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THE CONSEIL D'ETAT ABOUT THE FORM OF OUR EXTRADITION REQUEST.
5.
THE FINAL SPEAKER WAS THE COMMISSAIRE DU GOUVERNEMENT (WHO IS NOTHING TO DO WITH THE GOVERNMENT). HIS ROLE IS TO RESEARCH THE CASE AND LEAD THE PRIVATE DEBATE IN THE CONSEIL D'ETAT. AFTER 40 MINUTES OF LEGAL ARGUMENT HE CONCLUDED THAT THE CASE WAS ADMISSIBLE IN THE CONSEIL D'ETAT, PRESENTING THIS AS AN ADVANCE IN THE PROVISIONS FOR JUDICIAL CONTROL OF THE CONSEIL D'ETAT. ON THE SUBSTANCE OF THE SANIMAN CASE, HE CONCLUDED IN OUR FAVOUR ON EVERY ASPECT, DESCRIBING THE JUSTICE MINISTER'S LEGAL REASONING ON THE KEY POINT (DEFINITION OF FRAUD) AS INCORRECT.
COMMENT
6. THIS IS EXCELLENT, AND SOMEWHAT SURPRISING. THE COMMISSAIRE DU GOUVERNEMENT HAS TACKLED HEAD ON THE SUBSTANCE OF THE CASE, AND HAS NOT BLINKED AT RECOMMENDING AN IMPORTANT NEW PRECEDENT THAT A FOREIGN STATE CAN APPEAL AGAINST THE FRENCH GOVERNMENT ON AN EXTRADITION CASE. THE NEXT STEP IS FOR THE CONSEIL D'ETAT TO MAKE ITS FORMAL DECISION: IT IS MEETING THIS EVENING. IT IS LIKELY FOLLOWING THE INTERVENTION OF THE COMMISSAIRE DU GOUVERNEMENT THAT THE CONSEIL D'ETAT WILL DECIDE IN OUR FAVOUR. THERE MAY WELL BE A TWO-WEEK DELAY BEFORE THE ANNOUNCEMENT, THOUGH IT IS JUST POOSIBLE THAT THIS COULD BE AS EARLY AS 11 OCTOBER. THE JUSTICE MINISTRY WOULD THEN PREPARE AN EXTRADITION DECREE.
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I ASKED GAEREMYNCK (DEPUTY DIRECTOR OF THE CABINET OF THE FRENCH MINISTER OF JUSTICE) WHEN I SAW HIM ON 7 OCTOBER (TUR) TO ENSURE THAT, IF IT LOOKED PROBABLE THAT THE CONSEIL D'ETAT WOULD FIND IN OUR FAVOUR, THE FRENCH AUTHORITIES WOULD TAKE ALL NECESSARY MEASURES TO ENSURE THAT SANIMAN DID NOT AVOID EXTRADITION BY EG FLEEING THE COUNTRY. HE TOOK NOTE. WE HAVE FOLLOWED UP WITH GAEREMYNCK THIS EVENING. HE CONFIRMED THAT HE HAD ALERTED "THE RELEVANT SERVICES." HOWEVER, THE JUSTICE MINISTRY (PUTZ, DEPUTY HEAD OF INTERNATIONAL AFFAIRS) LATER RANG TO SAY THAT THE FRENCH AUTHORITIES WERE UNABLE TO TAKE ANY MEASURES UNTIL THE CONSEIL D'ETAT HAD MADE ITS DECISION. (IT LOOKS AS THOUGH GAEREMYNCK'S REFERENCE TO "SERVICES" WAS TO DEPARTMENTS WITHIN THE MINISTRY RATHER THAN ANY POLICE AUTHORITIES.) WE THEN TOOK THIS UP WITH THE INTERIOR MINISTER'S CABINET (GUILLET, DIPLOMATIC ADVISER), WHO UNDERSTOOD OUR CONCERNS. HE SUGGESTED THAT WE WRITE TO HIM SETTING OUT THE FACTS AND OUR REQUIREMENTS. HE MIGHT THEN TRY TO:
GET THE JUSTICE MINISTRY'S AGREEMENT TO SPEED UP THE
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