Extradition

• Author: International Law Group
• Pages: 208-209

Page 208

The following district court case concerns Ireland's request for the extradition of a the Reverend George Exoo of the "Compassionate Chaplaincy Foundation," an organization that assists people who wish to commit suicide. Such has been termed "suicide tourism" by critics. More information about the background of this matter is available at www.compassionate-chaplaincy.com.

The United States initiated an action for the extradition of American citizen George Exoo to Ireland. The Dublin Metropolitan District Court issued a Warrant to Arrest Exoo on May 21, 2004, based upon information provided by a police detective that Exoo (1) aided and abetted and (2) counseled the suicide of an Irish woman, Ms. Toole, in violation of Irish law. That law provides that "a person who aids, abets, counsels or procures the suicide of another . . . shall be guilty of an offa ense and shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years." Section 2(2) of Ireland's Criminal Law (Suicide) Act, 1993.

Exoo was affiliated with an organization known as the Compassionate Chaplaincy Foundation which provided assistance to dying people. Exoo, in his position as a minister, provided instruction and spiritual support for people seeking to end their own lives. In 2002, Exoo traveled to Ireland after some correspondence with Ms. Toole, a woman suffa ering health problems who had attempted and failed at suicide once before. Ms. Toole paid for Exoo's traveling expenses. On January 25, he was with Ms. Toole when she took unspecifi c pills and out on a mask that supplied her with helium, not oxygen. She soon asphyxiated, and Exoo left the country without notifying authorities of her death. In 2007, a warrant was issued in the U.S. and Exoo was arrested. The court subsequently held a hearing to determine where extradition of Exoo to Ireland was permissible.

Under the 1983 extradition treaty between the United States and Ireland, "An offa ense shall be an extraditable offa ense only if it is punishable under the law of both Contracting Parties by imprisonment for a period of more than one year, or by a more severe penalty... Extradition shall also be granted for attempt and conspiracy to commit, aiding, abetting, counseling, procuring, inciting, or otherwise being an accessory to the commission of [such an offa ense that is punishable under the law of both states]." The treaty further stipulated that it "adopts the modern...