'MAY 14 '92 20:04 CLIFFORD CHANCE HK 852 8104789
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124. We discussed the question of period of limitations and he told me that perhaps a note to him on this matter would assist him. He said that he had some difficulty with the bribery charges. As far as he was concerned there was no such offence in France as private sector corruption. It was clear that M. De Touzalin was not familiar with the case and in fact did concede that he only received the file from the Procurer Général yesterday. After initial discussion it became clear to me that M. De Touzalin misunderstood the role of the Court in a requested country regarding a foreign state extradition. He seemed very concerned to compare the foreign charge as particularised with the law in France to ascertain whether or not the offences were extraditable. He did not think he had to review the conduct (1.e. the evidence) for the purposes of this exercise.
125. I came away from this meeting very concerned and discussed with M. Robert the possibility of our engaging an extradition specialist and the possibility of intervening in the proceedings. I was concerned Saniman was represented by Stasi and, in the circumstances, given the history of the matter, the Court should be fully informed and have an opportunity to digest the documentation. M. De Touzalin appeared to want to dispose of the matter quickly and rush it on. I was worried that we would that would result in another decision based on the misconception of the facts. Given the Inquisitorial nature of the proceedings it was essential that the Court be in control of the facts so as to avoid being misled by the defence Counsel, as indeed they were on the first occasion.
The Preparation And Delivery Of Note for Procurer Général For the Hearing In the Chambre D'Accusation De Versailles
126. On the 15th of June 1990 I spoke with Dominic Robert, emphasising the history of this matter and my concern that if it was rushed on neither the Court nor the Advocat Général would be properly briefed nor could they possibly understand the documentation. Given the history of this matter and