The State of origin may apply for the return of the fugitive, but it does not always do so. If the offence is a misdemeanour or other violent crime, no request for restitution may be made. However, if such a request is made, the refugee has the possibility to renounce extradition or to try to combat extradition by a letter of habeas corpus. As a general rule, States cannot consider the indictment underlying an extradition request. The U.S. Constitution (Sixth Amendment), however, requires the accused to be “informed of the nature and reason for the charge.” This means that states inform the refugee: if the refugee is not subject to extradition, other steps can be taken to return him to the United States or limit his ability to live and travel abroad. See JM 9-15 600 et seq. There may be alternative methods to ensure the fugitive`s return or limit his or her ability to live or travel abroad. OIA will advise the prosecutor on the availability of these methods. These alternative methods are discussed in JM 9-15.610-650.
If a refugee is arrested only after a long delay, a prosecutor may be required to seek a violation of a speedy constitutional procedure if extradition has not been requested or if the government has not taken other steps to return the refugee to the United States. Any decision to continue or not to follow extradition or any other measure aimed at obtaining the detention of the fugitive should be documented in order to prepare a possible request for an expedited procedure. As a general rule, the act for which extradition is requested must constitute a criminal offence which may be punishable by a minimum penalty, both in the requesting and requested States. The so-called US program has triggered several official investigations in Europe into alleged secret arrests and illegal international transfers involving Council of Europe member states. A June 2006 Council of Europe report estimated that 100 people had been abducted by the CIA on EU territory (in collaboration with members of the Council of Europe) and transferred to other countries, often after passing through secret detention centres (“black sites”) used by the CIA, some of which may be in Europe. According to the European Parliament`s separate report of February 2007, the CIA carried out 1,245 flights, many to destinations where suspects could be tortured, in violation of Article 3 of the UN Convention against Torture.  A large majority of the European Union Parliament supported the report`s conclusion that many member states tolerate illegal CIA acts and criticized such actions. Within days of his inauguration, President Obama signed an executive order against the transfer and set up a task force to make recommendations on processes to prevent victims of transfer.  2. Each State shall take the necessary measures to search for and identify the children referred to in paragraph 1(a) and to return them to their families of origin, in accordance with applicable legal procedures and international conventions.
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