DOJ-OGR-00002797.jpg
799 KB
Extraction Summary
6
People
2
Organizations
6
Locations
6
Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
799 KB
Summary
This document is a page from a legal filing by attorney William Julié, dated March 23, 2021. It argues that France can legally deport individuals who have been stripped of their French nationality, using the case of Djamel Beghal as a primary example. Beghal, a dual French-Algerian citizen convicted of terrorism, was deprived of his French citizenship to facilitate his deportation to Algeria, a move intended to circumvent ECtHR prohibitions on removal to countries with a risk of torture.
People (6)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR – ATTORNEY AT LAW |
Appears in the header of the document, likely the author or representing party.
|
| Babar Ahmad | Litigant |
Mentioned in the case name "Babar Ahmad and Others v. the United Kingdom".
|
| Djamel Beghal | Dual French-Algerian citizen |
Used as an example of a person convicted of terrorist offenses, deprived of French nationality, and deported to Algeria.
|
| Daoudi | Litigant |
Mentioned in the footnote for the case "Daoudi v. France".
|
| Trabelsi | Litigant |
Mentioned in the footnote for the case "Trabelsi c. Belgique".
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| Othman | Litigant |
Mentioned in the footnote for the case "Othman c. Royaume-Uni".
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| ECtHR | Court |
European Court of Human Rights, mentioned in relation to case law on extradition and deportation, specifically "ECtHR...
|
| French government | government agency |
Mentioned as the body that made the decision to deprive Djamel Beghal of his French nationality.
|
Timeline (6 events)
2012-04-12
ECtHR ruling in the case of Babar Ahmad and Others v. the United Kingdom.
United Kingdom
Djamel Beghal was deported from France to Algeria after being deprived of his French nationality.
France to Algeria
The French government decided to deprive Djamel Beghal of his French nationality.
France
Locations (6)
| Location | Context |
|---|---|
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Mentioned as a party in the case "Babar Ahmad and Others v. the United Kingdom".
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Mentioned throughout as the country dealing with deportation, citizenship deprivation, and where Djamel Beghal was in...
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Mentioned as the country to which Djamel Beghal was deported and where he was to stand trial.
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Belgium, mentioned in the footnote for the case "Trabelsi c. Belgique".
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|
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United Kingdom, mentioned in the footnote for the case "Othman c. Royaume-Uni".
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Address listed in the footer for William Julié's law practice.
|
Full Extracted Text
Complete text extracted from the document (2,542 characters)
Case 1:20-cr-00330-PAE Document 171 Filed 03/23/21 Page 17 of 18
WILLIAM JULIÉ
AVOCAT À LA COUR – ATTORNEY AT LAW
AVOCAT À LA COUR – ATTORNEY AT LAW
extradition and other removals”, ECtHR 12 April 2012, Babar Ahmad and Others v.
the United Kingdom, no. 24027/07, §168).
the United Kingdom, no. 24027/07, §168).
23. France has no difficulty with deporting individuals who have lost French nationality by
application of Article 25 of the Civil Code, which enumerates the list of crimes that may
give rise to a deprivation of citizenship. For example, a dual French-Algerian citizen
named Djamel Beghal was recently deported to Algeria after he was convicted of
terrorist offences and subsequently deprived of his French nationality².
application of Article 25 of the Civil Code, which enumerates the list of crimes that may
give rise to a deprivation of citizenship. For example, a dual French-Algerian citizen
named Djamel Beghal was recently deported to Algeria after he was convicted of
terrorist offences and subsequently deprived of his French nationality².
24. While in custody in France, Djamel Beghal was also convicted in absentia to a term of
prison in Algeria, but his extradition initially seemed impossible, not because he used
to be a French citizen, but because the case law of the ECtHR specifically prohibits
State parties from deporting persons deprived of their nationality to the State of which
they remain a national, when there is a risk of torture or degrading treatment³. Beghal
was eventually deported to Algeria where he was arrested upon landing for the purpose
of standing trial. In this case, the French government’s decision to deprive Djamel
Beghal of his French nationality was clearly intended to allow for his removal from
France, whether through extradition or deportation, as both means of removal were
conceivable at the time. Had there not been a risk of violation of the ECHR at the time
of the Algerian extradition request, he may well have been extradited as opposed to
deported a few years later, when that risk was eliminated.
prison in Algeria, but his extradition initially seemed impossible, not because he used
to be a French citizen, but because the case law of the ECtHR specifically prohibits
State parties from deporting persons deprived of their nationality to the State of which
they remain a national, when there is a risk of torture or degrading treatment³. Beghal
was eventually deported to Algeria where he was arrested upon landing for the purpose
of standing trial. In this case, the French government’s decision to deprive Djamel
Beghal of his French nationality was clearly intended to allow for his removal from
France, whether through extradition or deportation, as both means of removal were
conceivable at the time. Had there not been a risk of violation of the ECHR at the time
of the Algerian extradition request, he may well have been extradited as opposed to
deported a few years later, when that risk was eliminated.
25. In any case, the deportation of formerly French citizens shows that the loss of French
nationality prevents any retroactive application of domestic provisions which are
intended to protect French nationals, be it from deportation or extradition.
nationality prevents any retroactive application of domestic provisions which are
intended to protect French nationals, be it from deportation or extradition.
² https://www.lemonde.fr/societe/article/2018/07/16/incertitude-sur-le-sort-de-l-islamiste-djamel-beghal-qui-sort-
de-prison-lundi_5332053_3224.html
³ ECtHR 3 December 2009, Daoudi v. France, application no. 19576/08.
or 4 sept. 2014, Trabelsi c. Belgique, req. n° 140/10, 17 janv. 2012, Othman c. Royaume-Uni, req. n° 8139/09. For
more details, http://www.revuedlf.com/cedh/eloignement-des-etrangers-terroristes-et-article-3-de-la-convention-
europeenne-des-droits-de-lhomme/
de-prison-lundi_5332053_3224.html
³ ECtHR 3 December 2009, Daoudi v. France, application no. 19576/08.
or 4 sept. 2014, Trabelsi c. Belgique, req. n° 140/10, 17 janv. 2012, Othman c. Royaume-Uni, req. n° 8139/09. For
more details, http://www.revuedlf.com/cedh/eloignement-des-etrangers-terroristes-et-article-3-de-la-convention-
europeenne-des-droits-de-lhomme/
5
51, RUE AMPÈRE - 75017 PARIS - TÉL. 01 88 33 51 80 – FAX. 01 88 33 51 81
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
DOJ-OGR-00002797
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