Artukovic

The holding of this court — 107 F. Supp. 11 — that no treaty was in existence between the United States of America and the country now known as Yugoslavia, was reversed by the United States Court of Appeals for the Ninth Circuit—Ivancevic v. Artukovic, 211 F.2d 565 , certiorari denied 348 U.S. 818 , 75 S.Ct. 28 , 99 L.Ed. 645 .

Article VI of the Treaty, May 17, 19Ó2, 32 Stat. 1890 , in its pertinent portion, provides as follows:

The matter is before the court on a Petition for Writ of Habeas Corpus prior to any hearing by a Committing magistrate. The function of the court at this time on this hearing is not that of a Committing magistrate, Wright v. Henkel, 190 U.S. 40 , 23 S.Ct. 781 , 47 L.Ed. 948 , and its power on a writ prior to such a hearing is confined to the limited and narrow question as to whether or not the Complaint states an extraditable offense under the treaty. Hence, this court cannot at this time consider that section of the treaty which provides that one shall not be surrendered “if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.” If the defendant can make such…