DOJ-OGR-00001184.jpg

683 KB

Extraction Summary

1
People
6
Organizations
2
Locations
3
Events
1
Relationships
3
Quotes

Document Information

Type: Legal correspondence / official statement / court exhibit
File Size: 683 KB
Summary

This document is a formal statement from Philippe Jaeglé of the Office for the International Mutual Assistance in Criminal Matters, explaining that under Article 3 of the 1996 Bilateral Extradition Treaty and French law, France refuses to extradite its nationals to the United States. It clarifies that while France extradites nationals within the EU due to political integration and shared human rights standards (European arrest warrant), it has never deviated from the non-extradition principle for countries outside the EU. The document bears a DOJ Bates stamp and a court filing header dated December 18, 2020.

People (1)

Name Role Context
Philippe Jaeglé Official / Signatory
Signed the document on behalf of the Office for the International Mutual Assistance in Criminal Matters.

Organizations (6)

Name Type Context
United States of America
Party to the extradition treaty.
France
Party to the extradition treaty; refuses to extradite nationals.
European Union
Referenced regarding the European arrest warrant and judicial area.
European Court of Human Rights
Referenced regarding international obligations.
Office for the International Mutual Assistance in Criminal Matters
The office issuing the statement.
Department of Justice (DOJ)
Inferred from Bates stamp 'DOJ-OGR'.

Timeline (3 events)

1996-04-23
Signing of the Bilateral Extradition Treaty between the United States and France.
Unspecified
2002-06-13
Framework decision on the European arrest warrant.
European Union
2004-03-09
Law transposing the framework decision on the European arrest warrant.
France

Locations (2)

Location Context
Country requesting extradition.
Country refusing extradition of nationals.

Relationships (1)

Signature block lists name under the office title.

Key Quotes (3)

"The requested State is not bound to grant the extradition of any of its nationals"
Source
DOJ-OGR-00001184.jpg
Quote #1
"France systematically refuses to grant the extradition of French nationals to the American judicial authorities"
Source
DOJ-OGR-00001184.jpg
Quote #2
"the principle of non-extradition of nationals is a principle of extradition law from which France has never deviated outside the framework of the European Union."
Source
DOJ-OGR-00001184.jpg
Quote #3

Full Extracted Text

Complete text extracted from the document (2,191 characters)

Case 4:20-cv-07700-JSC Document 100-21 Filed 12/18/20 Page 16 of 4
Article 3 of the Bilateral Extradition Treaty signed on April 23, 1996 between the United States of America and France stipulates that “The requested State is not bound to grant the extradition of any of its nationals, but the Executive Power of the United States has the right to do so at its discretion if it deems it appropriate.”
In application of this Treaty and of 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, while the American authorities regularly agree to extradite their nationals to France.
It should be noted that the principle of non-extradition of nationals applies not only to the United States but also to all other States except the Member States of the European Union under the terms of the Law of March 9, 2004 transposing the framework decision of June 13, 2002 on the European arrest warrant, which provides that the surrender of the requested person may not be refused on the sole ground of his French nationality.
This principle of non-extradition of nationals fits into the context of the construction of the European judicial area which itself is part of a very specific process of political integration between the Member States of the European Union. This high level of political integration existing between the Member States of the European Union goes hand in hand with a certain homogeneity within these States in terms of the scale of penalties as well as in terms of adjustment of penalty methods; the member states being bound by the same international obligations (in particular the obligations arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms and from the case law of the European Court of Human Rights).
In any event, the principle of non-extradition of nationals is a principle of extradition law from which France has never deviated outside the framework of the European Union.
Office for the International Mutual Assistance in Criminal Matters
Philippe JAEGLÉ
[signature]
DOJ-OGR-00001184

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