Extradition from Italy to the United States—Joseph Henn

A Catholic priest wanted in Arizona has been approved for extradition by a Rome court.^[1] Joseph Henn is wanted on charges that he allegedly molested “three boys when he worked in a parish in Phoenix diocese in the 1980s.”^[2] He has been wanted since 2003, and he has been living under house arrest at his religious order’s headquarters.^[3]

In November, as the matter was being heard, his lawyer claimed that Mr. Henn would be “killed in prison if he were sent home.”^[4] This argument obviously held little sway with the court, which ordered his extradition.^[5] An appeal is planned, and the final determination belongs to the Italian Minister of Justice.^[6]

The extradition treaty between Italy and the United States contains a dual-criminality component, which means that child molestation must be a crime in both countries that is punishable by more than a year in prison, in order for the person to be extradited.^[7]

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[1] Lawyer for US Priest Says to Appeal Extradition, Reuters (via Yahoo!), Feb. 2, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Extradition Treaty, Oct. 13, 1983, U.S.-Ital., Art. II, para. 1, S. Treaty Doc. No. 98-20 (1984).