Extradition Lawyer

Yes, it is possible to challenge an extradition request in certain circumstances. An extradition request does not automatically result in the surrender of the requested person: it must comply with the applicable legal requirements, procedural safeguards and fundamental rights.

The challenge is prepared before the Investigating Chamber. It requires a thorough analysis of the case file, the applicable legal framework, the requesting State and the risks associated with the surrender.

Table of Contents

• Can extradition really be opposed?
• What are the grounds for refusing extradition?
• Fundamental rights: a key argument
• How can an extradition request be challenged before the Investigating Chamber?
• Why is a lawyer's analysis essential?
• FAQ

Can extradition really be opposed?

Extradition may be refused where the conditions laid down by French law (in particular the French Code of Criminal Procedure) or by an applicable international treaty are not satisfied.

In France, traditional extradition proceedings are governed by Articles 696 et seq. of the French Code of Criminal Procedure. For a detailed overview of the procedure, see: How does the extradition procedure work in France?

Challenging an extradition request involves more than simply refusing to be surrendered. It requires identifying one or more serious legal grounds and presenting them before the competent court.

What are the grounds for refusing extradition?

Article 696-4 of the French Code of Criminal Procedure lists several situations in which extradition cannot be granted. These grounds must be assessed in light of the case file, the alleged facts and the requested person's individual circumstances.

The main grounds for refusal include:

• the requested person was a French national at the time the alleged offence was committed;
• the offence is political in nature or the extradition request has a political purpose;
• the alleged offence was committed on French territory;
• the alleged offence has already been prosecuted and finally adjudicated in France;
• the prosecution or the sentence is time-barred under French law or the law of the requesting State;
• the penalty or measure sought is contrary to French public policy;
• the requested person risks being tried before a court that does not guarantee the rights of the defence;
• the alleged offence constitutes a military offence within the meaning of the French Code of Military Justice.

These grounds do not apply automatically and must be established with evidence. A lawyer reviews the documents provided, the applicable legal framework and all relevant material capable of supporting the defence.

Fundamental rights: a key argument

An extradition request may also be challenged on the basis of the concrete risks faced by the requested person in the requesting State. Extradition may not be appropriate where the person is at risk of being subjected to torture, inhuman or degrading treatment, detention conditions incompatible with fundamental guarantees, or proceedings that fail to respect the rights of the defence.

A general allegation of risk is not sufficient. The defence must rely on specific evidence, such as court decisions, official reports, medical records, information concerning detention conditions, and any diplomatic assurances—or lack thereof—provided by the requesting State.

Where the request comes from a country outside the European Union, the legal analysis may be even more technical. For further information, see: Extradition to a country outside the European Union: rules and legal remedies.

How can an extradition request be challenged before the Investigating Chamber?

The challenge primarily takes place before the Investigating Chamber.

The requested person may refuse to consent to extradition. In that event, the Investigating Chamber is seized without delay, and the requested person appears before it under the conditions laid down by the French Code of Criminal Procedure.

The Investigating Chamber examines the validity of the requesting State's extradition request, the legal conditions governing extradition, and the arguments raised by the defence.

The defence may file written submissions, produce documentary evidence and present oral arguments at the hearing.

To better understand this stage of the proceedings, see: The Investigating Chamber and extradition: what is its role?

Key takeaway

Contester une extradition suppose d’agir rapidement. Les délais de comparution sont courts, et les arguments doivent être préparés avant l’audience.

Why is a lawyer's analysis essential?

Every extradition case depends on numerous factors, including the requested person's nationality, the date of the alleged offence and any limitation periods, the legal classification of the offence, the applicable international treaty, the guarantees provided by the requesting State, the person's individual circumstances and the concrete risks involved.

A lawyer can, in particular:

• analyse the extradition request and the supporting documents;
• determine whether any grounds for refusing extradition exist;
• prepare written submissions for the defence;
• represent the requested person before the Investigating Chamber;
• organise the available legal remedies following a favourable opinion;
• apply for release where the circumstances allow.

To understand the importance of obtaining legal assistance from the earliest stages of the proceedings, see: Why consult an extradition lawyer?

Ms. Lois Pamela LESOT, a criminal defence lawyer based in Paris, practises in criminal law, criminal procedure and international criminal law. She represents requested persons in extradition proceedings, European Arrest Warrant cases and other international criminal matters.

Useful resources on extradition

• Extradition lawyer in Paris
• Extradition
• The European Arrest Warrant
• Pre-trial detention
• Police custody

FAQ: Challenging an Extradition Request

Can extradition be refused automatically?

No. Even where a ground for refusing extradition appears to exist, it must be established on a legal basis and supported by the relevant evidence. The Investigating Chamber examines the arguments in light of the case file, the applicable legal framework and the submissions made by the defence.

Does French nationality prevent extradition?

Under French law, extradition is not granted if the requested person was a French national at the time the offence for which extradition is sought was allegedly committed. This issue must be carefully verified in each individual case.

It is important, however, to verify whether any applicable international treaties apply. French nationality does not, in itself, prevent the execution of a European Arrest Warrant (EAW).

Can limitation periods prevent extradition?

Yes. Extradition may be refused if the prosecution or the sentence is time-barred under either French law or the law of the requesting State. Careful analysis of the relevant dates, any events interrupting the limitation period, and the applicable legal provisions is therefore essential.

Can extradition be challenged because of detention conditions abroad?

Yes, where the evidence establishes a serious risk of a violation of fundamental rights. However, the defence must provide concrete and individualised evidence supporting that risk.

Need to challenge an extradition request?

Are you the subject of an extradition request, or is a relative being sought by a foreign State? Contact Ms. Lois Pamela LESOT, Attorney at the Paris Bar, to assess the available grounds for challenging the request and to prepare your defence before the Investigating Chamber.

Ms. Lois Pamela LESOT
Phone: +33 6 52 02 54 42
Email: lesot@loispamelalesot.com

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