- Location:
The country in which the fugitive is
believed to be located, and his or her address there, if known. As noted
above,
generally extradition is not available unless there is a treaty in force
between
the United States and the country where the fugitive is located.
- Citizenship:
The citizenship of the fugitive, including in
particular whether he or she is a dual citizen. Many countries will not
extradite their own citizens.
- Offense Charged:
The crime with which the fugitive has been
charged or of which he or she has been convicted. Some extradition treaties
limit extradition to offenses specified in the treaty. The more recent
treaties
allow extradition in any case where the conduct is criminal and punishable
as a
felony in both countries. In either event, OIA must know the offense to
determine whether an individual is extraditable.
- Docket Information:
The name of the court in which the
criminal
proceeding is pending or was concluded, the docket number of the case, and
the
name of the judge or magistrate who signed the warrant or judgment of
conviction.
- Current Status of Case:
Whether and when a warrant was
issued,
an indictment returned, a complaint filed, or the defendant was convicted.
- Facts of Offense:
The facts of the case in brief, i.e., who
did
what to whom, when, and where. The date of the offense is needed because
many
treaties bar extradition in cases where the foreign statute of limitations
has
run. The place of the offense is also essential since some treaties exclude
extradition in cases where the United States asserts extraterritorial
jurisdiction.
- Potential for Trial or Retrial:
If the fugitive has not been
convicted, confirmation that the case is triable, i.e., that all necessary
witnesses and evidence are still available and that the substantial costs
involved in completing an extradition request are justified by the nature of
the
case.
- Time constraints in the preparation of Extradition documents:
Affiant's unavailability, difficulties in gathering supporting
documentation, and
complexity of the extradition case may be a factor in determining whether to
proceed first as an urgent provisional arrest or a formal, fully documented
extradition request. In a provisional arrest situation, a treaty deadline
may
make it impossible to prepare the necessary documentation and have it
translated
in time.