DOJ-OGR-00002794.jpg
656 KB
Extraction Summary
1
People
2
Organizations
7
Locations
3
Events
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Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
656 KB
Summary
This document is page 14 of a legal filing by attorney William Julié in case 1:20-cr-00330-PAE, filed on March 23, 2021. The filing argues against an extradition request by citing the Extradition Treaty between the USA and France and the French Code of Criminal Procedure. It specifically quotes articles that protect nationals from extradition, emphasizing that nationality should be assessed at the time of the alleged offense.
People (1)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR – ATTORNEY AT LAW |
Appears as the author/filer of the document in the header.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Ministry | Government agency |
Mentioned as having an interpretation that goes against the letter of the law.
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| European Union | Supranational organization |
Mentioned in a footnote regarding an Agreement on Extradition with the United States of America.
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Timeline (3 events)
2003-06-25
The Agreement on Extradition between the United States of America and the European Union was signed.
Washington
United States of America
European Union
2004-09-30
The Instrument Amending the Treaty of 23 April 1996 between the United States of America and France was signed.
the Hague
United States of America
France
Locations (7)
| Location | Context |
|---|---|
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Party to the Extradition Treaty with France.
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Party to the Extradition Treaty with the USA.
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Mentioned in Article 3(1) of the Treaty regarding the power to surrender its own nationals.
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Location where the Agreement on Extradition between the USA and the European Union was signed.
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Location where the Instrument Amending the Treaty was signed.
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Address of the law firm of William Julié, listed in the footer.
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City of the law firm of William Julié, listed in the footer.
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Key Quotes (2)
"There is no obligation upon the Requested State to grant the extradition of a person who is a national of the Requested State, but the executive authority of the United States shall have the power to surrender a national of the United States if, in its discretion, it deems it proper to do so. The nationality of the person sought shall be the nationality of that person at the time the offense was committed"Source
— Article 3(1) of the Treaty
(Quoted to provide the text of the Extradition Treaty regarding the extradition of nationals.)
DOJ-OGR-00002794.jpg
Quote #1
"Extradition shall not be granted: 1° When the person claimed has French nationality, the latter being assessed at the time of the offense for which extradition is requested"Source
— Article 696-4 of the French Code of Criminal Procedure
(Quoted to provide the relevant French law on the non-extradition of French nationals.)
DOJ-OGR-00002794.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,027 characters)
Case 1:20-cr-00330-PAE Document 171 Filed 03/23/21 Page 14 of 18
WILLIAM JULIÉ
AVOCAT À LA COUR – ATTORNEY AT LAW
AVOCAT À LA COUR – ATTORNEY AT LAW
(ii) Nor is it supported by the spirit of the law;
(iii) Case law and precedents in fact suggest the opposite.
(iii) Case law and precedents in fact suggest the opposite.
7. First, the Ministry’s interpretation goes against the letter of the law.
8. American extradition requests are principally governed by the Extradition Treaty between the USA and France of 23 April 1996 (“the Treaty”) and the French Code of Criminal Procedure for matters not dealt with under the Treaty. ¹
9. Article 3(1) of the Treaty provides:
“There is no obligation upon the Requested State to grant the extradition of a person who is a national of the Requested State, but the executive authority of the United States shall have the power to surrender a national of the United States if, in its discretion, it deems it proper to do so. The nationality of the person sought shall be the nationality of that person at the time the offense was committed”.
10. Article 696-4 of the French Code of Criminal Procedure provides for the same rule, under similar wording:
“Extradition shall not be granted:
1° When the person claimed has French nationality, the latter being assessed at the time of the offense for which extradition is requested”
1° When the person claimed has French nationality, the latter being assessed at the time of the offense for which extradition is requested”
11. Under a literal reading of these provisions, the nationality protection only applies where French authorities are faced with an extradition request against a person who is a French national at the time of the extradition request. Both the Treaty and the French Code of
¹ Other relevant international treaties include: the Agreement on Extradition between the United States of America and the European Union signed in Washington on 25 June 2003, and the Instrument Amending the Treaty of 23 April 1996 between the United States of America and France signed in the Hague on 30 September 2004.
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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-00002794
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