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D'ETAT WOULD BE ON PURELY LEGAL GROUNDS; THE DECISION OF MEHAIGNERIE NOT TO OVERTURN THE PREVIOUS JUSTICE MINISTER'S POSITION WOULD NOT BE A FACTOR.
GAEREMYNCK SAID THAT THE FORMAL SESSION OF THE CONSEIL D'ETAT WOULD GO AHEAD ON 8 OCTOBER. THERE WERE THREE POSSIBLE OUTCOMES:
(A) THE CONSEIL D'ETAT DECIDES IN OUR FAVOUR. THE MINISTRY OF JUSTICE WOULD AUTOMATICALLY AND IMMEDIATELY PREPARE AN EXTRADITION DECREE, FOR SIGNATURE BY MEHAIGNERIE AND PRIME MINISTER BALLADUR. SANIMAN WOULD NO DOUBT APPEAL (TO THE CONSEIL D'ETAT), BUT THE CONSEIL D'ETAT WOULD BE MOST UNLIKELY TO REVERSE ITS EARLIER DECISION.
(B) THE CONSEIL D'ETAT DECIDES AGAINST US. WE WOULD HAVE EXHAUSTED THE APPEAL PROCESS. WE WOULD HAVE TO ACCEPT THAT THE CASE WAS CLOSED.
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(C) THE CONSEIL D'ETAT DECIDES THAT THE CASE IS INADMISSIBLE. THE CASE WOULD RETURN TO MEHAIGNERIE. FOLLOWING THE SOLICITOR GENERAL'S VISIT TO PARIS IN JULY, HE WAS WELL AWARE OF OUR POLITICAL CONCERNS. MEHAIGNERIE WOULD DO HIS UTMOST TO HELP US, OVERTURNING IMPLIED GAEREMYNCK THE DECISION OF HIS PREDECESSOR AGAINST EXTRADITION. MEHAIGNERIE WAS READY TO DECIDE IN OUR FAVOUR IF THE LEGAL POINT (PARA 3B ABOVE) COULD BE RESOLVED. SANIMAN WOULD PROBABLY APPEAL TO THE CONSEIL D'ETAT, WHO WOULD DECIDE THE CASE ON ITS LEGAL MERITS. (COMMENT: THE RESULT WOULD BE LESS CLEAR CUT THAN IN PARA 4A ABOVE).
5. GAEREMYNCK ASKED US FOR DETAILS OF ANY PRECEDENTS OF SUCCESSFUL FRENCH APPEALS IN BRITAIN, IN PARTICULAR ON EXTRADITION CASES. WE SHALL TELL HIM (TELECON RYCROFT/PARKER, LEGAL ADVISERS) THAT THERE ARE NONE, BUT THAT THERE IS NO REASON WHY A STATE SHOULD NOT APPEAL, THROUGH JUDICIAL REVIEW.
COMMENT
6.
GAEREMYNCK'S INDICATION (PARA 4C ABOVE) OF MEHAIGNERIE'S SUPPORT IF THE CASE REVERTS TO HIM IS NEW. SO IS THE AUTOMATICITY OF PARA 4A. THEY ARE DIRECT RESULTS OF THE SOLICITOR GENERAL'S VISIT.
7.
GAEREMYNCK, AS THE NUMBER 2 ON MEHAIGNERIE'S STAFF, IS IMPORTANT (HE IS RESPONSIBLE FOR ALL EXTRADITION AND OTHER INTERNATIONAL AFFAIRS) AND INFLUENTIAL. HE TOLD ME THAT MEHAIGNERIE HIMSELF HAD TAKEN THE DECISION NOT TO INTERVENE BEFORE THE CASE REACHED THE CONSEIL D'ETAT.
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