradition request for Richard O'Dwyer "absurd", the Open Rights Group warned that lacking certainty about jurisdiction is "potentially opening an individual to dozens of prosecutions" for copyright infringement.^[22]

2003 US–UK Extradition Treaty[link]

There has been criticism of the Extradition Act 2003 in the UK in respect of the cases of Gary McKinnon and the NatWest Three.^[21] In particular, the Act has been criticised for reducing the level of evidence required for extradition from the UK to US from prima facie evidence to 'reasonable suspicion', and for allowing extradition to proceed on the basis of offences in US, rather than UK law. In addition, the standard of proof required for extradition from the US to UK is different, in accordance with the Fourth Amendment – the standard of 'probable cause'.

When in opposition the Conservatives and Liberal Democrats criticised the Extradition Act 2003 and in September 2010 Home Secretary Theresa May an independent review of all extradition arrangements was begun.^[18] The review, completed in September 2011, concluded that the 'reasonable suspicion' and 'probable cause' tests had 'no significant difference', and that there was no imbalance in this respect. Moreover, the UK extradition procedure was found to be more elaborate, and more difficult to achieve, than that from the US. In respect of the NatWest Three, the report noted that the extradition evidence had been prepared according to the standards of the pre-2003 Treaty, and that was therefore no grounds to criticise the 2003 Treaty in respect of this case.^[23]

A forum bar amendment to the Extradition Act was included in the Police and Justice Act 2006, but has not been brought into effect. The unimplemented bar provision indicates that extradition would be barred if 'a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom' and 'in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.' taking into account 'whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question'.

Civil liberties groups have called on the government to effect the forum clause into UK law in relation to the extradition request for Richard O'Dwyer, amid concerns over whether the US courts are the appropriate legal forum. According to Liberty "Enacting the forum amendment would have been quite simple. It's not that we're arguing that in every case where activity has taken place here we shouldn't allow people to be extradited. But we should at least be leaving our judges some discretion to look at the circumstances."^[18] According to Liberty the forum clause would allow UK courts to "bar extradition in the interests of justice where conduct leading to an alleged offence has quite clearly taken place on British soil."^[22]

The 2011 Extradition review however concluded that the forum bar clause 'would require the judge to consider the evidence available to the requesting State and the evidence available to the domestic prosecution authorities. It would also require scrutiny of the prosecution decision making process.', and that to do this would be 'time consuming, costly and undermine the efficient and effective operation' of the Act.^[23]

See also[link]

• Gary McKinnon
• Hew Raymond Griffiths

References[link]

External links[link]

• TVShack.net
• Blog of Julia O'Dwyer (Richard O'Dwyer's mother)

Meaghan Smith is a Canadian singer-songwriter and guitarist. While her independently-recorded debut album, The Cricket's Orchestra was picked up by Sire Records/Warner Music Canada and released in early 2010,^[1] she received a great deal of exposure by contributing a cover of alternative rock group Pixies' "Here Comes Your Man" to the soundtrack of 2009's (500) Days of Summer,^[2] featuring her playing an Omnichord.^[3] At the Juno Awards of 2011, she won Best New Artist.

Early life[link]

Smith grew up in London, Ontario in a family of musicians.^[4]

References[link]

External links[link]

• Official website