DOJ-OGR-00002143.jpg
771 KB
Extraction Summary
2
People
3
Organizations
10
Locations
4
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / legal opinion (exhibit)
File Size:
771 KB
Summary
This document is page 19 of a legal filing (Document 97-22) in the case of United States v. Ghislaine Maxwell, authored by French attorney William Julié. It provides a legal analysis of the Extradition Treaty between France and the USA, arguing that unlike other treaties (such as the European Convention on Extradition), the US-France treaty does not explicitly prohibit the extradition of French nationals. It contrasts this with treaties France holds with countries like Morocco and China, and compares it favorably to the treaty with Canada.
People (2)
| Name | Role | Context |
|---|---|---|
| William Julié | Attorney at law (Avocat à la cour) |
Author of the legal opinion/document.
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| Ghislaine Maxwell | Defendant |
Implied by Case Number 1:20-cr-00330-AJN (United States v. Ghislaine Maxwell). This document discusses extradition la...
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Council of Europe |
Organization responsible for the European Convention on Extradition 1957.
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| Department of Justice (DOJ) |
Indicated by the Bates stamp DOJ-OGR.
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| William Julié Avocats |
Law firm representing the author.
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Timeline (4 events)
Locations (10)
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|---|---|
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Subject of the extradition treaty analysis; author's location.
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Subject of the extradition treaty analysis.
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Location of William Julié's office (51, rue Ampère); location where European Convention was signed.
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Cited as having an extradition treaty with France prohibiting extradition of nationals.
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Cited as having an extradition treaty with France prohibiting extradition of nationals.
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Ratified the European Convention on Extradition.
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Ratified the European Convention on Extradition.
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Ratified the European Convention on Extradition.
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Cited as having an extradition treaty with France similar to the US treaty.
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Location where the France-Canada treaty was signed.
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Relationships (1)
Julié is writing a legal opinion attached to Maxwell's criminal case file (1:20-cr-00330).
Key Quotes (3)
"Consequently, the Extradition Treaty between France and the USA does not contain any prohibition on the extradition of nationals."Source
DOJ-OGR-00002143.jpg
Quote #1
"Extradition shall be refused when the person sought had French nationality at the time of the alleged offence"Source
DOJ-OGR-00002143.jpg
Quote #2
"Therefore, France does not surrender French citizens under the European Convention on Extradition"Source
DOJ-OGR-00002143.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,754 characters)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 19 of 30
William JULIÉ
avocat à la cour – attorney at law
William JULIÉ
avocat à la cour – attorney at law
57. If extradition is refused solely on the basis of the nationality of the person sought, Article 3(2) requires the requested State to submit the case to its authorities for prosecution, if so requested by the requesting State.
58. Consequently, the Extradition Treaty between France and the USA does not contain any prohibition on the extradition of nationals. Instead, it merely states that there is no obligation upon the requested State to grant the extradition of a person who is one of its nationals.
59. The Extradition Treaty between France and the USA must therefore be distinguished from several international agreements on extradition ratified by France, which, by contrast, contain a clear rule against the extradition of French citizens30.
60. For example, France has made the following declaration pursuant to Article 6 of the European Convention on Extradition 1957, which gives Contracting States “the right to refuse extradition of nationals”:
“Extradition shall be refused when the person sought had French nationality at the time of the alleged offence”31.
61. Therefore, France does not surrender French citizens under the European Convention on Extradition32.
62. The Extradition Treaty between France and the USA is similar to other international agreements signed by France which also do not contain a prohibition against the extradition of nationals. These are generally treaties signed with Common law jurisdictions, which do not oppose the extradition of their nationals33.
30 See, for example, the Extradition treaty between France and Morocco, or the Extradition treaty between France and China.
31 See France’s instrument of ratification of the European Convention on Extradition, deposited on 10 February 1986.
32 The European Convention on Extradition 1957 is an instrument of the Council of Europe which was signed in Paris on December 13th, 1957 and came into force on April 18th, 1960. The European Convention on Extradition is open to signature by non-Council of Europe States, as such it was ratified by South Africa, Israel, and the Republic of Korea. It was ratified by France on February 10th, 1986.
33 For example, the Extradition Treaty between France and Canada, signed in Ottawa on 17 November 1988, contains a similar provision to the United States Treaty: “The requested State shall not be bound to extradite its own nationals. Nationality shall be determined as of the date of the offence for which extradition is requested” (Article 3).
31 See France’s instrument of ratification of the European Convention on Extradition, deposited on 10 February 1986.
32 The European Convention on Extradition 1957 is an instrument of the Council of Europe which was signed in Paris on December 13th, 1957 and came into force on April 18th, 1960. The European Convention on Extradition is open to signature by non-Council of Europe States, as such it was ratified by South Africa, Israel, and the Republic of Korea. It was ratified by France on February 10th, 1986.
33 For example, the Extradition Treaty between France and Canada, signed in Ottawa on 17 November 1988, contains a similar provision to the United States Treaty: “The requested State shall not be bound to extradite its own nationals. Nationality shall be determined as of the date of the offence for which extradition is requested” (Article 3).
51, rue Ampère - 75017 paris - tél. 01 88 33 51 80 – fax. 01 88 33 51 81 wj@wjavocats.com - 18
www.wjavocats.com - palais C1652
DOJ-OGR-00002143
www.wjavocats.com - palais C1652
DOJ-OGR-00002143
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