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Annex 2
Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law
Claire Mitchell
Multilateral treaties containing an extradite or prosecute clause
No. 1 – Treaty: International Convention for the Protection of All Persons from Enforced Disappearance
1Ref. No.:UN Doc. No. A/Res/61/177
2Date:20.12.2006
3GA Res. adopting treaty:A/Res/61/177
4Date in force:Not yet in force
5No. States Parties (at 01.08.2007):–
6Extradite or prosecute clause:
A.9(2). Each State Party shall likewise take such measures as may be necessary to establish its competence to exercise jurisdiction over the offence of enforced disappearance when the alleged offender is present in any territory under its jurisdiction, unless it extradites or surrenders him or her to another State in accordance with its international obligations or surrenders him or her to an international criminal tribunal whose jurisdiction it has recognized.
A.10(1). Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be maintained only for such time as is necessary to ensure the person's presence at criminal, surrender or extradition proceedings.
A.11(1). The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.
A.11(2). These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State Party. In the cases referred to in article 9, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 9, paragraph 1.
No. 2 – Treaty: International Convention for the Suppression of Acts of Nuclear Terrorism
7Ref. No.: UN Doc. No. A/Res/59/290. UN Reg. No. 44004
8Date: 13.04.2005
9GA Res. adopting treaty: A/Res/59/290
10Date in force: Not yet in force
11No. States Parties (at 01.08.2007): 24
12Extradite or prosecute clause:
A.9(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of the present article.
A.10(1). Upon receiving information that an offence set forth in article 2 has been committed or is being committed in the territory of a State Party or that a person who has committed or who is alleged to have committed such an offence may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.
A.10(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person's presence for the purpose of prosecution or extradition.
A.11(1). The State Party in the territory of which the alleged offender is present shall, in cases to which article 9 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.
No. 3 – Treaty: UN Convention against Corruption
13Ref. No.: UN Doc. No. A/58/422. UN Reg. No. 42146
14Date: 31.10.2003
15GA Res. adopting treaty: A/Res/58/4
16Date in force: 14.12.2005
A.42(3). For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.
A.42(4). Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.
A.44(10). Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.
A.44(11). A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.
No. 4 – Treaty: UN Convention against Transnational Organised Crime
19Ref. No.: UN Doc. No. A/Res/55/25. UN Reg. No. 39574
21GA Res. adopting treaty: A/Res/55/25
23No. States Parties (at 01.08.2007): 134
A.15(3). For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.
A.15(4). Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.
A.16(9). Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.
No. 5 – Treaty: Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
25Ref. No.: UN Doc. No. A/RES/54/263
27GA Res. adopting treaty: A/RES/54/263
A.4(3). Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals.
A.5(5). If an extradition request is made with respect to an offence described in article 3, paragraph 1, and if the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution.
No. 6 – Treaty: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
31Ref. No.: UNESCO Doc. HC / 1999 / registration with UN - 05.05.2004 - no. 3511
33GA Res. adopting treaty: –
A.16(1). Without prejudice to paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over offences set forth in Article 15 in the following cases: (a). when such an offence is committed in the territory of that State; (b). when the alleged offender is a national of that State; (c). in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when the alleged offender is present in its territory.
A.16(2). With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention: (a). this Protocol does not preclude the incurring of individual criminal responsibility or the exercise of jurisdiction under national and international law that may be applicable, or affect the exercise of jurisdiction under customary international law; (b). Except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3 paragraph 2, members of the armed forces and nationals of a State which is not Party to this Protocol, except for those nationals serving in the armed forces of a State which is a Party to this Protocol, do not incur individual criminal responsibility by virtue of this Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.
A.17(1). The Party in whose territory the alleged offender of an offence set forth in Article 15 sub-paragraphs 1 (a) to (c) is found to be present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities, for the purpose of prosecution, through proceedings in accordance with its domestic law or with, if applicable, the relevant rules of international law.
No. 7 – Treaty: International Convention on the Suppression of Financing of Terrorism
37Ref. No.: UN Doc. No. A/RES/54/109. UN Reg. No. 38349
A.7(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.
A.9(1). Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.
A.9(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.
No. 8 – Treaty: International Convention for the Suppression of Terrorist Bombings
43Ref. No.: 2149 UNTS 256
A.6(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the State Parties which have established its jurisdiction in accordance with paragraph 1 or 2 of the present article.
A.7(1). Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.
A.7(2). Upon being satisfied that the circumstances so warrant, the State Party, in who territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.
A.8(1). The State Party in the territory of which the alleged offender is present shall, in cases to which article 6 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.
No. 9 – Treaty: Convention on the Safety of United Nations and Associated Personnel
A.10(4). Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in cases where the alleged offender is present in its territory and it does not extradite such person pursuant to article 15 to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.
A.13(1). Where the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its national law to ensure that person's presence for the purpose of prosecution or extradition.
A.14. The State Party in whose territory the alleged offender is present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law of that State. Those authorities shall take their decision in the same manner as in the case of an ordinary offence of a grave nature under the law of that State.
No. 10 – Treaty: International Convention Against the Recruitment, Use, Financing and Training of Mercenaries
55Ref. No.: 2163 UNTS 75
A.9(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 3 and 4 of the present Convention in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article
A.10(1). Upon being satisfied that the circumstances so warrant, any State Party in whose territory the alleged offender is present shall, in accordance with its laws, take him into custody or take such other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry into the facts.
A.12. The State Party in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.
No. 11 – Treaty: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
61Ref. No.: 38 ILM 493
A.6(8). Subject to the provisions of its domestic law and its extradition treaties, the requested Party may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his presence at extradition proceedings.
A.6(9). Without prejudice to the exercise of any criminal jurisdiction established in accordance with its domestic law, a Party in whose territory an alleged offender is found shall: (a) If it does not extradite him in respect of an offence established in accordance with article 3, paragraph 1, on the grounds set forth in article 4, paragraph 2, subparagraph (a), submit the case to its competent authorities for the purpose of prosecution, unless otherwise agreed with the requesting Party; (b) If it does not extradite him in respect of such an offence established in accordance with article 4, paragraph 2, subparagraph (b), submit the case to its competent authorities for the purpose of prosecution, unless otherwise requested by the requesting Party for the purposes of preserving its legitimate jurisdiction.
No. 12 – Treaty: Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
70Date in force: 01.03.92
A.6(4). Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the State Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.
A.7(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
A.7(2). Such State shall immediately make a preliminary inquiry into the facts in accordance with its own legislation.
A.10(1). The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without delay to its competent authorities for the purpose of prosecution in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.
No. 13 – Treaty: Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
A.1(1). The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (hereinafter «the Convention») shall also apply mutatis mutandis to the offences set forth in article 2 of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.
A.1(2). In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose international waters or territorial sea the fixed platform is located.
No. 14 – Treaty: UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
A.5(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.
A.6(1). Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
A.6(2). Such State shall immediately make a preliminary inquiry into the facts.
A.7(1). The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
No. 15 – Treaty: Convention on the Physical Protection of Nuclear Material
A.8(2). Each State party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.
A.9. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.
A.10. The State Party, in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.
No. 16 – Treaty: International Convention Against the Taking of Hostages
A.5(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.
A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.
A.8(1). The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.
No. 17 – Treaty: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I)
97Ref. No.: 125 UNTS 3
100Date in force:07.12.1978
101No. States Parties (at 01.08.2007):167
102Extradite or prosecute clause:
A.85(1). The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.
No. 18 – Treaty: Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Including Diplomatic Agents
103Ref. No.: 1035 UNTS 167
104Date: 14.12.1973
105GA Res. adopting treaty: A/RES/3166 (XXVIII)
106Date in force: 20.02.1977
107No. States Parties (at 01.08.2007): 165
A.3(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.
A.6(1). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to: ...
A.7. The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.
No. 19 – Treaty: Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention)
109Ref. No.: 974 UNTS 177
111GA Res. adopting treaty: –
A.5(2). Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1(a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided int he law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
A.6(2). Such State shall immediately make a preliminary enquiry into the facts.
A.7. The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.
No. 20 – Treaty: Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention)
A. III. In Article 5 of the Convention, the following shall be added as paragraph 2 bis: "2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1(a) of this Article.
No. 21 – Treaty: Convention on Psychotropic Substances
A.22(2)(a)(v). Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.
No. 22 – Treaty: Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention)
A.4(2). Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article VIII to any of the States mentioned in paragraph 1 of this Article.
A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
No. 23 – Treaty: Single Convention on Narcotic Drugs
A.36(2)(a)(iv). Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.
No. 24 – Treaty: Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
139Ref. No.: 96 UNTS 316
143No. States Parties (at 01.08.2007): 80
A.9. In States where the extradition of nationals is not permitted by law, nationals who have returned to their own State after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own State. This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.
A.10. The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreign State and, if convicted, has served his sentence or had it remitted or reduced in conformity with the laws of that foreign State.
No. 25 – Treaty: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
145Ref. No.: 75 UNTS 31
Art. 49. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
No. 26 – Treaty: Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
No. 27 – Treaty: Geneva Convention Relative to the Treatment of Prisoners of War
Art. 129. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
No. 28 – Treaty: Geneva Convention Relative to the Protection of Civilian Persons in Time of War
No. 29 – Treaty: Convention for the Suppression of the Illicit Traffic in Dangerous Drugs
169Ref. No.: 198 LNTS 299
A.7(1). In countries where the principle of the extradition of nationals is not recognized, nationals who have returned to the territory of their own country, after the commission abroad of any of the offences referred to in Article 2, shall be prosecuted and punished in the same manner as if the offence had been committed in the said territory, even in a case where the offender has acquired his nationality after the commission of the offence.
A.8. Foreigners who are in the territory of a High Contracting Party and who have committed abroad any of the offences set out in Article 2 shall be prosecuted and punished as though the offence had been committed in that territory if the following conditions are realized - namely, that: (a) extradition has been requested and could not be granted for a reason independent of the offence itself; (b) The law of the country of refuge considers prosecution for offences committed abroad by foreigners admissible as a general rule.
No. 30 – Treaty: International Convention for the Suppression of Counterfeiting Currency
A.8. In countries where the principle of the extradition of nationals is not recognized, nationals who have returned to the territory of their own country after the commission abroad of an offence referred to in Article 3 should be punishable in the same manner as if the offence had been committed in their own territory, even in a case where the offender has acquired his nationality after the commission of the offence. This provision does not apply if, in the similar case, the extradition of a foreigner could not be granted.
A.9. Foreigners who have committed abroad any offence referred to in Article 3, and who are in the territory of a country whose internal legislation recognizes as a general rule the principle of the prosecution of offences committed abroad, should be punishable in the same way as if the offence had been committed in the territory of that country. The obligation to take proceedings is subject to the condition that extradition has been requested and that the country to which application is made cannot hand over the person accused for some reason which has no connection with the offence.
No. 1 – Treaty: Council of Europe Convention on Action Against Trafficking in Human Beings
180Ref. No.: Council of Europe Treaty Series No. 197
182Date in force: Not yet in force
183No. States Parties (at 01.08.2007): 7
A.31(3). Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in this Convention, in cases where an alleged offender is present in its territory and it does not extradite him/her to another Party, solely on the basis of his/her nationality, after a request for extradition.
No. 2 – Treaty: Council of Europe Convention on the Prevention of Terrorism
185Ref. No.: Council of Europe Treaty Series No.196
A.14(3). Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention in the case where the alleged offender is present in its territory and it does not extradite him or her to a Party whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested Party.
A.18(1). The Party in the territory of which the alleged offender is present shall, when it has jurisdiction in accordance with Article 14, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party. Those authorities shall take their decision in the same manner as in the case of any other offence of a serious nature under the law of that Party.
A.18(2). Whenever a Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that Party to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this Party and the Party seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.
No. 3 – Treaty: African Union Convention on Preventing and Combating Corruption
A.13(1). Each State Party has jurisdiction over acts of corruption and related offences when:… (c). the alleged criminal is present in its territory and it does not extradite such person to another country.
A.15(6). Where a State Party in whose territory any person charged with or convicted of offences is present and has refused to extradite that person on the basis that it has jurisdiction over offences, the Requested State Party shall be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution, unless otherwise agreed with the Requesting State Party, and shall report the final outcome to the Requesting State Party.
A.15(7). Subject to the provisions of its domestic law and any applicable extradition treaties, a Requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the Requesting State Party, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure that the person is present at the extradition proceedings.
No. 4 – Treaty: Council of Europe's Convention on Cyber-crime
A.22(3). Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in Article 24, paragraph 1, of this Convention, in cases where an alleged offender is present in its territory and it does not extradite him or her to another Party, solely on the basis of his or her nationality, after a request for extradition.
A.24(6). If extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the purpose of prosecution and shall report the final outcome to the requesting Party in due course. Those authorities shall take their decision and conduct their investigations and proceedings in the same manner as for any other offence of a comparable nature under the law of that Party.
No. 5 – Treaty: Council of Europe's Criminal Law Convention on Corruption
A.17(1). Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with Articles 2 to 14 of this Convention where:
(a) the offence is committed in whole or in part in its territory;
(b) the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies;
(c) the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in Articles 9 to 11 who is at the same time one of its nationals.
A.17(2). Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part thereof.
A.17(3). If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party, solely on the basis of his nationality, after a request for extradition.
A.27(5). If extradition for a criminal offence established in accordance with this Convention is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the requesting Party, and shall report the final outcome to the requesting Party in due course.
No. 6 – Treaty: OAU Convention on the Prevention and Combating of Terrorism
A.6(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the acts set forth in Article 1 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States parties which have established their jurisdiction in accordance with paragraphs 1 or 2.
A.7(1). Upon receiving information that a person who has committed or who is alleged to have committed any terrorist act as defined in Article 1 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.
A.7(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person's presence for the purpose of prosecution.
A.8(4). A State Party in whose territory an alleged offender is present shall be obliged, whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution if it does not extradite that person.
No. 7 – Treaty: Convention of the Organization of the Islamic Conference on Combating International Terrorism
210Date in force: Not known
211No. States Parties (at 01.08.2007): Not known
A.6. Extradition shall not be permissible in any of the following circumstances: … (3) if the crime for which extradition is requested was committed in the territory of the requested Contracting State, unless this crime has undermined the interests of the requesting State and its laws stipulate that the perpetrators of those crimes shall be prosecuted and punished providing that the requested country has not commenced investigation or trial; ...(8) If the legal system of the requested State does not permit extradition of its national, then it shall be obliged to prosecute whosoever commits a terrorist crime if the act is punishable in both States by a freedom restraining sentence for a minimum period of one year or more. The nationality of the person requested for extradition shall be determined according to the date of the crime taking into account the investigation undertaken in this respect by the requesting State.
No. 8 – Treaty: Arab Convention on the Suppression of Terrorism
A.3. Contracting States undertake not to organize, finance or commit terrorist acts or to be accessories thereto in any manner whatsoever. In their commitment to the prevention and suppression of terrorist offences in accordance with their domestic laws and procedures, they shall endeavour: ... II. Measures of suppression. (1). To arrest the perpetrators of terrorist offences and to prosecute them in accordance with national law or extradite them in accordance with the provisions of this Convention or of any bilateral treaty between the requesting State and the requested State.
A 5. Contracting States shall undertake to extradite those indicated for or convicted of terrorist offences whose extradition is requested by any of these states in accordance with the rules and conditions stipulated in this convention.
A.6. Extradition shall not be permissible in any of the following circumstances: … (c) if the offence for which extradition is requested was committed in the territory of the requested contracting State, except where the offence has harmed the interests of the requesting State and its law provide for the prosecution and punishment for such offences and where the requested State has not initiated any investigation or prosecution; ...(h) If the legal system of the requested State does not allow it to extradite its nationals. In this case, the requested State shall prosecute any such persons who commit in any of the other Contracting States a terrorist offence that is punishable in both States by deprivation of liberty for a period of at least one year or more. The nationality of the person whose extradition is sought shall be determined as at the date on which the offence in question was committed, and use shall be made in this regard of the investigation conducted by the requesting State.
No. 9 – Treaty: Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials
217Ref. No.: Inter-American Treaty No. A-63
A. V(3). Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.
A.XIX(6). If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, the Requested State Party shall submit the case to its competent authorities for the purpose of prosecution under the criteria, laws, and procedures applied by the Requested State to those offenses when they are committed in its own territory. The Requested and Requesting States Parties may, in accordance with their domestic laws, agree otherwise in relation to any prosecution referred to in this paragraph.
No. 10 – Treaty: Inter-American Convention Against Corruption
222Ref. No.: Inter-American Treaty No. B-58
A.V(3). Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.
A.XIII(6). If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, or because the Requested State deems that it has jurisdiction over the offense, the Requested State shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the Requesting State, and shall report the final outcome to the Requesting State in due course.
A.XIII(7). Subject to the provisions of its domestic law and its extradition treaties, the Requested State may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the Requesting State, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure his presence at extradition proceedings.
No. 11 – Treaty: Inter-American Convention on Forced Disappearance of Persons
A.IV. ... Every State Party shall, moreover, take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within its territory and it does not proceed to extradite him.
A.VI. When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the offense had been committed within its jurisdiction, for the purposes of investigation and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the state that has requested the extradition.
No. 12 – Treaty: Inter-American Convention on International Traffic in Minors
232Ref. No.: OAS Treaty Series, No.79
A.7. The States Parties undertake to adopt effective measures, under their domestic law, to prevent and severely punish the international traffic in minors defined in this Convention.
A.9. The following shall have competence in cases of crimes involving international traffic in minors: ...c) the State Party in which the alleged offender is located if said offender has not been extradited.
No. 13 – Treaty: SAARC Regional Convention on Suppression of Terrorism
A.IV. A contracting State in whose territory a person suspected of having committed an offence referred to in Article 1 or agreed to in terms of Article II is found and which has received a request for extradition from another Contracting State, shall, if it does not extradite that person, submit the case without exception and without delay, to its competent authorities who shall take their decisions in the same manner as in the case of any offence of a serious nature under the law of the State.
A.VI. A Contracting State, in whose territory an alleged offender is found shall, upon receiving a request for extradition from another Contracting State, take appropriate measures, subject to its national laws, so as to ensure his presence for the purposes of extradition or prosecution. Such measures shall immediately be notified to the requesting State.
No. 14 – Treaty: Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism
A.13(2). The provisions of Article IV of the 1987 SAARC Convention relating to the duty to extradite or prosecute shall apply, mutatis mutandis, in respect of the offences set forth in Article 4 of this Additional Protocol.
No. 15 – Treaty: Inter-American Convention to Prevent and Punish Torture
245Ref. No.: OAS Treaty Series No.6
246Date: 09.12.1985Date in force: 28.02.1987
A.12. ... Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.
A.14. When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.
No. 16 – Treaty: Convention of the OAU for the Elimination of Mercenarism in Africa.
249Ref. No.: 1490 UNTS 95
A.8. Each contracting State shall undertake to take such measures as may be necessary to punish, in accordance with the provisions of Article 7, any person who commits an offence under Article 1 of this Convention and who is found on its territory if it does not extradite him to the State against which the offence has been committed.
A.9(2). A request for extradition shall not be refused unless the requested State undertakes to exercise jurisdiction over the offender in accordance with the provisions of Article 8.
A.9(3). Where a national is involved in the request for extradition, the requested State shall take proceedings against him for the offence committed if extradition is refused.
No. 17 – Treaty: European Convention on the Suppression of Terrorism
254Ref. No.: Europ.TS No. 90
A.6. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in Article 1 in the case where the suspected offender is present in its territory and its does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.
A.7. A Contracting State in whose territory a person suspected to have committed an offence mentioned in Article 1 is found and which has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.
No. 18 – Treaty: OAS Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance
259Ref. No.: 1483 UNTS 195 / OAS Treaty Series No. 37
261Date in force: Date of deposit of ratification for each state
A.5. When extradition requested for one of the crimes specified in Article 2 is not in order because the person sought is a national of the requested state, or because of any other legal or constitutional impediment, that state is obliged to submit the case to its competent authorities for prosecution, as if the act had been committed in its territory. The decision of these authorities shall be communicated to the state that requested extradition. In such proceedings, the obligation established in Article 4 shall be respected.
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MITCHELL, Claire. Annex 1 In : Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law [en ligne]. Genève : Graduate Institute Publications, 2009 (généré le 19 juillet 2019). Disponible sur Internet : <http://books.openedition.org/iheid/307?mobile=1>. ISBN : 9782940415045. DOI : 10.4000/books.iheid.307.
Mitchell, C. 2009. Annex 1. In Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law. Graduate Institute Publications. doi :10.4000/books.iheid.307
Mitchell, Claire. "Annex 1". Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law. By Mitchell. Genève : Graduate Institute Publications, 2009. Web. <http://books.openedition.org/iheid/307?mobile=1>.
MITCHELL, Claire. Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law. Nouvelle édition [en ligne]. Genève : Graduate Institute Publications, 2009 (généré le 19 juillet 2019). Disponible sur Internet : <http://books.openedition.org/iheid/249?mobile=1>. ISBN : 9782940415045. DOI : 10.4000/books.iheid.249.
Mitchell, C. 2009. Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law. Graduate Institute Publications. doi :10.4000/books.iheid.249
Mitchell, Claire. Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law. Genève : Graduate Institute Publications, 2009. Web. <http://books.openedition.org/iheid/249?mobile=1>.
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Optique ultra-rapide et Nanophotonique (DON) Equipes de Recherches du DON Theoretical Quantum Dynamics of Nano-objects (DYNO) Diluted Magnetic Semiconductors
Diluted Magnetic Semiconductors
We developed a dynamical model that successfully explains the observed time evolution of the magnetization in diluted magnetic semiconductor quantum wells after weak laser excitation. Based on a many-particle expansion of the exact p-d exchange interaction, our approach goes beyond the usual mean-field approximation. It includes both the sub-picosecond demagnetization dynamics and the slower relaxation processes which restore the initial ferromagnetic order on a nanosecond timescale. In agreement with experimental results, our numerical simulations show that, depending on the value of the initial lattice temperature, a subsequent enhancement of the total magnetization may be observed on a timescale of few hundreds of picoseconds (see figure).
More recently, our model was augmented in order to include the role played by the quantum confinement and the band structure. It was shown that the sample thickness and the background hole density strongly influence the phenomenon of demagnetization. Quantitative results were given for III-V ferromagnetic GaMnAs quantum wells of thickness 4 and 6 nm.
Finally, third-order effects in the many-particle expansion of the exact p-d exchange interaction were taken into account. Dynamical RKKY-like interactions and double-exchange mechanism based on the Kondo interaction emerge naturally from our approach. Our analysis reveals that the many-particle expansion is not generally well defined and an infrared Kondo-like divergence can occur. In particular, the bare polarization propagator fails to converge in the presence of a highly confined hole gas and an enhancement of the ion-hole spin correlation is found for low-dimensional systems.

redpajama_set_name: RedPajamaCommonCrawl


Dawson-Richards, Inc. was a corporation registered in the state of Washington (UBI #036003143). It was incorporated in Washington on February 01, 1968 and was dissolved on May 21, 2001.
The last annual report for Dawson-Richards, Inc. was due on February 28, 2001. Dawson-Richards, Inc. was a for-profit entity.


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text:
Congratulations to John Galligan, Bad Axe County is part of Kirkus Reviews Best Fiction of 2019!
Congratulations to Kathleen West on her starred Kirkus Review for Minor Dramas & Other Catastrophes! "Just as good as Liane Moriarty's Big Little Lies"
Huge congrats to Brittney Morris! Publishers Weekly named SLAY a 2019 Best Book of the Year!
Jillian Boehme's debut novel, STORMRISE, publishes today, September 24th! A huge congratulations to Jill for hitting this incredible and well-deserved milestone!!!
Rosaria Munda is going on tour! She will join Tochi Onyebuchi and Natalie C. Parker on the road for Penguin Teen Game Night, an evening filled with prizes, swag, books, trivia, and games. Tickets are available here.
SOLD!! Writer and poet Kate Baer's WHAT KIND OF WOMAN?, a debut poetry collection dealing with themes of womanhood, motherhood, and marriage, highlighting the monotony, humor, and depth that comes along with both becoming and becoming undone by these experiences, to Mary Gaule at Harper Perennial, in a very nice deal, in a pre-empt, by Joanna MacKenzie.
Congratulations to Ausma Zehanat Khan on receiving a starred review from Booklist for THE BLUE EYE, the third book in her Khorasan Archives series. They called her "a master of the genre" and they couldn't have been more correct!
A huge congratulations to Rosaria Munda for receiving FOUR starred reviews for her debut novel, FIREBORNE. Fireborne has received stars from Kirkus, SLJ, PW, and Booklist. Such well-deserved praise!
Congratulations to John Galligan on a starred Kirkus review that called BAD AXE COUNTY "a darkly irresistible thriller."
SLAY by Brittney Morris listed as Our Most Anticipated Debut YAs of 2019: July to December by B&N Teen
A SONG OF WRAITHS AND RUIN by Roseanne A. Brown was Listed in Publishers Weekly Spring 2020 Children's Sneak Previews!
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Jamie Ford
How They Came to Us
There was definitely no secret handshake involved. Jamie emailed his query letter–just like hundreds of authors do every week. As you can imagine, he got quite a lot of interest, so when Kristin requested the full, she started reading his novel at about nine o'clock that night. At one in the morning, she sent Jamie an email offering him representation. It turns out he actually had seven offers! The next morning, Kristin told Sara there was no way she was going to land this amazing book. It was just too early in her career to beat all the rival big-name agents. But this Montana author decided a Denver agent was a perfect fit.
Jamie Ford is the great-grandson of Nevada mining pioneer Min Chung, who emigrated from Kaiping, China, to San Francisco in 1865, where he adopted the western name "Ford," thus confusing countless generations. Jamie's debut novel, HOTEL ON THE CORNER OF BITTER AND SWEET was a New York Times bestseller, an IndieBound NEXT List Selection, a Borders Original Voices Selection, a Barnes & Noble Book Club Selection, Pennie's Pick at Costco, and a Target Book Club Pick. HOTEL was also named the #1 Book Club Pick for Fall 2009/Winter 2010 by the American Booksellers Association and went on to win the 2010 Asian/Pacific American Award for Literature. His work has been translated into 35 languages. Jamie is still holding out for Klingon. (That's when you know you've made it.)
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Henry and Elizabeth Spracklin's Family
Henry and Elizabeth had a big family and it is a bit complicated. This is not my family line. Any additional research that I have done on this family was to learn more about Daniel, the father, and to help my cousin Jerry in any way that I could. He is the authority on the Henry F. Spracklin and Elizabeth (Downey) Spracklin family, so bare with me.
The children of Henry and Elizabeth (Downey) Spracklin, here I have 11 children:
1. Harry Spracklin was born 1 June 1876, Sigourney, Keokuk Co., Iowa and died 8 August 1927 Davenport, Scott Co., Iowa, buried Fairmount Cemetery in Davenport, no stone. He married Frieda H. Ackerman born about 1877 in Davenport. She died about 1937 in probably Davenport. Her death is a guess on my part and needs to be further researched. Harry and Frieda had 10 children: Dorothy Elizabeth, Leroy, Herbert, George Wilbert, Richard, Bertha Sophia, Florence Margaret, Hanna, Harold Lester, and Alice Margaret.
Harry was also killed when a tree fell on him. As a result of his death, a guardianship was created using his Spanish-American War pension to cover expenses for most of his children. This guardianship spanned 20 years and 3 guardians. It is this guardianship that details the lives of his troubled kids. I will go into more detail in a future post, here is the source information.
Source: Harry Spracklin Probate Packet #1543779, 1928 – 2nd Series, #12989-13048, 1928-1938, District Court, Scott Co., Iowa, FHL#1493218, Probate Index 1834-1958 FHL#1479397 Item 1.
An obituary notice for Harry was located in the Davenport Democrat & Leader, July 1, 1927-8/31/1927, Monday Evening, August 22, 1927, State Historical Society, Iowa City, Iowa.
Spracklin: Harry LeRoy Spracklin, 51, passed away at his home, 731 1/2 West Second street, at 5:30 a.m. today following an illness of three weeks duration. The deceased was born Jan. 4, 1876, at Sigourney, Iowa. He moved to Davenport with his parents when a small boy and has since resided here. Mr. Spracklin was a Spanish-American war veteran, and served in Cuba. He is survived by his wife, Frieda Spracklin; three sons, Le Roy, George and Harold, four daughters, Mrs. Dorothy Sievert, Bertha, Florence and Alice, all of Davenport; two sisters and five brothers. The body was taken to the Stapleton funeral parlors, from where services will be held Wednesday morning at 8:15 o'clock, with services at 3:30 at St. Anthony's church. Interment will be made in Fairmont cemetery.
2. Edward Oliver Spracklin born 22 April 1877 in Iowa and died before 1940 in Napa, Napa Co., California. Edward was drafted and appears in the WWI Selective Service System Draft Registration Cards 1917-1918, National Archives M1509, Roll #1544334
Registration Card: #693, A98, Edward Oliver Spracklin, Montaque, Siskiyou, California, age 41, Born April 22, 1877, Employer: Warehouse, Standard Oil Co., Monteque, Siskiyou, California. Contact Mrs. Elizabeth Spracklin, Davenport, Scott, Iowa. Registrar's Report 4-3-20.C. Height medium, build medium, eyes brown, hair black. Signed Sept 12, 1918 by Chas. E. Wright. Local Board in Yreka, Siskiyou, California.
Edward also obtained a land patent BLM Serical #CAS0007137, #747943 Record Accession/Serial, Mt. Diablo, CA. Siskiyou for 160 acres.
He is listed in the Veterans Home of California in the 1930 Census for Napa Twp., Napa Co., California, ED28-22 SD5, Sheet 5A, 241, Ancestry.com.
3. Margaret Evalena Spracklin born 21 January 1881 in Davenport, died November 1965 in Florida. She married 26 August 1896 in Davenport to a David E. Parke and had 3 children: Ortha Raymond 16 Feb 1900 to 5 April, 1924 (Oakdale Memorial Park in Davenport) , Earl David b. Duluth, MN and Viola R. Parke.
Source: Located in the "P" section, #15458 Parke, Earl E infant, Parke David father, Maggie Spracklin mother, Book 5, pg. 20. Birth Registrations Iowa (Index), Scott Co., Iowa – Vols 1-5 1880-1897 FHL#1004408 and FHL#2070905.
Here is an obituary notice for Ortha:
Parke – Ortha Raymond Parke, passed away at his home in the Walsh Apartments at 6:40 o'clock this morning, after 18 weeks of illness. He was born in Davenport Feb. 16, 1900, and was educated in the Davenport schools, and has been employed as an usher at the Fort Armstrong theater. Surviving are the parents, Mr. and Mrs. David E. Parke, one brother, Earl David Parke of Duluth, Minn. and one sister, Miss Viola R. at home. The maternal grandmother, Mrs. J.S. Newton of Fairfield, Fla. also survives. Funeral services will be held Monday afternoon at 2 o'clock from Runge's chapel, and interment will be made in Oakdale Cemetery. Source: The Davenport Democrat and Leader, Sept. 5, 1924. Davenport newspaper pg. 23, April 5, 1924.
4. Sophia Spracklin born 23 January 1881 and died probably 1881 in Davenport, Scott Co., Iowa.
Return of Birth: Child named Sophia, female in Davenport on Jan. 23, 1881 to Henry Spracklin born in Knox Co., Ohio. Elizabeth Downey born at Cambria Co., Pennsylvania, Mother's residence 9 Street, father is a laborer, attendant Jane Gray, Dated Davenport 1881, Residence 951 East 14th St. Another researcher either found at the Iowa Genealogical Society or State Historical in Des Moines.
Another source: FHL#2070905 Births Scott Co., pg. 241 Skips 1906 to 1914 no Spracklins listed again #1682, 987 Sophia Spracklin Feb. 18, 1881.
5. Wilbur Spracklin born about 1885 in Muscatine Co., Iowa.
6. Flora Spracklin born about 1883 in Davenport, Scott Co., Iowa.
7. John Daniel Spracklin, born 7 August 1884.
8. Elizabeth Ann Spracklin born 24 July 1886 in Davenport, died July 1986 in Tulsa, Oklahoma. She married a Charles Richard Madison Burford 10 September 1903 in Sola, Camaguey, Cuba. Charles the father was born 3 January 1878 in Lewis Co., Missouri and died August 1967 in Coral Gables, Miami-Dade, Florida.
They had three children:
1. Lillian E. Burford born about 1916 in Iowa.
2. Betty A. Burford, born about 1915
3. Richard Demmit Burford II, born 22 June 1920 Des Moines, Polk Co., Iowa and died around 1983 at Fort Smith, Sebastian, Arkansas. Richard married Catherine Blanche Lemberg and had 3 children: 1) Richard Demmitt Burford III, 2) Charles Frederick Burford, and 3) Catherine Blanche Burford.
9. Elmer George Spracklin born 15 September, 1888, in Davenport, died 6 July 1963 in Persia, Harrison Co., Iowa. He is buried in the St. Mary's Cemetery in Portsmouth, Shelby Co., Iowa. Elmer married Ellen (Nellie) Bendon on the 28th of March, 1914 in Davenport. Ellen was born about 1889 in Portsmouth, Shelby Co., Iowa and died around 1966 in Persia, Harrison Co., Iowa. She is also buried in St. Mary's. Her parents were Simon Bendon (1843-1928) and Anastasia Agnes Wagner (1845-1928).
A Tribute published in the pages of The Council Bluffs newspaper, Council Bluffs, Iowa – July 6, 1963.
Elmer Spracklin – Funeral services were held on Monday at 10am for Elmer Spracklin, 74, at his home in Persia with Father Wilwerding officiating. He died suddenly of a heart attack at his home Saturday morning. He had been a farmer and a trucker in the Harrison and Shelby County areas most of his life. Mr. Spracklin was born in Davenport. He is survived by his widow, Nellie, four daughters, Mrs. Ruth Ditzler of Council Bluffs; Mrs. Irene Pitt of Persia; Mrs. Margaret Peterson of Mondamin and Mrs. Francis Elias of Ute. Three sons, John and Max of Council Bluffs, Don of Valley, Nebr., A brother Elroy Spracklin of Michigan, a sister Mrs. Bessie Burford in Florida; 18 grandchildren and five great-grandchildren. Pallbearers were Walter Kuster, John Greiner, Woodrow Wilson, William Wilson, Murie Fitzgerald, Russell Ickes. Burial was at St. Mary's Cemetery in Portsmouth.
Elmer and Nellie's family
Elmer and Ellen had 8 children:
1. Ruth Spracklin born 13 April 1913 in Portsmouth, Shelby Co., Iowa and died Jul. 1981. She married a Louis Ditzler born 3 January 1906 in Portsmouth and died Aug 1968 in Council Bluffs, Potawattamie Co., Iowa. They had 3 children: Marjorie, Ruth and Rita.
2. Irene Spracklin born 19 March 1917 in Portsmouth and died February 1881. She married an Owen Pitt born 20 April 1912 in Persia, Harrison Co., Iowa.
3. John Edward Spracklin born 11 April 1919 in Portsmouth and died 25 Oct. 1991 in Omaha, Douglas Co. Nebraska. He was buried in the Memorial Park Cemetery in Council Bluffs, Iowa. John married Gilda L. George born 11 April 1923 in Muscatine, Muscatine, Iowa and died 11 December 1989 in Omaha, Douglas, Nebraska. She is buried in Council Bluffs. John and Gilda had 10 children of which there are living descendants.
4. Pauline Spracklin was born 25 October 1922 in Portsmouth and died June 1979 in Portsmouth and is buried in St. Mary's Cemetery in Portsmouth, Shelby Co., Iowa.
5. Margaret Spracklin was born 8 May 1924 in Portsmouth. She married a Donald Fisher and also a Donald Peterson and had two children by Peterson.
6. Maxmillio Spracklin was born 26 April 1926 in Iowa and died 22 March 1998 in Council Bluffs, Iowa. Max had two children but I do not know his wife's name.
7. Donald Spracklin born 28 Jan 1928 in Portsmouth, married Delores Chapman born 7 May 1932. They had one child.
8. Francis Spracklin was born 5 September 1930 in Portsmouth and died 26 April 2002 in Council Bluffs. She married Ronald Elias.
10. Raymond Otha Spracklin born 17 Sep. 1890 in Davenport, died 17 Jan 1935 in Harrison Co., Iowa. He is buried in the Lytle Cemetery in Harrison Co., Iowa. He married Minne Hansen 5 July 1932 and they had one daughter: Donna Rae.
Ray was a Veteran of World War I.
Obituary of Ray Spracklin – Residents of this vicinity were greatly shocked Thursday afternoon Jan. 17, to learn that Raymond Spracklin had been fatally injured by a tree falling on him. He and his two step-sons Charlie and Donald Newland, had gone to the timber of Jim Foley, two miles sought of Persia, and were cutting a tree. They had planned to fall the tree north and had placed the wedge in the south cut of the tree. Mr. Spracklin hit the wedge, but instead of the tree tipping over it jumped off the stump to the north, causing the tree to fall south. Ray tried to get out-of-the-way but the limb hit him, fractured his skull and broke both legs, bruised his body. The boys went for help at once. Mr. Foley, who was the first come sawed the limb so it could be removed from his body. Mrs. Foley also helped till W. E. Becker came with his ambulance and took him to the Mercy Hospital in Council Bluffs where he passed away at 7:30. Raymond Otha Spracklin was born Sept. 17, 1890 and died Jan. 17, 1935, at the Mercy Hospital in Council Bluffs at the age of 45 years and 4 months. He was married July 5, 1932 to Minne Hansen. To this union one daughter was born, Donna Rae. He leaves to mourn his departure, his wife and daughter and seven step-children; Blanche of Council Bluffs, Anabelle, Dorothy, Charles, Mable, Donald and Kathryn all at home. He also leaves his mother, two sisters and several brothers. He was a loving father. His children's comfort was his first thought. Funeral sevices will be held Saturday afternoon at the Latter Day Saints Church in Persia at 1:30 conducted by Elder Wm. Chambers of that church. Ray was well-known in this community, having spent part of his life here and his many friends will be grieved to learn of his passing.
This obituary was found in The Republican Newspaper of Harlan, Iowa on Thurs Jan 31, 1935.
11. Elroy Franklin Spracklin born 23 January 1891 in Scott Co., Iowa and died 27 Oct. 1971 Thonotosassa, Hillsborough, Florida. He married Mary Dohoney 21 June 1913 in Davenport. She was born about 1895 in Chicago and died 4 February 1920. She is buried in St. Margueriite's Cemetery in Davenport. They had four children.
I hope I have presented this family as correctly as possible. There is a lot more information to share. There was a lot of research done in vital records, census, city directories, newspapers and more. If you would like to know more about these families please contact me. Most of the information found was through the efforts of my cousin Jerry. He gave me his permission to present this information to you.
This entry was posted in Ackermann surname, Bendon surname, Burford surname, California, Chapman surname, Cuba, Davenport, Ditzler surname, Dohoney surname, Elias surname, Elizabeth Downey Spracklin, Fairmount Cemetery Davenport IA, Fisher surname, Florida, George Surname, Hansen surname, Harrison County, Henry F. Spracklin, Iowa, Keokuk County, Lemburg surname, Lytle Cemetery IA, MILITARY, Minnesota, Missouri, Napa County, Nebraska, Newton surname, Oklahoma, Parke Surname, Peterson surname, Pitt surname, Scott County, Shelby County, Siskiyou County, SPRACKLIN/LEN SURNAME, St. Mary's Cemetery Portsmouth, Wagner surname, World War I Service and tagged Accidental death, Davenport Democrat & Leader, The Republican newspaper, WWI. Bookmark the permalink.
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4 thoughts on "Henry and Elizabeth Spracklin's Family"
Crystal Fannon | February 14, 2013 at 7:42 pm
Donna Rae Spracklin is my grandmother, she married Joseph Sausedo. They had five daughters. Gloria Jean, Donna Rae, Connie Jo, Anita Louise, and Judy Lynn.
bonmac | February 15, 2013 at 4:51 am
Crystal: Welcome cousin. I have Donna Rae as a daughter of Raymond Otha Spracklin and Minnie Hansen. Thank you so much for the update.
Also Raymond's wife Minnie her maiden last name is Lytle. We did not know much about the Spracklin Family until I stumbled across this website. Which it made my mother happy to have at least some knowledge of her family. As I was mistakened on one of the daughter's middle name, it is Donna Marie not Donna Rae.
bonmac | February 15, 2013 at 3:03 pm
Crystal: That is good news. I am glad for your mother. I will eventually talk more about what I know of each of Henry's kids and more on the Spracklin's. You might want to go to my Solomon Goss of Fearing Township blog for I am talking about the Spracklins in Ohio. Just go to the right side of the blog and scroll to you find the list of my blogs. Bonnie
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Jitendra started the discussion, but i wouldn't be wrong if i say we all had the itch. A hackathon was in everybody's mind since quite a while. So we started a email discussion among fellow hackers, mostly Pulchowk Campus BCT'ians. We had few projects in mind - ATM Locator, Khanchuwa and Online Nepali Donation system. All we needed was a date for the event. But before we could finalize that, we coined a term for the event.
HackJatra. For non-Nepalis out there, Jatra means festivity. Later the term was also informally understood as "Hack by day, Jatra by night" :P. More on that later..
Finally, we fixed the date and venue: 11th December, 2010 at IT Park Banepa, starting from 9am.
Map enabled app to list and search ATMs in Nepal.
Community based delicacies listing portal. The idea was discussed at BarCamp Kathmandu 2010.
Automated twitter accounts to tweet the loadshedding schedule.
More on the projects in the wiki.
Needless to say, the event was extremely fun. The joy of hacking for fun with extremely talented fellow hackers is indescribable. The projects we started are almost done; few more hours of collaborations and they'll all be ready to launch.
1. Do some branding of HackJatra; create a logo, have a website and make the projects more accessible and sharable.
Nice job. Should keep it up !
Nice Job Guys! I really liked the idea of "Khanchuwa" and "Tweet NEA". I am excited to see this projects coming into life.
@jwalanta: A small question about "ATM Locator". This isn't a GPS enabled app right? Does GPS service work in Kathmandu? Its been a while I was in Kathmandu!