TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 70

23-APR-1993 16:27

BRITISH EMBASSY PARIS

16 1 42 66 91 42

P.15

12

requests for extradition and the refusal to extradite are so intertwined with the international

relations that the request for extradition are, in compliance with most existing treaties, forwarded

through diplomatic channels; and this is indeed the case for the extradition treaty of 14th August

1876 between France and Cireat Britain (published in France by a Decree of 9th April 1878 (see

Article 6 of the treaty).

In the absence of any precadent of a recourse of a government, one can underline that it was already decided in a decision of 26th July 1983 (Mrs Solis Estarita, Rec. p. 230), that the communications exchanged between the French government and a foreign government in respect

of a request for extradition cannot be separated from the international relations of France.

this reason a recourse marie by the victim of an offence against a note verbale sent by the Minister of Foreign Affair, to the Embassy of Coiomnia in France, notifying the Colorminiai--

authorities which had presented a request for extradition of one of their nationals, of the intention

of the [French] government to enforce in priority a decree by which the extradition had been

granted for the benefit of the government of the United States of America was said not to be

entertainable.

It seems that one can transpose the solution to the recourse made by a foreign State against a

decision refusing to extradi e.

It is in vain that the recourse raises the case law of the Consell d'Etat which, since its decision

of 28th May 1937 (Decere. Rec. p.334), acknowledges that it has jurisdiction to decide on a

recourse made against the decree of extradition by the person who is the subject of that decres

(Conseil d'Etat 24 June 1977, Astudiollo Callejas, Res. p. 490; Consell d'Etat 30 May 1952,

Dams Kirkwood. Rec. 291; 24 June 1977. Astudiollo Callejas. Rec. p. 290; Consell d'Etat

13 October 1982, Piperno, Quotidien Juridique 4 May 1983 p. 3; Consell d'Etat 17 May 1991.

Moubarak, Req. no. 119 p. 102). The recourse of an individual against a decree of extradition