Ira Einhorn

Ira Samuel Einhorn (born May 15, 1940) was an activist in the 1960s and 1970s who is now serving a life sentence for the murder of Holly Maddux in 1977.

Extradition

In 1997 Einhorn was tracked down and arrested in Champagne-Mouton, France, where he had been living under the name "Eugene Mallon". The extradition process, however, proved more complex than it was initially envisioned, and pitted against each other the different interpretations that France and the US have of the "right to a fair trial". Under the extradition treaty that France has with the United States, either of the countries may refuse extradition to the other country if it finds that the defendant may not get a fair trial.

Related Topics:
1997 - Champagne-Mouton - France - Right to a fair trial

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

French courts disagreed at first with the extradition because French law does not allow for sentencing defendants to imprisonment at a trial that they did not attend. Einhorn's defense also argued that Einhorn would face the death penalty if returned to the US (France, having abolished the death penalty, does not extradite defendants without assurances that the death penalty will not be sought and will not be applied), but Pennsylvania authorities pointed out that at the date of the murder, Pennsylvania did not have the death penalty.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The court's decision infuriated many in the US, where it was ascribed by some as political posturing from France's government, even though the decision was taken by an independent court. 35 members of Congress sent a letter to president Jacques Chirac of France, asking for Einhorn's extradition (under France's separation of powers, the President cannot give orders to courts and does not intervene in extradition affairs).

Related Topics:
Jacques Chirac - Separation of powers

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

As a consequence of this refusal, in order to secure the extradition of Ira Einhorn, the Pennsylvania legislature passed in 1998 a bill (nicknamed the "Einhorn Law") allowing in absentia defendants to request another trial. The bill was, however, criticized as being unconstitutional (the allegation being that the legislature cannot overrule a final judgment handed by a court), and Einhorn's attorneys tried to use this fact to get French courts to deny the extradition again, on grounds that the law would be inapplicable. However, the French court ruled itself incompetent to estimate the constitutionality of foreign laws. Another point of friction with the US was that the court had freed Ira Einhorn under police supervision — French laws put restrictions on remand (the imprisonment of suspects awaiting trial). Einhorn was then the focus of intense surveillance by the French police.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The matter then went before then prime minister Lionel Jospin, since extraditions, after having been approved by courts, must be ordered by the executive. Meanwhile, Einhorn's supporters alleged that Einhorn had been unfairly treated by American criminal justice and that he would perhaps not receive a fair trial. The French Green Party, in particular, complained that Einhorn should not have been extradited until the matters concerning his trials were fully settled. In some respects, the debate took a more political character, with arguments exceeding the particular case of Einhorn and going into wider criticism of American justice and its perceived unfairness for some categories of defendants; there were also concerns that the case against Einhorn was politically motivated. Because of the sensitive character of the case, Jospin took some time to reach a decision, but issued an extradition decree. Jospin was then criticized by some as having caved in to political pressure from US President Bill Clinton. Einhorn litigated against the decree before the Conseil d'État, which ruled against him. He then attempted to slit his throat, and litigated before the European Court of Human Rights.

Related Topics:
Prime minister - Lionel Jospin - French Green Party - Decree - Bill Clinton - Conseil d'État - European Court of Human Rights

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

On July 20, 2001, he was extradited to the United States after French authorities were promised that he would receive another trial and would not face the death penalty under any circumstances.

Related Topics:
July 20 - 2001 - United States - Death penalty

~ ~ ~ ~ ~ ~ ~ ~ ~ ~