TNAG-2653-FCO40-3846-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1992 — Page 10

DE: CXK/007/MEG/JPB

the political nature of the offence in question,

the political reasons of the request for extradition,

the risk of aggravation, in case of extradition, of the situation of the relevant person, because of, in particular, his actions or his political opiniona, race or religion.

Confirmed by a ministerial circular of 13th January 1983, then in a reply of the Minister of Justice to the National Assembly on 29th June 1987, the unambiguous position of the French governsant shows a sarked change: the refusal to extradite is now a decision for which reasons sust be given.

But giving reasons is not compatible with the idea of discretionary authority. Reasons sean a possible verification thereof: supplying reasons implies a control by the courts.

It is the very nature of the governmental decision relating to extradition that has changed. It is not surprising, therefore, that the above mentioned evolution should have taken place simultaneously with that of case law of the "Conseil d'Etat". Starting in 1977, then extended, affirmed and reinforced from decision to decision, existing case law subjects to the normal control of the administrative judge the decisions of the French government with respect to extradition matters.

Thus, taking into account the obligations of the French government in extradition matters, the decision of 20th March 1992 can not be maintained.

B. With respect, firstly, to the obligation to give reasons itself, the generality of the reasons put forward can only be analysed as insufficient reasons ("motivation"), which render the decision irregular as to its form.

In addition, the reasons given correspond to none of the four criteria sat forth by the French state itself. This seans, implicitly but necessarily, that no reason for refusal based on such criteria existed in the present cane.

The reasons which have been put forward are not relevant. Referring exclusively to the judicial phase of the procedure of extradition, such reasons

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