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Profile: Humberto Alvarez-Machain
Humberto Alvarez-Machain was a participant or observer in the following events:
The United States executes an extraordinary rendition of Humberto Alvarez-Machain, a Mexican doctor accused of being involved in the torture and killing of a DEA official. He is captured in Mexico and taken to the US without the approval of the Mexican government. The rendition, approved by President George Bush, draws strong criticism from the Mexicans, who were not informed of Alvarez-Machain’s abduction in advance and believe the matter should have been dealt with under the extradition treaty between the two countries. [US House of Representatives, 7/24/1992; Washington Post, 10/21/2007] Alvarez-Machain will be tried in the US and the rendition issue will go all the way to the Supreme Court (see June 15, 1992).
The US Supreme Court reaffirms the Ker-Frisbie doctrine, which states that a US court will not concern itself over how a suspect came to stand before it for trial. The reaffirmation is part of a ruling on the case of Humberto Alvarez-Machain, a Mexican doctor allegedly involved in the kidnap and murder of a DEA agent who was rendered from Mexico by US agents without Mexico’s consent under the extradition treaty with the US (see April 1990). The Ker-Frisbie doctrine reaches back to the 19th century and states that US courts have jurisdiction over a criminal defendant regardless of the means by which that defendant was brought before the court, as a breach of general international law principles does not generally affect the jurisdiction of a domestic court. [US House of Representatives, 7/24/1992] However, Alvarez-Machain will be acquitted later by a lower court on the facts of the actual charges. [Grey, 2007, pp. 135]
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