Extradition lawyer

A non-European Union extradition is governed by specific rules. Unlike the European Arrest Warrant, which regulates the surrender of individuals between European Union Member States, extradition to a third country is based on international treaties, bilateral agreements or, where none apply, on French domestic law.

These proceedings are often highly technical. They require verifying the applicable legal framework, the conditions for extradition, the possible grounds for refusal, the guarantees provided by the requesting State, and the legal remedies available before the French courts.

Table of Contents

• What legal framework applies outside the European Union?
• How does the extradition procedure work in France?
• What guarantees should be verified before surrender?
• Fundamental Rights and Diplomatic Assurances
• What legal remedies are available against extradition outside the European Union?
• Why consult a lawyer in international criminal law?
• FAQ

What legal framework applies outside the European Union?

When an extradition request originates from a country outside the European Union, the first step is to determine the applicable legal framework. This may consist of an international convention, a bilateral treaty, or the general rules set out in Articles 696 et seq. of the French Code of Criminal Procedure.

Article 696 of the French Code of Criminal Procedure provides that, unless otherwise stipulated by an international treaty, the conditions, procedure, and effects of extradition are governed by the provisions of the chapter dedicated to extradition. These provisions also apply to matters that are not addressed by international treaties.

For a general overview of the extradition process, you may read the firm's article on extradition.

How does the extradition procedure work in France?

The procedure follows the main stages of the standard extradition process: receipt of the extradition request, possible arrest, appearance before the Prosecutor General, hearing before the Investigating Chamber, and finally a decision on the extradition request.

The requested person must be informed of the extradition request, their rights, and their right to consent to or oppose the extradition. Legal representation is essential from this stage onward, as the initial decisions may have a significant impact on the remainder of the proceedings.

For a detailed explanation of each stage of the proceedings, see: How does the extradition procedure work in France?

In the event of an arrest, the following article may also be useful: Arrest for extradition: what should you do immediately?

What guarantees should be verified before surrender?

Extradition outside the European Union requires several safeguards to be carefully examined. The request should not be assessed solely from a formal legal perspective; it is also essential to evaluate the concrete risks associated with the surrender.

The issues to be examined include, in particular:

• the existence of an applicable international convention or treaty;
• the legal classification of the alleged offences, as extradition is only available for certain offences;
• the requirement of double criminality, where applicable;
• whether the prosecution or the sentence is time-barred;
• the nationality of the requested person;
• the procedural safeguards available in the requesting State;
• the detention conditions and the potential sentence;
• any mandatory or discretionary grounds for refusing extradition.

These factors may provide grounds for challenging the extradition request. To learn more, see: Can extradition be refused or challenged?

Fundamental Rights and Diplomatic Assurances

Fundamental rights play a central role in extradition proceedings involving non-EU countries. France cannot surrender a person if doing so would expose them to a serious risk of torture, inhuman or degrading treatment, or proceedings that fail to respect the fundamental rights of the defence.

In some cases, the requesting State may provide diplomatic assurances. These assurances must be assessed on a case-by-case basis, taking into account their content, reliability, the political context, and the possibility of monitoring compliance after the surrender.

The European Court of Human Rights has consistently emphasized the need for a concrete and up-to-date assessment of diplomatic assurances whenever a risk under Article 3 of the European Convention on Human Rights is alleged.

Key takeaway

Diplomatic assurances are not always sufficient on their own. They must be specific, reliable, and appropriate to the concrete risks faced by the requested person.

What legal remedies are available against extradition outside the European Union?

The extradition request is primarily challenged before the Investigating Chamber. This court examines whether the legal requirements for extradition are satisfied and may issue an unfavourable opinion if they are not.

If the unfavourable opinion becomes final, extradition cannot be granted. If the opinion is favourable, extradition may subsequently be authorised by decree of the Prime Minister, issued upon the recommendation of the Minister of Justice.

The extradition decree may be challenged through an application for judicial review within the time limit provided by the French Code of Criminal Procedure.

The appropriate legal strategy therefore depends on the stage of the proceedings: the hearing before the Investigating Chamber, a possible appeal to the Court of Cassation, judicial review proceedings, an application for release, or the organisation of the surrender.

To better understand the central hearing in the extradition process, see: The Investigating Chamber and extradition: what is its role?

Why consult a lawyer in international criminal law?

Extradition outside the European Union often involves several legal systems, international treaties and, in some cases, diplomatic issues. A lawyer analyses the applicable legal framework, the guarantees provided, the concrete risks involved and the legal remedies available.

In particular, a lawyer can:

• identify the applicable treaty or convention;
• verify the validity of the extradition request;
• gather evidence regarding the requested person's personal circumstances;
• assess the grounds for refusing extradition;
• document risks relating to fundamental rights;
• prepare written submissions before the Investigating Chamber.

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Ms. Lois Pamela LESOT, a criminal defence lawyer based in Paris, practises in criminal law, criminal procedure, extradition and international criminal law. She represents requested persons before the French courts.

Useful resources on international extradition

• Extradition lawyer in Paris
• The European Arrest Warrant
• European Arrest Warrant: definition, procedure and defence
• European Arrest Warrant lawyer in Paris
• Pre-trial detention

FAQ: Extradition Outside the European Union

Is extradition outside the European Union slower than a European Arrest Warrant?

Often, yes. Extradition involves international treaties, sometimes diplomatic considerations and, where applicable, an extradition decree. By contrast, the European Arrest Warrant is a surrender procedure between Member States of the European Union, based on the principle of mutual recognition of criminal decisions and the aim of removing the difficulties associated with extradition within the European Union. The European Arrest Warrant procedure is therefore designed to take less time.

Can France extradite a French national?

Under French law, extradition is not granted if the requested person was a French national at the time the alleged offence was committed. This issue must be carefully examined 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 extradition be challenged on the basis of detention conditions?

Yes, where there is concrete evidence establishing a serious risk of a violation of fundamental rights, in particular a risk of inhuman or degrading treatment.

Is it possible to challenge a favorable extradition opinion?

Yes, depending on the stage of the proceedings. A favorable opinion may give rise to limited avenues of challenge, and the extradition decree may be subject to an application for judicial review under the conditions laid down by law.

Need a lawyer for a non-EU extradition case?

Are you facing an extradition request from a country outside the European Union? Ms. Lois Pamela LESOT, Attorney at the Paris Bar, can assess the applicable legal framework, the guarantees provided, and the legal remedies available.

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

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