Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2015-274 of 13 March 2015 authorizing the ratification of the extradition treaty between the French Republic and the Argentine Republic;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The extradition treaty between the French Republic and the Argentine Republic, signed in Paris on 26 July 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
TRAVEL
OF EXTRADITION IN THE FRENCH REPUBLIC AND ARGENTINA REPUBLIC, SIGNED TO PARIS on 26 JULY 2011
The French Republic and the Argentine Republic, referred to as the "Parties",
Desiring to deepen and make more effective the mechanisms of international judicial cooperation in the fight against crime between the Parties;
Reaffirming their commitment to a coordinated fight against crime, in particular terrorism and transnational organized crime;
Considering the degree of mutual trust between Parties;
Convinced of the need to find common solutions in the field of extradition in order to facilitate procedures, reduce difficulties and simplify the standards that govern its operation, without prejudice to the guarantees and rights of extradited persons;
The following provisions were agreed:
Article 1
Obligation to extradite
The Parties shall undertake to surrender, in accordance with the rules and conditions established by this Treaty, any person in their respective territories, claimed by the competent authorities of the other Party in order to be prosecuted or tried or for the execution of a custodial sentence, for an offence giving rise to extradition.
Article 2
Extradition offences
Extradition shall be given to the facts deemed to be an offence by the laws of the requesting Party and the requested Party, irrespective of their legal qualification, and punished by the laws of the two Parties with a custodial sentence of not less than two years.
If extradition is requested for the purposes of enforcement of a custodial sentence imposed on the grounds of one of the offences referred to in the preceding paragraph, the length of the remaining sentence shall not be less than six months.
If the extradition required relates to several offences, it is sufficient, provided that the principle of double criminality applies, that one of them meets the requirements set out in this Treaty so that extradition may also be granted in respect of other offences that do not meet the minimum term of sentence.
Article 3
Refusal of extradition
Extradition is not granted in one of the following cases:
1. Where the request of the requesting Party relates to offences that the requested Party considers to be political offences or offences related to such offences.
However, they are not considered political offences:
(a) The attack on the life of a Head of State or Government or a member of his family;
(b) Genocide, war crimes or crimes against humanity;
(c) Offences for which both Parties are obliged, under a multilateral treaty to which they are both parties, to extradite the person claimed or to submit the case to the competent authorities to decide on the prosecution to be initiated.
2. Where the Requested Party has reason to believe that extradition has been sought for the purpose of prosecuting or punishing a person for considerations of race, religion, nationality, ethnic origin, political opinion, sex or that the situation of that person may be aggravated for any of these reasons.
3. Where the decision of the requesting Party that motivates the extradition request has been made by default and that that Party does not give sufficient guarantees that the person will have the opportunity to be tried again in his or her presence.
4. Where the offence for which extradition is requested is punishable by the death penalty in accordance with the law of the requesting Party and that the requesting Party does not give sufficient guarantees that the penalty will not be applied.
5. Where the offence for which extradition is requested is a military offence that does not constitute a criminal offence of common law.
6. Where the person claimed has been convicted or must be tried in the requesting Party by an exceptional or special court.
7. When the person has been convicted or acquitted permanently, or has been subject to amnesty or pardon in the Party required for the offence or offences for which extradition is requested.
Article 4
Optional extradition refusal
Extradition may be refused in one of the following cases:
1. Where criminal proceedings are in progress or have been terminated in a non-final manner in the requested Party against the person claimed for the offence or offences for which the extradition is sought.
2. Where the offence for which extradition is requested has been committed outside the territory of either Party and the requested Party is not competent, in accordance with its legislation, to hear offences committed outside its territory in similar circumstances.
3. When the person claimed has been permanently tried in a third State, for the offence(s) for which the extradition is requested.
4. Where the offence for which extradition is requested is considered in accordance with the law of the requested Party as having been committed in whole or in part in its territory. If it refuses the extradition on this ground, the requested Party, at the request of the other Party, shall submit the case to its competent authorities so that proceedings may be brought against the person concerned for the offence(s) that motivated the extradition request.
5. Where the Requested Party considers that the extradition of the claimed person may have consequences of an exceptional gravity from a humanitarian point of view, given its age or state of health.
Article 5
Prescription
Extradition shall not be granted if criminal action or punishment is prescribed according to the law of the requested Party.
Article 6
Tax and customs offences
Where the extradition of a person is requested for an offence to a tax, customs, tariff or exchange rule, or to any other provision of a tax nature, the extradition may not be refused on the grounds that the legislation of the requested Party does not impose the same type of tax or tax, or does not contain the same type of regulation in those areas as the legislation of the requesting Party.
Article 7
Return of nationals
Where the claimed person is a national of the requested Party, the requested Party may refuse to grant the extradition in accordance with its own law. Nationality is determined at the time the offence for which extradition is requested has been committed.
If the extradition is refused for this reason, the requested Party shall, at the request of the requesting Party, submit the case to its competent authorities so that judicial proceedings may be brought against the person claimed for the offence or the offences that motivated the extradition request. For this purpose, documents, reports and objects relating to the offence are sent free of charge by the means provided for in Article 8 and the requesting Party is informed of the decision taken.
Article 8
Transmission of requests
Formal extradition requests are transmitted through diplomatic channels. This provision also applies to all communications, supporting documents and other evidence transmitted under an extradition procedure.
Article 9
Content of requests
Requests for extradition shall be submitted by the competent authorities of the requesting Party in writing and shall contain the following information:
(a) Information about the person claimed, including his/her nationality, a physical description, data relating to his/her filiation, a photograph and fingerprints, if available, as well as available information regarding his/her place of residence.
(b) Full information regarding the requesting authority, including telephone, fax numbers and e-mail address.
(c) A copy of the judgment, arrest warrant or any other such decision, including information regarding the issuing authority and the date of issuance.
(d) A copy or transcript of the legal provisions of the requesting Party that qualify the offence.
(e) A description of the facts, including time and place, and the degree of participation of the person claimed.
(f) The length of the sentence if the judgment is final and the sentence to be fulfilled.
Documentation transmitted by means established by this Treaty shall be exempt from certification or legalization.
Article 10
Additional information
If information or documents accompanying the extradition request are insufficient or present irregularities, the requested Party shall, in fact, inform the requesting Party and shall, in accordance with its internal procedures, establish a reasonable time to remedy omissions or irregularities.
Article 11
Translation
All documents submitted pursuant to this Treaty must be accompanied by a translation into the official language of the requested Party.
Article 12
Consent of the person claimed
Upon receipt of the extradition request and if the person claimed consents to be surrendered to the requesting Party, the requested Party, in accordance with its domestic law, shall decide on the surrender as soon as possible. Consent must be free, explicit and voluntary, provided that the person claimed must be informed of his or her rights and the consequences of his or her decision.
Article 13
Decision and surrender of the claimed person
The requested Party shall notify the requesting Party of its decision on extradition.
Any rejection, total or partial, must be motivated.
In the event that the extradition is granted, the requesting Party shall be informed of the time when the person is in a condition of being extradited and of the duration of the detention for extradition. Both Parties agree to the place of delivery.
In the event that the requesting Party fails to transfer the person claimed within thirty days from the time mentioned in the preceding paragraph, the person is released and the requesting Party may not request a further extradition for the same facts.
In the event of a force majeure that would prevent the surrender or receipt of the person to be extradited, the affected Party shall inform the other Party. Both Parties agree on a new delivery date and the provisions of the preceding paragraph of this Article shall apply.
Article 14
Adjourned or temporary
Once the extradition is declared admissible, and in the event that the person claimed is serving a sentence or is prosecuted in the requested Party for another offence, the person may adjourn the surrender.
In such a case, the requested Party may temporarily surrender the person claimed for prosecution under conditions to be mutually agreed between the Parties.
The rebate may also be adjourned when, due to the health of the person claimed, the transfer could endanger his or her life.
Article 15
Remittances
At the request of the requesting Party, the requested Party shall seize and remit, to the extent permitted by its legislation, documents, goods and other objects:
(a) Can be used as evidence, or
(b) Who, as a result of the offence, were found at the time of the arrest in the possession of the person claimed or were subsequently discovered.
The surrender of such documents, goods or objects is made even in the event that the authorised extradition could not take place due to the death or leak of the person claimed. The requested Party may keep them temporarily or hand them back on condition that they are returned to it, in case they are necessary for the purposes of an ongoing criminal procedure.
In all cases, the rights acquired by the requested Party or by third parties on such objects shall be maintained.
Article 16
Principle of speciality
The person extradited under this Treaty may not be detained, tried, convicted or subjected to any other restrictions on his or her individual liberty in the territory of the requesting Party for other offences prior to the effective handover, not mentioned in the extradition request, except in the following cases:
(a) When, having been given the opportunity to leave the territory of the Party to which it was surrendered, the extradited person voluntarily stayed there for more than 45 consecutive days after its final expansion, or returned to it after leaving it;
(b) Where the competent authorities of the requested Party consent. For this purpose, the requesting Party shall submit to the requested Party an application with the documents listed in Article 9.
Where the legal qualification of the facts for which a person is extradited is amended, that person shall be prosecuted or tried only if the newly qualified offence applies to the same facts as those for which extradition has been granted and may result in extradition under the conditions of this Treaty.
Article 17
Extradition to a third State
The surrender to a third State of the person surrendered under this Treaty may be effected only with the consent of the Party which has granted extradition, except in the case of offences after the surrender or when, having had the opportunity to leave the territory of the Party to which it was surrendered, the extradited person has remained voluntarily there for more than 45 consecutive days after its final enlargement, or if it has departed. For this purpose, the requesting Party shall submit to the requested Party an application with the documents listed in Article 9.
Article 18
Provisional arrest
Where the competent authorities of the requesting Party consider that there is an emergency situation, they may request the provisional arrest of a person. The request for provisional arrest must state the existence of one of the documents set out in paragraph c of Article 9 and state the intention to subsequently send an extradition request. It also mentions the offence at the origin of the application, the date, place and circumstances of its commission, and information to establish the identity and nationality of the person sought.
The request for provisional arrest is sent through diplomatic channels or through Interpol and may be sent by mail, fax or other means leaving a written record.
The competent authorities of the requested Party shall process this application in accordance with their legislation and inform the requesting Party of any follow-up to that request.
The person arrested under the application for provisional arrest shall be released if, after 45 consecutive days from the date of his arrest, the requesting Party has not submitted the request for official extradition to the authorities of the requested Party.
The release of the person, in accordance with the provisions of the preceding paragraph, shall not be precluded from a further arrest and extradition if the request for extradition is received at a later date.
Article 19
Notification of results
At the request of the requested Party, the requesting Party shall inform the requesting Party of the results of the criminal proceedings against the extradited person, the execution of the sentence or its extradition to a third State.
Rule 20
Transit
The transit of a person extradited by a third State to one of the Parties through the territory of the other Party shall be granted by the other Party, in accordance with its domestic law, upon written request submitted by the diplomatic channel. The request must include the person in transit, including his or her nationality, and a brief statement of facts.
No transit authorization is required when the airway is used and no landing is scheduled in the territory of the transit Party. In the case of a fortuitous landing on the territory of that Party, the Party may request the other Party to submit the transit request referred to in the first paragraph of this article. The transit Party shall keep the person in custody until the transit is made, provided that the request is received within ninety-six hours of the fortuitous landing.
The custody of the person is the responsibility of the authorities of the transit Party as long as it is on its territory.
Article 21
Contest of applications
When one of the Parties and a third State requests the extradition of the same person, either for the same fact or for different facts, the requested Party shall decide, inter alia, on the seriousness of the offence, the place of the facts, the dates of the requests, the nationality of the requested person and the possibility of subsequent extradition to another State.
Article 22
Fees
The costs incurred by the internal procedures inherent in the extradition are borne by the requested Party, with the exception of those relating to the carriage of the person claimed to the requesting Party, who are at the expense of the requesting Party.
Article 23
Relations with other international treaties or agreements
This Treaty does not affect the rights and obligations of the Parties established in other international treaties or agreements to which they are parties.
Article 24
Settlement of disputes
Disputes related to the interpretation and application of this Treaty shall be resolved through direct diplomatic negotiations or by any other mechanism agreed between the Parties.
Rule 25
Entry into force
Each of the two Parties shall notify the other of the constitutional procedures required for the entry into force of this Treaty, which shall take place thirty days after the receipt of the last notification.
This Treaty will apply to applications made after its entry into force, even when the facts constituting the offence were committed before that date.
Rule 26
Duration and denunciation
This Treaty remains in force for an indefinite period. Any Party may terminate it by notifying its intention to the other, in writing and through diplomatic channels. The denunciation takes effect after six months from the date of notification. Notwithstanding the foregoing, requests for extradition submitted before the denunciation takes effect continue to be submitted to the provisions of this Treaty, until the full application of the decision to accept or refuse the surrender.
DONE in Paris, on 26 July 2011, in duplicate, in French and Spanish, both texts being equally authentic.
For the French Republic:
Alain Juppé Minister of State, Minister for Foreign and European Affairs
For the Argentine Republic:
Héctor Marcos Timerman Minister of Foreign Affairs, International Trade and Worship
Done on July 17, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
