Ivancevic, Consul General of Yugoslavia v. Artukovic. Ware, United States Marshal v. Artukovic

Rafo Ivancevic, Consul General of the Federal Peoples’ Republic of Yugoslavia, hereinafter sometimes abbreviated to “Yugoslavia”, has filed with the United States Commissioner at Los Angeles, California, a formal request upon behalf of his country that an order issue for the extradition of Andrija Artukovic, alias Alros Anich, to Yugoslavia, in which country a warrant is outstanding for his arrest as a fugitive charged with the crime of murder. The Commissioner ordered Artukovic held by the United States Marshal without bond pending a hearing in the extradition proceedings, and Artukovic thereupon petitioned the United States District Court for the issuance of the writ of Habeas Corpus, praying that the court order his release upon the posting of a bond in a reasonable sum.

Subsequently, Artukovic was permitted to amend his petition in order to attack the jurisdiction of the proceedings on two grounds: i. e., that the charge against him was of a political nature and therefore was not an extraditable offense, and, more sweeping in effect, that no treaty of extradition exists between the United States and Yugoslavia. Bail was issued in the amount of $50,000 pending a determination…