14-MAY-1992 10:41
BRITISH EMBASSY PARIS
'92-05-14 00:05 CLIFFORD CHANCE PARIS 1 44055200
16 1 42 66 91 42
P.02
P. 10/10
The assessment made on this issue by the judicial authorities can not therefore be changed.
b) This analysis is also applicable to the statement whereby "two of the remaining alleged offences (n° 5 and 9) do not constitute offences in French taw".
The question whether a given hehaviour to a criminal offence under French law is of the exclusive jurisdiction of the criminal courts. The rule is no less than a fundamental principle recognised by the laws of the Republic.
Thus, even supposing that the assessment of the "Chambre d'accusation" on this issue may be discussed, it is not possible for the government to substitute its own assessment. The error seems manifest in this respect as well. Indeed, Mr. Saniman himself had not considered that the favourable advice of the "Chambre d'accusation" was disputable in this resnant, and he did not submit any argument of that type to the Criminal Chamber of the "Cour de cassation" when he lodged a recourse.
All these reasons. and the prejudice that a nefusal to extradite would cause, prompt the requesting State to request the French government to proceed with a new examination of the file.
If such reexamination was the source of hesitation. and if it was then appropriate to consider alternative solutions, the requesting State indicates that, to the extent of the possibilities that are reasonably open, it would see no objections.