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765 KB
Extraction Summary
4
People
9
Organizations
3
Locations
3
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
765 KB
Summary
This legal document argues against a defense submission by asserting that French law and practice systematically prohibit the extradition of French nationals to the United States. It refutes the defense expert's claim of no precedent by citing the 2006 case of Hans Peterson, a dual U.S.-French citizen who confessed to murder in the U.S. but was shielded from U.S. law enforcement by France. The document concludes that any anticipatory waiver of extradition by the defendant would be unenforceable in French courts.
People (4)
| Name | Role | Context |
|---|---|---|
| Hans Peterson | American citizen and French national |
Cited as an example of a dual citizen who confessed to murder in the U.S., but whose extradition was refused by France.
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| Durbin | Senator (implied) |
Mentioned in a citation for a press release urging the French Justice Minister to ensure justice in the Hans Peterson...
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| Schakowsky | Official (implied) |
Mentioned in a citation for a press release urging the French Justice Minister to ensure justice in the Hans Peterson...
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| Emanuel |
Mentioned in the title of a cited press release: 'Durbin, Schakowsky, Emanuel Urge French Justice Minister...'
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Organizations (9)
| Name | Type | Context |
|---|---|---|
| European Union | supranational organization |
Mentioned as a collection of countries from which the United States is distinct.
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| MOJ | government agency |
Identified as the French Ministry of Justice, cited regarding the French Code of Criminal Procedure and in a letter t...
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| American judicial authorities | government agency |
Mentioned as the entity to which France systematically refuses to grant extradition of French nationals.
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| French courts | government agency |
Mentioned as not recognizing an anticipatory waiver of extradition.
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| French authorities | government agency |
Mentioned in the context of extradition requests and Hans Peterson turning himself in.
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| U.S. law enforcement | government agency |
Mentioned as being unable to reach Hans Peterson in France.
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| OIA | government agency |
Mentioned as having made repeated requests regarding Hans Peterson.
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| French government | government |
Recipient of a letter from U.S. Senators in 2008.
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| Department of | government agency |
Mentioned as the recipient of a letter from the MOJ. The full name is cut off but is likely the U.S. Department of Ju...
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Timeline (3 events)
2006-01-01
Hans Peterson, an American citizen and French national, turned himself in to French authorities in Guadeloupe.
Guadeloupe
2012-11-16
Durbin, Schakowsky, and Emanuel urged the French Justice Minister to ensure justice in the Hans Peterson retrial.
Locations (3)
| Location | Context |
|---|---|
|
Mentioned throughout as the country seeking extradition and where a murder was committed.
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|
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Mentioned throughout as the country refusing extradition of its nationals.
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Location where Hans Peterson turned himself in to French authorities.
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Relationships (1)
They are listed together in a citation for a press release, suggesting they are colleagues working on the same issue.
Key Quotes (3)
"absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested."Source
— French Code of Criminal Procedure (via MOJ)
(Quoted from Exhibit B to explain French law on the non-extradition of its nationals.)
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Quote #1
"general principle of non-extradition of nationals under French law, France systematically refuses to grant the extradition of French nationals to the American judicial authorities."Source
— Author of the document, summarizing Exhibit B
(Describing France's policy on extradition based on the Bilateral Extradition Treaty and French law.)
DOJ-OGR-00001162.jpg
Quote #2
"[i]n the recent past,” he is “not aware that the French authorities would have had to address the situation in which the United States sought extradition of a French citizen who was also a United States citizen. Thus, there is no precedent to draw from in that regard."Source
— The defendant’s expert
(A quote from a defense expert's report (Def. Ex. V) claiming a lack of precedent for extraditing a dual French-U.S. citizen, which the document then refutes.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,233 characters)
Case 1:17-cr-00330-AJN Document 100-2 Filed 02/18/20 Page 20 of 36
to other countries outside of the European Union, including the United States. As set forth in Exhibit B, according to the MOJ, the French Code of Criminal Procedure “absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested.” (Ex. B at 3). That the defendant is a citizen of multiple countries is of no moment. (See id.). In applying the Bilateral Extradition Treaty between the United States and France and the “general principle of non-extradition of nationals under French law, France systematically refuses to grant the extradition of French nationals to the American judicial authorities.” (Id. at 4). Thus, contrary to the suggestion of the defense submission, any anticipatory waiver of extradition would not be effective under French law, and would not be recognizable by French courts in any extradition process, or otherwise enforceable.
The defendant’s expert writes that “[i]n the recent past,” he is “not aware that the French authorities would have had to address the situation in which the United States sought extradition of a French citizen who was also a United States citizen. Thus, there is no precedent to draw from in that regard.” (Def. Ex. V. at 2). That is not so. France has previously rejected such a request. For example, in 2006, Hans Peterson, an American citizen and French national, turned himself in to French authorities in Guadeloupe and confessed to committing a murder in the United States. Despite turning himself in to French authorities, Peterson remained beyond the reach of U.S. law enforcement despite the repeated requests of OIA and U.S. officials. See Durbin, Schakowsky, Emanuel Urge French Justice Minister To Ensure Justice Is Done During Hans Peterson Retrial (Nov. 16, 2012), https://www.durbin.senate.gov/newsroom/press-releases/durbin-schakowsky-emanuel-urge-french-justice-minister-to-ensure-justice-is-done-during-hans-peterson-retrial; see also Senators’ letter to French government (Mar. 14, 2008), https://www.nbcnews.com/id/wbna23601583 (citing a letter from the MOJ to the Department of
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DOJ-OGR-00001162
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