- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /

(1916) Author: Alfons Heyking - Tema: Russia
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P. vi., Сн. xi.

§ 282.

§ 283.
Greece, [-Netherlands,-]
Germany, Italy.

Sometimes Russian captains apply through their Consuls to the
police with the request not only to arrest the deserter, but also to
keep him in custody, and then to deliver him over to the captain when
the ship sails. In England, such requests cannot be granted on account
of the Habeas Corpus Act, but, on the other hand, as the captain is
responsible for the discipline on board his ship, he may keep the men
in custody on board, and even handcuff them. In such cases the
British police does not interfere.

It is not possible for Consular Officers to help the local authorities
to deal with deserters from Russian ships who are loafing about:
Consular Officers have no executive power. The local authorities
themselves should take as strong measures as possible to prevent
desertion from ships.

The declaration on the subject of extradition of deserters from
ships, concluded between Russia and Sweden on the 27th March/8th
April 1812, provides that the request for extradition must be addressed
to the Governmental Authorities of the place where the desertion
occurred, who are obliged to take all the measures prescribed by law
to find and arrest the deserter ; extradition will then be granted on
payment by the person by whom extradition is demanded of the
expenses incurred, after it has been proved from the crew list that
the deserter really belonged to the particular ship. Extradition is
allowed without taking into account any liabilities or debts which
the deserter may have contracted while in the country.

More detailed agreements as to arrest and delivery of deserters
are contained in the treaties of commerce and navigation concluded
by Russia with Austria on the 2nd/i4th December i860, Art. 18 ;
with Belgium on the 28th May/gth June 1858, Art. 20 ; with Greece
on the 12th June 1850, Art. 9 ; with the Netherlands ist/i3th
September 1846, Art. 15 ; with the United States of North America on
the 6th/i8th December 1832, Art. 9, and in the Consular Conventions
concluded by Russia with France on the 20th March/ist April 1874,
Art. 12 ; with Germany on the 26th November/8th December 1874,
Art. 12 ; with Italy on the i6th/28th April 1875, Art. 12 ; and with
Spain on the uth/23rd February 1876, Art. 12. The articles of
these treaties that are mentioned are nearly identical, and are as
follows : In order to procure the extradition of a deserter, Russian
Consular Officers must apply, in writing, to the competent tribunals,
judges, or other functionaries, and must produce the register, crew
list, or other official documents of the ship, or, if the ship has sailed,
a copy of them, duly attested by themselves, to prove that the men
whose extradition they demand were really members of the crew of
the ship in question. On receipt of this demand, supported by the
evidence mentioned, the deserter is given up without further difficulty.
Once the arrest has been effected, deserters are at the disposal of
the Consular Officers, and may even, at their request, be detained
in the local prisons until they can be transferred to the ship to which
they belong, or until an opportunity occurs of sending them to their
native place in a ship of the same nationality, or by any other means.
The expenses of such detention are paid by the Consular Officer, whose
outlay will be refunded by the party at whose request the arrest is

§§ 282, 283

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