DOJ-OGR-00002181.jpg
755 KB
Extraction Summary
4
People
5
Organizations
3
Locations
3
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
755 KB
Summary
This legal document argues that France's laws and practices prevent the extradition of its nationals, even if they hold dual citizenship with the United States. It refutes a 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 after turning himself in to French authorities.
People (4)
| Name | Role | Context |
|---|---|---|
| Hans Peterson | American citizen and French national |
Cited as a precedent case where he, a dual citizen, confessed to murder in the U.S. but France refused extradition af...
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| Durbin | Senator |
Mentioned as a co-author of a press release urging the French Justice Minister regarding the Hans Peterson case.
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| Schakowsky | U.S. official |
Mentioned as a co-author of a press release urging the French Justice Minister regarding the Hans Peterson case.
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| Emanuel | French Justice Minister |
Mentioned as the recipient of an urge from Durbin and Schakowsky to ensure justice in the Hans Peterson retrial.
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| European Union | political and economic union |
Mentioned as a collection of countries from which the discussion of extradition to outside countries is framed.
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| MOJ | government agency |
Interpreted as the French Ministry of Justice, cited as the source for the interpretation of the French Code of Crimi...
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| OIA | government agency |
Mentioned as making repeated requests for Hans Peterson's extradition, likely the Office of International Affairs wit...
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| French government | government |
Recipient of a letter from U.S. Senators in 2008.
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| Department of [Justice] | government agency |
Recipient of a letter from the French MOJ, implied to be the U.S. Department of Justice.
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Timeline (3 events)
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.
Guadeloupe
2008-03-14
U.S. Senators sent a letter to the French government regarding the Hans Peterson case.
Senators
2012-11-16
Durbin and Schakowsky issued a press release urging the French Justice Minister regarding the Hans Peterson retrial.
Locations (3)
| Location | Context |
|---|---|
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Mentioned as a country outside the European Union seeking extradition from France. Also where Hans Peterson committed...
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The country whose extradition laws are being discussed. It is stated that France systematically refuses to extradite ...
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The location where Hans Peterson turned himself in to French authorities.
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Relationships (1)
They are listed together as authors of a press release regarding the Hans Peterson case.
Key Quotes (2)
"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 (according to the MOJ)
(Describing the French law on the extradition of its nationals.)
DOJ-OGR-00002181.jpg
Quote #1
"[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
(Arguing that there is no precedent for the extradition of a dual French-U.S. citizen from France to the U.S.)
DOJ-OGR-00002181.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,231 characters)
Case 1:20-cr-00330-AJN Document 100 Filed 12/18/20 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-00002181
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