DOJ-OGR-00001202.jpg
812 KB
Extraction Summary
1
People
4
Organizations
4
Locations
3
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
812 KB
Summary
This legal document, authored by French lawyer William Julié on December 18, 2020, is a response to a U.S. government memorandum concerning a defendant's release. Julié critiques the U.S. government's reliance on a letter from the French Minister of Justice, arguing it misinterprets French extradition law by ignoring the supremacy of international treaties, such as the extradition treaty between the USA and France, over domestic statutes. The core argument is that France may indeed be able to extradite its own citizens under these treaties, contrary to the U.S. government's position.
People (1)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR |
Author of the document, providing a legal analysis.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| French Minister of Justice | Government agency |
Author of a letter dated December 11, 2020, regarding French extradition policy, which is being analyzed in this docu...
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| United States government | Government |
The recipient of the French Minister of Justice's letter and the author of a memorandum to which this document is a r...
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| European Union | Supranational organization |
Mentioned in the context of France's extradition policies for its citizens.
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| WJ Avocats | Company |
Implied to be William Julié's law firm from the email address (wj@wjavocats.com) and website (www.wjavocats.com) in t...
|
Timeline (3 events)
2004-03-11
The French Ministry of Justice published an administrative circular specifying how amended legal provisions regarding extradition should be applied.
France
French Ministry of Justice
2020-12-11
The French Minister of Justice sent a letter to the US government concerning extradition.
France
2020-12-18
William Julié authored a response to the US government's memorandum regarding a defendant's motion for release.
Paris
Locations (4)
| Location | Context |
|---|---|
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The location where the document was written, as indicated in the date line.
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A party in the extradition matter, also referred to as the USA.
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The country whose extradition laws and constitutional rules are the subject of the document.
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The address of William Julié's law firm, listed in the footer.
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Relationships (2)
The document is a "Response to the government's memorandum in opposition to the defendant's renewed motion for release," indicating Julié is legally representing the defendant.
The document describes a letter sent from the French Minister of Justice to the US government regarding a legal matter (extradition).
Key Quotes (3)
"any person not having French nationality"Source
— French Code of Criminal Procedure (Article 696-2)
(Quoted from the French Minister of Justice's letter to explain the provision that France can extradite non-nationals.)
DOJ-OGR-00001202.jpg
Quote #1
"In the absence of an international agreement stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this chapter¹. These provisions shall also apply to matters which would not have been regulated by international conventions"Source
— French Code of Criminal Procedure (Article 696)
(Cited to argue that the code's provisions on extradition only apply when no international agreement exists, implying such agreements take precedence.)
DOJ-OGR-00001202.jpg
Quote #2
"Treaties or agreements that have been duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party"Source
— French Constitution (Article 55)
(Cited to establish the legal principle in France that international treaties prevail over national legislation.)
DOJ-OGR-00001202.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (3,056 characters)
Case: 20-cr-700330-A Document 1030-21, Filed 12/23/20, Page 1 of 4
WILLIAM JULIÉ
AVOCAT À LA COUR
AVOCAT À LA COUR
December 18, 2020, Paris.
Response to the government's memorandum in opposition to the defendant's renewed motion for release.
I was asked to review the United States government's memorandum and notably pages 15 to 17 alongside the French Minister of Justice's letter dated 11 December 2020 produced as Exhibit B to this memorandum.
1 The French Minister of Justice's letter (Exhibit B)
The letter of the French Minister of Justice, on which the US government relies to argue that the French government does not extradite its citizens outside the European Union and thus to the United States, quotes Article 696-2 of the French Code of Criminal Procedure, which provides that France can extradite "any person not having French nationality".
It remains unclear whether the author of such letter had actually access to my opinion which is not even quoted, and more generally it seems the letter responds to a question which unexpectedly was not disclosed.
The letter fails to mention, however, that Article 696 of the same Code provides that provisions of the French Code of Criminal Procedure on the conditions of extradition apply in the absence of an international agreement providing otherwise (Article 696 of the French Code of Criminal Procedure: "In the absence of an international agreement stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this chapter¹. These provisions shall also apply to matters which would not have been regulated by international conventions"). The provisions of Article 696 of the French Code of Criminal Procedure are a reminder that under Article 55 of the French Constitution, international agreements prevail over national legislation (Article 55 of the French Constitution: "Treaties or agreements that have been duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party"). It follows from these provisions that the key question is whether France may extradite a French national under the Extradition Treaty between the USA and France and/or under the Extradition Treaty between the European Union and the USA, not whether France extradites its citizens under French legislation.
In accordance with this French constitutional rule, the administrative circular of 11 March 2004, published by the French Ministry of Justice, which aims at specifying how the then recently amended legal provisions regarding extradition should apply and be understood, states the following: "Article 696 of the Code of Criminal Procedure reaffirms this principle of
¹ The relevant chapter includes Articles 696-1 to Article 696-47-1 of the French Code of Criminal Procedure, and thus includes Article 696-2.
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-00001202
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