Bringing Fairness to Extradition Hearings: Proposing a Revised Ev
Singh: Bringing Fairness to Extradition Hearings: Proposing a Revised Ev BRINGING FAIRNESS TO EXTRADITION HEARINGS: PROPOSING A REVISED EVIDENTIARY BAR FOR POLITICAL DISSIDENTS I. INTRODUCTION "Physical death I do not fear; death of conscience is the real death."' The right to self-determination is the common language, the common voice, the common struggle of all revolutionaries. It is a motivation that speaks to truth, justice, and ultimately peace. Yet, shrouded by fear, the voices of revolutionaries are being suppressed.2 For security, simplicity, and clarity, we label those who stand against repressive regimes as terrorists, without distinction, without contemplation. Fearful of being a haven to alleged terrorists, the United States is sending those who seek refuge from repressive regimes back to their torturers.3 The willingness to embrace voices of 1. CYNTHIA MAHMOOD, A SEA OF ORANGE: WRITINGS ON THE SIKHS AND INDIA 23-24 (2001) (quoting Jamail Singh Bhindranwale who led the movement for Sikh civil and human rights and vociferously protested the second class status of Sikhs and other minorities in India). 2. See generally John Patrick Groarke, Revolutionaries Beware: The Erosion of the Political Offense Exception Under the 1986 United States-United Kingdom Sup- plementary Extradition Treaty, 136 U. PA. L. REV. 1515 (1988) (arguing that the United States amended its extradition treaties with other Western countries in order to facilitate the extradition of alleged terrorists); see also Susie Alegre, European Arrest Warrants: A Lapse in Justice, INT'L HERALD TRIBUNE, Feb. 2, 2004, avail- able at http://www.iht.com/articles/2004/02/02/edalegre-ed3-php (noting that im- mediately after September 11, 2001, the European Arrest Warrant emerged which did away with "messy extradition procedures" among EU countries).
[Show full text]