Obrázky stránek
PDF
ePub

ing, without further process or proceedings; but if a new term for the presentation of evidence be solicited, the Court shall decide whet er or not there is occasion to grant it; and in the affirmative it shall fix therefor a reasonable time. Upon the expiration of such term, the Court shall pronounce its final judgment within thirty days.

ARTICLE XVII.

Each one of the Governments or individuals directly concerned in the questions to be considered by the Court has the right to be represented before it by a trustworthy person or persons, who shall present evidence, formulate arguments, and shall, within the terms fixed by this Convention and by the rules of the Court of Justice do everything that in their judgment shall be beneficial to the defense of the rights they represent.

ARTICLE XVIII.

From the moment in which any suit is instituted against any one or more governments up to that in which a final decision has been pronounced, the court may at the solicitation of any one of the parties fix the situation in which the contending parties must remain, to the end that the difficulty shall not be aggravated and that things shall be conserved in statu quo pending a final decision.

ARTICLE XIX.

For all the effects of this Convention, the Central American Court of Justice may address itself to the Governments or tribunals of justice of the contracting States, through the medium of the Ministry of Foreign Relations or the office of the Clerk of the Supreme Court of Justice of the respective country, according to the nature of the requisite proceeding, in order to have the measures that it may dictate within the scope of its jurisdiction carried out.

ARTICLE XX.

It may also appoint special commissioners to carry out the formalities above referred to, when it deems it expedient for their better fulfillment. In such case, it shall ask of the Government where the proceeding is to be had, its cooperation and assistance, in order that the Commissioner may fulfill his mission. The contracting Governments formally bind themselves to obey and to enforce the orders of the Court, furnishing all the assistance that may be necessary for their best and most expeditious fulfillment.

ARTICLE XXI.

In deciding points of fact that may be raised before it, the Central American Court of Justice shall be governed by its free judgment, and with respect to points of law, by the principles of International Law. The final judgment shall cover each one of the points in litigation.

ARTICLE XXII.

The Court is competent to determine its jurisdiction, interpreting the Treaties and Conventions germane to the matter in dispute, and applying the principles of international law.

ARTICLE XXIII.

Every final or interlocutory decision shall be rendered with the concurrence of at least three of the Justices of the Court. In case of disagreement, one of the substitute Justices shall be chosen by lot, and if still a majority of three be not thus obtained other Justices shall be successively chosen by lot until three uniform votes shall have been obtained.

ARTICLE XXIV.

The decisions must be in writing and shall contain a statement of the reasons upon which they are based. They must be signed by all the Justices of the Court and countersigned by the Clerk. Once they have been notified they can not be altered on any account; but, at the request of any of the parties, the Tribunal may declare the interpretation which must be given to its judgments.

ARTICLE XXV.

The judgments of the Court shall be communicated to the five Governments of the contracting Republics. The interested parties solemnly bind themselves to submit to said judgments, and all agree to lend all moral support that may be necessary in order that they may be properly fulfilled, thereby constituting a real and positive guarantee of respect for this Convention and for the Central American Court of Justice.

ARTICLE XXVI.

The Court is empowered to make its rules, to formulate the rules of procedure which may be necessary, and to determine the forms and terms not prescribed in the present Convention. All the decisions which may be rendered in this respect shall be communicated immediately to the High Contracting Parties.

ARTICLE XXVII.

The High Contracting Parties solemnly declare that on no ground nor in any case will they consider the present Convention as void; and that, therefore, they will consider it as being always in force dur ing the term of ten years counted from the last ratification. In the event of the change or alteration of the political status of one or more of the Contracting Republics, the functions of the Central American Court of Justice created by this Convention shall be suspended ipso facto; and a conference to adjust the constitution of said Court to the new order of things shall be forthwith convoked by the respective Governments; in case they do not unanimously agree the present Convention shall be considered as rescinded.

ARTICLE XXVIII.

The exchange of ratifications of the present Convention shall be made in accordance with Article XXI of the General Treaty of Peace and Amity concluded on this date.

PROVISIONAL ARTICLE.

As recommended by the five Delegations an Article is annexed which contains an amplification of the jurisdiction of the Central American Court of Justice, in order that the Legislatures may, if they see fit, include it in this Convention upon ratifying it.

ANNEXED ARTICLE.

The Central American Court of Justice shall also have jurisdiction. over the conflicts which may arise between the Legislative, Executive and Judicial Powers, and when as a matter of fact the judicial decisions and resolutions of the National Congress are not respected. Signed at the city of Washington on the twentieth day of December, one thousand nine hundred and seven.

[blocks in formation]

ADDITIONAL PROTOCOL TO THE CONVENTION FOR THE ESTABLISHMENT OF A

CENTRAL AMERICAN COURT OF JUSTICE.

At the city of Washington, at one o'clock in the afternoon of the twentieth day of December, one thousand nine hundred and seven. The undersigned Delegates to the Central American Peace Confer

ence:

For COSTA RICA: Their Excellencies Doctor Luis Anderson and Don Joaquín B. Calvo;

For GUATEMALA: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte and Don Víctor Sánchez-Ocaña;

For HONDURAS: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte and Don E. Constantino Fiallos;

For NICARAGUA: Their Excellencies Doctor Don José Madriz and Doctor Don Luis F. Corea;

For SALVADOR: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González and Don Federico Mejía,

Noting that an error has been committed in copying the text of Article III of the Convention for the establishment of a Centrai American Court of Justice, concluded on this date, make it known that the authentic text of said Article III is as follows:

"It shall also have jurisdiction over cases arising between any of the contracting Governments and individuals, when by common aecord they are submitted to it."

In testimony whereof they sign the present Protocol, which shall be considered as an integral part of the Convention.

LUIS ANDERSON

J. B. CALVO

ANTONIO BATRES JAUREGUI
LUIS TOLEDO HERRARTE
VÍCTOR SÁNCHEZ O.

POLICARPO BONILLA

ANGEL UGARTE

E. CONSTANTINO FIALLOS

JOSÉ MADRIZ

LUIS F. COREA

SALVADOR GALLEGOS

SALVADOR RODRÍGUEZ G.
F. MEJÍA.

1907.

EXTRADITION CONVENTION CONCLUDED AT THE CENTRAL AMERICAN
PEACE CONFERENCE.

[blocks in formation]

The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua, and Salvador, desiring to confirm their friendly relations and to promote the cause of justice, have resolved to celebrate a Convention for the extradition of fugitives from justice, and to that end have named as delegates:

COSTA RICA: Their Excellencies Doctor Don Luis Anderson and Don Joaquín B. Calvo;

GUATEMALA: Their Excellencies Doctor Don Antonio Batres Jáuregui, Doctor Don Luis Toledo Herrarte, and Don Víctor Sánchez Оcaña;

[ocr errors]

HONDURAS: Their Excellencies Doctor Don Policarpo Bonilla, Doctor Don Angel Ugarte, and Don E. Constantino Fiallos;

NICARAGUA: Their Excellencies Doctors Don José Madriz and Don Luis F. Corea; and

SALVADOR: Their Excellencies Doctor Don Salvador Gallegos, Doctor Don Salvador Rodríguez González, and Don Federico Mejía.

By virtue of the invitation sent in accordance with Article II of the Protocol signed at Washington on September 17, 1907, by the Plenipotentiary Representatives of the five Central American Republics, their excellencies, the Representative of the Government of the United Mexican States, Ambassador Don Enrique C. Creel, and the Representative of the Government of the United States of America, Mr. William I. Buchanan, were present at all the deliberations.

The Delegates, assembled in the Central American Peace Conference at Washington, after having communicated to one another their respective full powers, which they found to be in due form, have agreed to carry out the said purpose in the following manner:

ARTICLE I.

The Contracting Republics agree to deliver up reciprocally the individuals who may take refuge in the territory of one of them and who in the other may have been condemned as authors, accomplices, or abettors of a crime, to a penalty of not less than two years of deprivation of their liberty, or who may have been indicted for a crime which, in accordance with the laws of the demanding country, carries a penalty equal to or greater than that above stated.

ARTICLE II.

Extradition shall not be granted in any of the following cases: 1. When the evidence of criminality presented by the demanding party would not justify, according to the laws of the place where the fugitive so charged is found, his apprehension and commitment for trial, if the offense had been there committed.

2. When the offense charged is of a political character, or, being a common crime, is connected therewith.

3. When under the laws of the demanding country or of that of asylum, the action or the penalty has been barred.

4. If the accused demanded should have been already tried and sentenced for the same act in the Republic wherein he resides.

5. If in the latter, the act because of which extradition is requested should not be considered a crime.

6. When the penalty corresponding to the crime for which extradition is requested shall be that of death, unless the demanding Government binds itself to apply the next lower penalty.

ARTICLE III.

The person whose extradition is conceded, because of one of the crimes mentioned in Article I, shall in no case be tried and punished in the country to which he is surrendered for a political crime committed before his extradition nor for an act which may have connection with a political crime. The attempt against the life of the head

« PředchozíPokračovat »