The Finality of Judgment and Sentence Prerequisite in the United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress and the President to Reform and Justifying Jurisdiction of the Inter-American Human Rights Commission and Court
30 Pages Posted: 22 Oct 2007
Abstract
A single low wattage bulb hanging from the ceiling provides the only light - when it works and the electricity is on. After several hearings that substantiated complaints, the Committee on International Relations recommended a bilateral prisoner transfer treaty. The Court in the exercise of its current jurisdiction should also empower the Commission to enforce a country's obligation under a bilateral prisoner transfer treaty. In its power of review, the Commission may request, and therefore presumably consider, any pertinent information. That should also include the review of conduct of a member state that violates its legal obligations under a bilateral prisoner transfer treaty. It follows that when a member country thwarts the goals of a prisoner transfer treaty by failing to finalize judgment and sentence, the Commission may, within the exercise of its jurisdiction, fashion a remedy to redress the violation.
JEL Classification: K00
Suggested Citation: Suggested Citation