INTERNATIONAL LAW - CRIMINAL LAW - IN THE ABSENCE OF PROTEST BY THE ASYLUM NATION, A FEDERAL COURT HAD JURISDICTION OVER A DEFENDANT BROUGHT INTO THE DISTRICT BY FORCIBLE ABDUCTION - UNITED STATES V LIRA (1975)

• NCJ Number: 32778
• Journal: Connecticut Law Review Volume: 8 Issue: 1 Dated: (FALL 1975) Pages: 141-148
• Author(s): M J SPEZIALE
• Date Published: 1975
• Length: 8 pages
• Corporate Author: University of Connecticut Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A NARCOTICS DEFENDANT ALLEGED THAT HE HAD BEEN TORTURED BY AGENTS OF THE UNITED STATES GOVERNMENT, KIDNAPPED FROM CHILE, AND BROUGHT TO THE SOUTHERN DISTRICT OF NEW YORK FOR TRIAL.

Abstract

THE COURT HELD THAT, EVEN THOUGH CHILEAN COOPERATION GAVE RISE TO A SUSPICION OF UNITED STATES INVOLVEMENT IN THE BRUTAL INTERROGATION AND ABDUCTION, THERE WAS NO SUBSTANTIAL EVIDENCE UPON WHICH TO BASE A DENIAL OF JURISDICTION. THIS DECISION, WHICH IS THE SECOND CIRCUIT'S MOST RECENT PRONOUNCEMENT OF BODY EXCLUSION, REVIVES AND RECASTS THE TIME-WORN KER-FRISBIE DOCTRINE: 'FORCIBLE ABDUCTION IS NO SUFFICIENT REASON WHY THE PARTY SHOULD NOT ANSWER WHEN BROUGHT WITHIN THE JURISDICTION OF THE COURT WHICH HAS THE RIGHT TO TRY HIM'. (AUTHOR ABSTRACT)