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Eain v. Wilkes 641 F.2d 504

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Essay / Research Paper Abstract

This 3 page paper outlines the case of Ziyad Abu Eain who, using a writ of habeas corpus, sought to avoid an application for his extradition to Israel following his implication in a PLO bombing that killed 2 and injured 30; which was seen as a terrorist action. The paper outlines the case against him and the way in which the courts looked at the case with reference to the extradition treaty, the claims of insufficient evidence and attempt to use a political exemption clause. The bibliography cites 2 sources.

Page Count:

3 pages (~225 words per page)

File: TS14_TEeainwlk.rtf

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Unformatted sample text from the term paper:

issues. In this case the plaintiff Ziyad Abu Eain wanted to avoid extradition to Israel. This case was brought by Ziyad Abu Eain, usually a resident of the West Bank in Jordan and currently in the United States and is bringing the case against Peter Wilkes who is the Marshal for the Northern District of Illinois (Lexis, 2003). This is an appeal case where the Frank J McGarr has already denied the writ of habeas corpus that was presented to the district court. On the 14th of May 1979 a bomb was exploded in Israel which killed two boys and injured another thirty. Israel believed that the plaintiff was implicated and is seeking extradition to place the plaintiff on trial for murder. There is an extradition treaty between the United States and Israel. The way in which this is applied and procedures are laid down in 18 U.S.C. s 3184. The question here is whether or not the procedure to allow extradition is within the scope of the treaty and within the allowable procedures. Under article two of the extradition treaty there is the allowance of individuals who dace accusations of murder of grievous bodily harm, also included are the accusations of attempting these crimes. However, the accusation alone in not sufficient to warrant an extradition, article five of the same treaty also states that for the extradition to take place there has to be found "sufficient, according to the laws of the place where the person sought shall be found ... to justify his committal for trial if the offense of which he is accused had been committed in that place..." (Lexis, 2003). The case of Shapiro v. Ferrandina, ...

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