103-01.pdf
- Type
- pdf
- Source set
- house-oversight-doj
- Pages
- 4
- Text status
- Searchable text available
- OCR confidence
- 0.9457768124535346
Original source
Extracted text
Case 1:20-cr-00330-AJN Document 103-1 Filed 12/23/20 Page 1 of 4 Exhibit A DOJ-OGR- 00002222
Case 1:20-cr-00330-AJN Document 103-1 Filed 12/23/20 Page 2 of 4 WILLIAM JULIE AVOCAT A 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 1s 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: “/n the absence of an international agreement stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this chapter'. 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 hav…
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