In response to Yesterday’s front-page headline in the Stabroek News titled “Extradition treaty says requesting party must pay their expenses,” we wish to clarify the interpretation of Article 13 of the extradition treaty between the United States of America and Guyana. The article states that “all expenses connected with the extradition shall be borne by the high contracting party making the application,” which has been interpreted to mean that the requesting state (the USA) is responsible for the expenses associated specifically with the extradition itself, not those incurred during the extradition process.
To clarify, the extradition occurs after a formal decision has been made, and the expenses connected with this action refer primarily to the costs related to transporting the individual being extradited to the requesting country—here, the USA. These expenses are indeed the responsibility of the United States.
Conversely, the costs associated with the legal process leading up to the extradition, including the provision of legal representation, have always been borne by Guyana, as recognized by our legislation and practices over the years. This understanding has been corroborated by the Director of Public Prosecutions, who has held his position for over two decades and has been involved in numerous extradition cases.
For instance, in the case of Marcus Bisram, when the Government of Guyana sought his extradition from the United States, the US Government provided legal services for the proceedings in the US. Once the extradition decision was granted, it was the Government of Guyana that covered the transportation costs of Bisram back to Guyana.
Consultations with several Caribbean jurisdictions have indicated that similar practices are standard in their extradition procedures.
Given this context, one might wonder why Stabroek News, as a prominent and influential media outlet, would choose to publish articles that could potentially detract from the collaborative efforts of two nations working together to ensure that fugitives face justice across borders. This is a question that remains for them to answer.
This statement aims to clarify the public record regarding this matter.
