Extradition Law

Total Page：16

File Type：pdf, Size：1020Kb

France: Extradition Law August 1998 LL File No. 1998-3065 LRA-D-PUB-000265 The Law Library of Congress, Global Legal Research Directorate (202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov This report is provided for reference purposes only. It does not constitute legal advice and does not represent the official opinion of the United States Government. The information provided reflects research undertaken as of the date of writing. It has not been updated. LAW LIBRARY OF CONGRESS 98-3065 FRANCE Extradition of nationals Unless otherwise provided by bilateral treaties, France does not extradite its nationals. Article 3.1 of the extradition law dated March 10, 1927,1 states the general principle of non-extradition of nationals. Extradition will not be granted when the offender was a French national at the time of commission of the offense. The ratification by France of the European Convention on Extradition did not modify this principle because article 6.1 gives the contracting parties the right to refuse extradition of their nationals.2 Death penalty The death penalty was abolished in 1981 by Law No. 81-908 of October 9, 1981.3 Noteworthy practice French Courts prohibit the extradition of a defendant tried in absentia unless the country requesting the fugitive can guarantee a new trial upon his return. A few months ago, the United States sought the extradition of Ira Einhorn convicted in absentia for his girl friend's murder by a Pennsylvania jury in 1993. The indictment Chamber of the Court of Appeal of Bordeaux denied the extradition on the ground that he would not be retried upon his return in the United States. This decision was latter confirmed by the Cour de Cassation which is roughly the equivalent of the U.S. Supreme Court for judicial matters. Prepared by Nicole Atwill Senior Legal Specialist Western Law Division Law Library of Congress August 1998 1 C. Pr. Pen., p. 566 (Dalloz, 1995-1996). 2 Id. at 580. 3 J.O., Oct. 10, 1981, p. 2759. .

Copy Link

Recommended publications

Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents Matthew .W Henning
Boston College International and Comparative Law Review Volume 22 | Issue 2 Article 6 5-1-1999 Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents Matthew .W Henning Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Criminal Procedure Commons, and the International Law Commons Recommended Citation Matthew W. Henning, Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents, 22 B.C. Int'l & Comp. L. Rev. 347 (1999), http://lawdigitalcommons.bc.edu/iclr/vol22/iss2/6 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact nick.szydlowski@bc.edu. Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents INTRODUCTION The well-publicized Ira Einhorn story and other recent extradition cases highlight how the United States' ("U.S.") zeal to bring U.S. murder suspects to justice in America has collided with issues of human rights and state sovereignty.] In some instances the attempts at extra dition have escalated into international confrontations.2 In the Einhorn case, on December 4,1997, a French Appeals Court denied extradition to the U.S. of Ira Einhorn, a famous "hippie" guru and convicted murderer.3 The outrage felt in the U.S.
[Show full text]
Monsters and Tragedy
r " .~ Monsters and Tragedy An Honors Thesis (HONRS 499) by Carrie A. Conley Thesis Advisor Peter Davis Ball State University Muncie, Indiana May 2002 .:..C Abstract This thesis is a collection of recorded songs written for the bands Blacklisted and Love on the Run. The purpose of this project was to explore the songwriting process, with the primary goal being to record these songs as well as perform them to a live audience. While I take credit for the songwriting, all the songs are really products of collaboration-the result of working in a group setting. The songs reflect my interests in modem society, particularly true crime, pop culture, and the absurd. With the help of MET, TCOM, and music students, I recorded seventeen songs, which were written over the course of two years. I participated in a music video made by TCOM student Aaron Smith for his honors thesis and recorded four different song collections with a total of three different Ball State students. Both Blacklisted and Love on the Run participated in the annual Springboard Festival held April 20, 2002 at faculty member Jim Coffin's farm, and Blacklisted participated in the Women in the Arts Festival in March 2002. During the 2001-2002 school year, Blacklisted and Love on the Run played shows in Fort Wayne, Valparaiso, Aurora, Muncie, Anderson, and Marion, Indiana. Blacklisted in Fort Wayne, Indiana Acknowledgments I would like to thank Peter Davis for plunging into this project with me and inspiring me to listen to Alex Chilton. Thanks also to Aaron Smith for recording Blacklisted (even if it was for his honors thesis), Artie Hill for devoting a month's worth of Thursdays to recording in Joy's garage, Maria Yates for making Love on the Run a tangible commodity, Joy Gerwe and Kyle Johnson for allowing Blacklisted to practice in their garage, Joy, Jill, Irene, and Lisa for showing up to practice and making band-time, fun-time.
[Show full text]
Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents Matthew .W Henning
Boston College International and Comparative Law Review Volume 22 | Issue 2 Article 6 5-1-1999 Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents Matthew .W Henning Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Criminal Procedure Commons, and the International Law Commons Recommended Citation Matthew W. Henning, Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents, 22 B.C. Int'l & Comp. L. Rev. 347 (1999), http://lawdigitalcommons.bc.edu/ iclr/vol22/iss2/6 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact nick.szydlowski@bc.edu. Extradition Controversies: How Enthusiastic Prosecutions Can Lead to International Incidents INTRODUCTION The well-publicized Ira Einhorn story and other recent extradition cases highlight how the United States' ("U.S.") zeal to bring U.S. murder suspects to justice in America has collided with issues of human rights and state sovereignty.] In some instances the attempts at extra dition have escalated into international confrontations.2 In the Einhorn case, on December 4,1997, a French Appeals Court denied extradition to the U.S. of Ira Einhorn, a famous "hippie" guru and convicted murderer.3 The outrage felt in the
[Show full text]
Reforming the Incarceration Nation
Reforming the CAN WE BALANCE SOCIAL JUSTICE WITH LEGAL JUSTICE? Incarceration Nation Norm R. Allen, Jr. marily on legal justice are often unconcerned with—and, in bout two million people are currently incarcerat- some cases, opposed to—social justice. ed in the United States, a fact from which various But why must legal justice and social justice be mutually A observers have drawn widely varied inferences. exclusive? Why should people's politics determine the kinds of Some believe that, because a disproportionately high number justice they will support or oppose? It is only fair—indeed, of prisoners are poor African Americans and Latinos, the just—that people strive for a single standard of justice when- "prison/industrial complex" is part of a racist conspiracy to ever the subject of justice arises. oppress non-Whites and to further enrich the wealthy. Others, unconcerned about the huge prison population, simply accept INCARCERATION AND RACE that large numbers of criminals require large numbers of pris- A principal consequence of America's War on Drugs has been ons to contain them—regardless of the criminals' background a sharp increase in the U.S. prison population. During the or color. People whose main concern is social justice often Reagan and Bush administrations of the 1980s, Congress have little interest in—and may even oppose—efforts to bring established harsher penalties for drug dealers and gave about strictly legal justice. Meanwhile those who focus pri- broader powers to law enforcement. The government spent billions to combat the drug scourge. In 1986, Congress man- Norm R. Allen, Jr.
[Show full text]
World Law Bulletin, August 2001
WLB 2001.08, August 2001 WORLD LAW BULLETIN Law Library Site: Http: www.loc.gov/law/congress (Log on for full World Law Bulletin text) Highlights: Campaign Finance Reform – Russian Federation Embryo Research – France Human Trafficking – Lithuania Internet & Copyright Infringement – Germany, Taiwan PLUS: NEW FOREIGN LAW ISSUE BRIEFS: Capital Punishment in Foreign and International Law Health Care–Recent Legal Developments in Japan UPDATES FROM THE WTO SEE VERSO FOR FULL LISTING OF TOPICS WLB, No. 2001.08 EUROPE Czech Republic–Law against defacers of property France–Embryo research The WORLD LAW Georgia–Tax reforms BULLETIN: a monthly Germany–Internet and copyright infringements awareness service prepared by the Staff Lithuania–Measures to stop human trafficking of the Law Library of Congress. Russia–Campaign finance reform Editors: Constance Axinn Johnson and –Land reform Wendy I. Zeldin. For more information or research tailored to your needs, call SOUTH PACIFIC the Directorate of Legal Research Australia–Law online at: 7-LAWS or fax: 7-1820. –Subsidized Viagra? The Bulletin and information on Law Library services for Congress can be INT’L LAW & ORGANIZATIONS found online: China/Russia–Friendship treaty http://lcweb.loc.gov/law/congress China/US, EU–WTO-related agreements reached GUUAM Agreement formalized GLIN: The Global Legal Information Network, a primary source of authentic legal information serving congressional PLUS: Law Library product listings & a foreign research needs, is accessed bibliography of items from the United Kingdom through the Internet at: available through the Law Library. http://www.loc.gov/glin. Law Librarian of Congress and GLIN Feature: Director General: Rubens Medina, tel.: 7-5065 ! WTO–update Table of Contents The Law Library of Congress ~ serving the U.S.
[Show full text]
Extradition Practices Between the United States and Europe, 68 Brook
Brooklyn Law Review Volume 68 Issue 4 Symposium: Article 11 Responsiblilty & Blame: Psychological & Legal Perspectives 6-1-2003 The ideW ning of the Atlantic: Extradition Practices Between The nitU ed States and Europe Keyle M. Medley Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Keyle M. Medley, The Widening of the Atlantic: Extradition Practices Between The United States and Europe, 68 Brook. L. Rev. 1213 (2003). Available at: https://brooklynworks.brooklaw.edu/blr/vol68/iss4/11 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. NOTE THE WIDENING OF THE ATLANTIC: EXTRADITION PRACTICES BETWEEN THE UNITED STATES AND EUROPE* When American soldiers entered Afghanistan after the September 11, 2001 terrorist attacks, the press questioned what the criminal process would be if foreign forces captured alive key members of the Al Qaeda terrorist organization. Popular sentiment in Europe stirred about this issue, particularly after the British government committed ground forces in the campaign to topple the Taliban government in Afghanistan.' Many Europeans wondered what British forces would do if they captured terrorists alive. Most observers feared that the Americans would try key plotters of the attacks and seek the death penalty.2 British law, however, forbids extradition of anyone facing the death penalty.3 British Defense Secretary Geoff Hoon thus originally announced that Britain would hand no one, not even Al Qaeda © 2003 Kyle M. Medley. All Rights Reserved. The British, as well as the rest of Europe, have a particular interest in and concern with the September 11 attacks.
[Show full text]
In the United States District Court for the Eastern District of Pennsylvania ______Ira S
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ IRA S. EINHORN, : Petitioner, : : v. : CIVIL ACTION NO. 15-2139 : : KENNETH CAMERON, et al., : Respondents. : MEMORANDUM OPINION Magistrate Judge Marilyn Heffley has issued a Report and Recommendation (“R&R”), recommending that the Court deny pro se Petitioner Ira Einhorn’s habeas petition. No objections have been filed. After careful and independent review, the Court will approve and adopt the R&R and deny the petition.1 I. BACKGROUND In October 2002, after absconding to Europe and evading authorities for sixteen years, Petitioner Ira Einhorn was tried by a Philadelphia jury and convicted, for a second time, of first- degree murder. According to the Commonwealth, Einhorn beat his former girlfriend to death in 1977 and hid her body in a trunk in his closet for eighteen months. Over twenty years earlier, in 1981, Einhorn fled the country after being released on bail prior to his first trial. In 1983, Einhorn was tried in absentia, found guilty, and sentenced to life imprisonment. When he was ultimately discovered by authorities in France four years later, the 1 Where objections have not been made, district courts in the Third Circuit must “give some reasoned consideration to the magistrate’s report before adopting it as the decision of the court.” Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). On August 24, 2017, Petitioner requested an extension of time to file objections to the R&R. The Court granted this extension, and also granted two further extensions of time. On December 12, 2017, the Court notified Petitioner that he could file objections on or before January 12, 2018, but would not be provided with further extensions of time.
[Show full text]
Notes Extradition Or Execution?
FINS10FI.DOC 5/31/04 12:49 PM NOTES EXTRADITION OR EXECUTION? POLICY CONSTRAINTS IN THE UNITED STATES WAR ON TERROR JAMES FINSTEN* I. INTRODUCTION On February 19, 2003, a court in Hamburg, Germany convicted Moroccan national Mounir Motassadeq of over 3000 counts of accessory to murder in connection with the attacks of September 11, 2001. Motassadeq stood accused of being a member of the Hamburg terrorist cell that plotted and executed the hijacking of U.S. aircraft and subsequent attacks on the World Trade Center and Pentagon.1 He was convicted in a Hamburg higher regional court and sentenced to the maximum term of fifteen years in prison. 2 Motassadeq’s was the first conviction related to the September 11 attacks in any jurisdiction. On March 4, 2004, a German appellate court vacated this conviction and ordered a new trial after Motassadeq’s lawyers successfully argued that the U.S. government withheld potentially exculpatory evidence during the * Class of 2004, University of Southern California Law School; A.B., A.M. 1998, Public Policy, International Policy Studies, Stanford University. I would like to thank my parents for their love, support, and interest in this topic; my advisor, Edwin Smith, for his suggestions and seminar on the Law of Future/Contemporary Warfare; and the staff and editors of the Southern California Law Review for their hard work and dedication to legal scholarship. 1. Press Release, German Embassy, Washington, D.C., First Charges Filed Against 9/11 Subject in Germany (Aug. 29, 2002), at http://www.germany-info.org/relaunch/politics/new /pol_terror_indictment2.htm.
[Show full text]
Notes of a Fringe-Watcher
MARTIN GARDNER Notes of a Fringe-Watcher The Unicorn at Large TRANGE as it may seem, radical In 1964, Einhorn taught English for Spolitical views, both left and right, a year at Temple University, in Phila- often go hand in hand with beliefs in delphia, but his teaching style was too pseudoscience and the occult. In Phila- unconventional and the post was not delphia, throughout the sixties and renewed. In 1967 he sponsored the city's seventies, the most prominent person to first Be-In. While emceeing the city's have his feet firmly planted both in the Earth Day in 1970, which he also student leftist counterculture and in the organized, he startled U.S. Senator Ed rising New Age obsessions was Ira Muskie, in front of television cameras, Einhorn. This is an account of how his by kissing him on the mouth. life turned into a horror movie.* In 1971, Ira ran for mayor in the Einhorn, or "the Unicorn," as he liked Philadelphia Democratic primary on the to call himself for obvious reasons, was Planetary Transformation ticket and got born in Philadelphia in 1940 to working- 965 votes. Philadelphia newspapers loved class Jewish parents. When he graduated him and covered his many lectures, from the University of Pennsylvania with calling him the city's "counterculture a degree in English, he was a large, muscu- mayor," its "local guru," and its "oldest lar, slightly pudgy young man with pink hippie." cheeks, fierce blue eyes, a scruffy beard, For years Einhorn ran an interna- and long dark hair that he often wore tional information network of some 350 tied in a pony tail.
[Show full text]
The Blue Planet
Embedded in Bayer’s argument about the power of international law THE BLUE PLANET enforcement networks is a powerful critique of the intelligence estab- INFORMAL INTERNATIONAL POLICE NETWORKS lishment and its approach to countering terrorism. Bayer identifi es the AND NATIONAL INTELLIGENCE mismatch of an intelligence strategy that is founded on a Cold War model which fails to distinguish security risks posed by states from threats THE BLUE PLANET MICHAEL BAYER posed by terrorists. Jacqueline Ross Professor of Law University of Illinois Institutionally, it is clear that the “war on terror” bolstered the military approach to counterterrorism at the expense of other and alternative methods, including those devised by law enforcement. As the careful and sensitive study of Michael Bayer shows, however, law enforcement institutions are not only useful but oftentimes indispensible in countering the terrorist threat of today. MICHAEL D. BAYER Mathieu Defl em Associate Professor Department of Sociology, University of South Carolina On the basis of his rich experience, Mike Bayer argues in an authoritative and persuasive manner that the control of transnational organised crime and terrorism can only be successful if informal information exchange is acknowledged as a necessary asset which can complement formal law enforcement bureaucracies. Monica Den Boer Academic Dean Police Academy of the Netherlands Visit the NDIC Press at www.ndic.edu NDIC PRESS PCN18507 GPO 008-000-01036-6 NATIONAL DEFENSE INTELLIGENCE COLLEGE Th e Blue Planet Informal International Police Networks and National Intelligence Michael D. Bayer NDIC Research Fellow NATIONAL DEFENSE INTELLIGENCE COLLEGE WASHINGTON, DC February 2010 The views expressed here are those of the participants and do not refl ect the offi cial policy or position of any branch of the U.S.
[Show full text]
Extradition Practices Between the United States and Europe, 68 Brook
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Brooklyn Law School: BrooklynWorks Brooklyn Law Review Volume 68 Issue 4 Symposium: Article 11 Responsiblilty & Blame: Psychological & Legal Perspectives 6-1-2003 The ideW ning of the Atlantic: Extradition Practices Between The nitU ed States and Europe Keyle M. Medley Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Keyle M. Medley, The Widening of the Atlantic: Extradition Practices Between The United States and Europe, 68 Brook. L. Rev. 1213 (2003). Available at: https://brooklynworks.brooklaw.edu/blr/vol68/iss4/11 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. NOTE THE WIDENING OF THE ATLANTIC: EXTRADITION PRACTICES BETWEEN THE UNITED STATES AND EUROPE* When American soldiers entered Afghanistan after the September 11, 2001 terrorist attacks, the press questioned what the criminal process would be if foreign forces captured alive key members of the Al Qaeda terrorist organization. Popular sentiment in Europe stirred about this issue, particularly after the British government committed ground forces in the campaign to topple the Taliban government in Afghanistan.' Many Europeans wondered what British forces would do if they captured terrorists alive. Most observers feared that the Americans would try key plotters of the attacks and seek the death penalty.2 British law, however, forbids extradition of anyone facing the death penalty.3 British Defense Secretary Geoff Hoon thus originally announced that Britain would hand no one, not even Al Qaeda © 2003 Kyle M.
[Show full text]
The European Tendency Toward Non-Extradition to the United States in Capital Cases: Trends, Assurances, and Breaches of Duty
University of Miami International and Comparative Law Review Volume 10 Issue 1 The University of Miami-University of Leipzig Bi-National Conference in Leipzig May 16-20, 2001 UNITED STATES VS. EUROPEAN Article 9 UNION: TRASATLANTIC DEBATE ON ISSUES CLOSE TO HOME 10-1-2002 The European Tendency Toward Non-Extradition to the United States in Capital Cases: Trends, Assurances, and Breaches of Duty Robert Gregg Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Robert Gregg, The European Tendency Toward Non-Extradition to the United States in Capital Cases: Trends, Assurances, and Breaches of Duty, 10 U. Miami Int’l & Comp. L. Rev. 113 (2001) Available at: https://repository.law.miami.edu/umiclr/vol10/iss1/9 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact library@law.miami.edu. The European Tendency Toward Non-Extradition to the United States in Capital Cases: Trends, Assurances, and Breaches of Duty Robert Gregg* I. Introduction In the wake of cases such as Soering v. United Kingdom, In Re Venezia, and the United States' pending request of France for the extradition of James Kopp, the topic of European nations' treaty obligations to extradite to the U.S. in capital cases has become increasingly contentious and problematic.
[Show full text]