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Extraction Summary
3
People
5
Organizations
3
Locations
2
Events
2
Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
753 KB
Summary
This document is a legal opinion by attorney William Julié analyzing the potential outcome of an extradition request from the United States to France for Ghislaine Maxwell, should she flee there. The analysis focuses on the general bars to extradition under French law, particularly the requirement for French courts to consider human rights violations in the requesting state. The author concludes it is highly unlikely that French authorities would refuse to enforce an extradition decree for Maxwell, despite her French citizenship.
People (3)
| Name | Role | Context |
|---|---|---|
| William JULIÉ | avocat à la cour – attorney at law |
Author of the document, providing a legal opinion.
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| Ghislaine Maxwell | Subject of extradition request |
The person whose potential extradition from France to the USA is being analyzed.
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| Einhorn |
Mentioned in a footnote case citation: 'Einhorn v. France'.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| French judicial authorities | government agency |
Mentioned as the body that would decide on Ms. Maxwell's custody in an extradition case.
|
| French courts | government agency |
Mentioned as the venue where bars to extradition can be invoked.
|
| French Cour de cassation | government agency |
Its case law is cited regarding the consideration of human rights violations in extradition cases.
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| Investigating Chamber of the Court of appeal | government agency |
Mentioned as the body that must consider allegations of human rights violations.
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| wj avocats | company |
Mentioned in the footer via email address (wj@wjavocats.com) and website (www.wjavocats.com).
|
Timeline (2 events)
Analysis of the likely outcome of a hypothetical extradition request by the USA to France for Ghislaine Maxwell.
A hypothetical flight by Ghislaine Maxwell from the USA to France after being released on bail.
from USA to France
Locations (3)
| Location | Context |
|---|---|
|
The country requesting the extradition of Ms. Ghislaine Maxwell.
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|
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The country from which Ms. Ghislaine Maxwell's extradition is being considered.
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|
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Address listed in the footer of the document.
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Relationships (2)
The USA is the 'requesting State' for a potential extradition of Ms. Maxwell.
France is the country where Ms. Maxwell might flee and from which extradition would be requested. The document discusses her French citizenship as a factor.
Full Extracted Text
Complete text extracted from the document (2,451 characters)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 14 of 30
William JULIÉ
avocat à la cour – attorney at law
avocat à la cour – attorney at law
Part II – The likely outcome of an extradition request from the United States of America to France in the case of Ms Ghislaine Maxwell
33. In this case, if an extradition request were to be transmitted by the USA against Ms Ghislaine Maxwell, the French judicial authorities would most certainly decide that she has to remain in custody given her flight from the USA and the violation of her bail terms and conditions in this requesting State.
34. Having outlined the different stages of the French extradition procedure, the second part of this opinion will examine the likely outcome of an extradition request against the person of Ms Ghislaine Maxwell, if she were to be released on bail and decided to flee from the USA to France. It will first outline the general bars to extradition (A), and then analyze the status of the protection of nationals from extradition in the French legal system and in the Extradition Treaty between the USA and France (B). It will conclude that Ms Ghislaine Maxwell’s extradition from France to the USA would not be legally barred by her French citizenship, and that it is highly unlikely, under the specific and unique circumstances of this case, that French authorities will refuse to enforce an extradition decree.
A. General bars to extradition
35. Several bars to extradition may classically be invoked before French courts, namely (i) a claim that the requested person would be at risk of human rights violations in the requesting State (with regards to the right to a fair trial and the right to be free from torture, inhumane or degrading treatment); (ii) the dual criminality rule; and (iii) a claim that the extradition request is politically motivated.
(i) Human rights bars
36. Under the case law of the French Cour de cassation, the Investigating Chamber of the Court of appeal must consider allegations of human rights violations pertaining to the conditions of trial and detention in the requesting State¹⁵. These claims center on the right to a fair trial (Article 6 ECHR)¹⁶ and the right to be free from torture, inhumane
¹⁵ Cass. Crim., 26 March 2019, nNo. 19-81731.
¹⁶ Einhorn v. France, 16/10/2001, Application No. 71555/01.
¹⁶ Einhorn v. France, 16/10/2001, Application No. 71555/01.
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
www.wjavocats.com - palais C1652
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DOJ-OGR-00002138
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