25
To be sure, we take no issue with the Secretary of State’s contention that he has,
pursuant to other treaties, extradited persons not yet criminally charged. See, e.g., In re
Assarsson, 635 F.2d 1237 (7th Cir. 1980) (extradition to Sweden without criminal charges);
Emami v. U.S. Dist. Ct. for N. Dist. Calif., 834 F.2d 1444 (9th Cir. 1987) (extradition to
Germany without criminal charges); In re Extradition of Saranello, 142 F. Supp. 3d 1182
(W.D. Okla. 2015) (extradition to Mexico without criminal charges); In re Extradition of
Handanovic, 829 F. Supp. 2d 979 (D. Or. 2011) (extradition to Bosnia and Herzegovina
without criminal charges). Several of those cases, however, involved treaties that did not
contain a charging document mandate. As the Seventh Circuit reasoned in its Assarsson
decision, “[s]ince the parties chose not to require production of the charge document, we
can easily infer that they did not require the ‘substance’ of a charge either.” See Assarsson,
635 F.2d at 1243; see also Emami, 834 F.2d at 1448 (concluding no criminal charges
required because no treaty requirement for charging document); Saranello, 142 F. Supp.
3d at 1186 n.2 (same); Handanovic, 829 F. Supp. 2d at 987 (same).
In addition to treaties characterized by the absence of a charging document mandate,
some treaties reference a charging document but do so in a way that provides greater
flexibility. Certain extradition treaties, for example, include a provision for the production
of “a copy of the charging document, if any.” See, e.g., Extradition Treaty, Austria – U.S.
art. 10, § 3, Jan. 8, 1998, T.I.A.S. No. 12916 (emphasis added). Other extradition treaties
have apparently demanded “a document setting forth the charges.” See Extradition Treaty,
Chile – U.S., art. 8, §3(b), June 5, 2013, T.I.A.S. No. 16-1214 (emphasis added). In those