DOJ-OGR-00001268.jpg
666 KB
Extraction Summary
1
People
6
Organizations
3
Locations
3
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / attorney opinion letter (exhibit)
File Size:
666 KB
Summary
This document is page 4 of a legal filing (Exhibit 120-2) authored by attorney William Julié. It outlines legal arguments regarding extradition requests between the United States and France, specifically focusing on the 'nationality protection' clause in the 1996 Extradition Treaty and the French Code of Criminal Procedure. The text argues that extradition should not be granted if the person sought holds French nationality at the time of the offense.
People (1)
| Name | Role | Context |
|---|---|---|
| William Julié | Attorney at Law / Avocat à la Cour |
Author of the legal document arguing regarding extradition laws.
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Organizations (6)
| Name | Type | Context |
|---|---|---|
| William Julié Avocats |
Law firm located in Paris
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| Ministry |
Likely the French Ministry of Justice, whose interpretation of the law is being challenged.
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| United States of America |
Party to the extradition treaty.
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| France |
Party to the extradition treaty.
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| European Union |
mentioned in footnote regarding international treaties.
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| DOJ |
Department of Justice (indicated in Bates stamp DOJ-OGR).
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Timeline (3 events)
Locations (3)
| Location | Context |
|---|---|
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Address of William Julié's law firm.
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Location where the US-EU Extradition Agreement was signed.
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Location where the Instrument Amending the Treaty was signed.
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Relationships (1)
Julié argues that 'the Ministry’s interpretation goes against the letter of the law.'
Key Quotes (3)
"First, the Ministry’s interpretation goes against the letter of the law."Source
DOJ-OGR-00001268.jpg
Quote #1
"There is no obligation upon the Requested State to grant the extradition of a person who is a national of the Requested State"Source
DOJ-OGR-00001268.jpg
Quote #2
"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
DOJ-OGR-00001268.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,022 characters)
Case 1:20-cr-00330-AJN Document 120-2 Filed 03/23/21 Page 4 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.
2
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-00001268
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