Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2002-1045 of 6 August 2002 authorizing the approval of the extradition agreement between the Government of the French Republic and the Government of the Republic of Paraguay, signed at Assumption on 16 March 1997;
In light of Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments entered into by France,
Décrète:
The extradition agreement between the Government of the French Republic and the Government of the Republic of the Paraguay, signed at Assomption on 16 March 1997, will be published in the Official Journal of the French Republic.
The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
C O N V E N T I O N
OF EXTRADITION BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY
The Government of the French Republic and the Government of the Republic of Paraguay,
Conscious of historical links Between the two nations;
Desiring to translate those links into legal instruments of cooperation in all areas of common interest and, in particular, that of judicial cooperation;
Desiring to this end In accordance with their respective constitutional principles,
have agreed to the following provisions:
Chapter I
General Principles
Article 1
The two Parties undertake to reciprocally, in accordance with the provisions of this Convention, any person who, in the territory of either State, is prosecuted for a criminal offence or For the purpose of executing a custodial sentence handed down by the judicial authorities of the other State as a consequence of a criminal offence.
Article 2
1. Provide for the extradition of criminal offences punishable under the law of the two States by deprivation of liberty for a maximum of not less than two
. In addition, if extradition is requested for the execution of a judgment, the remaining part of the sentence must be at least six months.
3. For offences relating to taxes, taxes, customs or foreign exchange, extradition shall be granted under the conditions laid down in this Convention.
Article 3
If the request for extradition Has several separate criminal offences punishable each by the laws of the two states, but some of which do not comply with the conditions laid down in Article 2, the requested State may also grant extradition for the latter.
Article 4
The law of the requested state is applicable to interim, extradition, and transit procedures.
Chapter II
Extradition Refusal
Article 5
Extradition is not granted:
1. For offences considered by the requested State as policies or the facts relating to such offences;
2. Where the requested State has serious grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on grounds of race, religion, nationality or political opinion or that the situation Of this person may be aggravated for any of these reasons;
3. Where the person sought is tried in the requesting State by an exceptional court or where extradition is sought for the execution of a sentence imposed by such a court;
4. Where the offence for which extradition is requested is considered by the State to be an exclusively military offence;
5. Where the person sought has been the subject in the requested State of a final judgement of conviction or of an acquittal for the offence or offences for which extradition is requested;
6. Where public action or punishment is prescribed in accordance with the law of either State.
Article 6
1. Extradition may not be granted if the person sought has the nationality of the requested State. The national quality is assessed on the date of the commission of fact.
2. If, pursuant to the preceding paragraph, the requested State does not furnish the person sought for the sole reason of his nationality, the latter must, in accordance with its own law, on the denunciation of the facts by the requesting State, submit the case to its Competent authorities for the exercise of criminal proceedings, if applicable. To this end, documents, reports and objects relating to the infringement shall be sent free of charge by the way provided for in Article 13 and the requesting State shall be informed of the decision.
Article 7
Extradition may be refused:
1. If the offence has been committed outside the territory of the requesting State and the law of the requested State does not authorise the prosecution of the same offence committed outside its territory;
2. If the person sought is subject, by the requested State, to prosecution for the offence for which extradition is requested or if the judicial authorities of the requested State have, in accordance with the procedures in accordance with the law of that State State, decided to terminate the prosecution of the same offence;
3. If the person sought has been the subject of a final judgment of conviction or acquittal in a third State for the offence or the offences for which extradition is requested;
4. If, in accordance with the law of the requested State, it is the responsibility of its courts to know the offence for which it was requested.
Article 8
1. If the offence for which extradition is requested is punishable by death by the law of the requesting State and, in that case, it is not provided for by the law of the requested State, or is generally not enforced, Extradition may be granted only on the condition that the requesting State provides assurances, considered sufficient by the requested State, that the death penalty will not be
. If the offence for which extradition is requested is punishable by a penalty or a measure of perpetual security or if the request is made for the purpose of carrying out such a sentence or to such a measure, the extradition may Be granted if the requested State considers as sufficient the assurances given by the requesting State that its legislation and its practice in the enforcement of penalties allow for the accommodation of the person concerned Claimed.
Article 9
Extradition may be refused on humanitarian grounds, if the surrender of the person sought is likely to have consequences of a gravity Exceptional, because of age or health.
Chapter III
Procedure
Article 10
1. The request for extradition and any subsequent correspondence shall be transmitted through diplomatic
. The central authority is for the French Republic the Ministry of Justice, for the Republic of Paraguay the Ministry of Justice and Labour.
Article 11
The extradition request must be Written and accompanied by:
1. In all cases,
(a) A statement of the facts for which extradition is requested, the place and date of their commission, their qualification and the references to the legal provisions, as exactly as possible;
(b) The Identifying the identity and nationality of the person sought and, where possible, the elements enabling the person to be located;
c) The text of the legal provisions applicable to the offence or the offences in question, the penalties And limitation periods. In the case of offences committed outside the territory of the requesting State, the text of the legal or contractual provisions conferring jurisdiction on the State;
2. In the case of an extradition request for the purposes of prosecution, the original or genuine shipment of the warrant of arrest, or any other act having the same force under the law of the requesting State;
3. In the case of an extradition request for the purpose of carrying out a sentence, the original or the authentic shipment of the enforcement judgment.
Article 12
If the information or documents Accompanying the request for extradition are insufficient or are improprieties, the requested State shall bring to the attention of the requesting State the omissions or irregularities to be corrected. The requested State shall indicate the time limit which may be established for this purpose in accordance with its internal procedures.
Article 13
Documents are sent with a translation into the language of the State And are exempt from all legalization formalities when transmitted through diplomatic channels.
Chapter IV
Specialty Principle and Reextradition
Article 14
1. A person who has been extradited shall not be prosecuted, tried or detained for the execution of a sentence for a criminal offence before surrender, other than that for extradition, except in the following cases:
a) Where: The State which delivered it consents thereto. An application shall be made to that effect, together with the documents provided for in Article 11 and a judicial record by which the person sought declares whether it accepts the extension of the extradition or if it opposes it. Such consent may be granted only where the offence for which it is sought is such as to give rise to extradition under this Convention;
(b) Where, having had the opportunity to leave the territory of the State The extradited person did not leave the person within 60 days after the person's final release, or if returned after leaving it.
2. Where the legal qualification of an offence for which a person has been extradited has been amended, that person will be prosecuted or tried only if the newly qualified offence:
(a) May give rise to extradition under the conditions of This Convention;
(b) Seizes the same facts as the offence for which extradition has been granted.
Article 15
Except in the case provided for in Article 14 (1), (b) reextradition To the benefit of a third State may not be granted without the consent of the State which granted the extradition. The latter may require the production of the documents provided for in Article 11, as well as a record of hearing by which the person sought declares whether or not to accept the reextradition.
Chapter V
Provisional Arrest
Article 16
1. In the event of an emergency, the competent authorities of the requesting State may request the provisional arrest of the person sought. The request for provisional arrest must indicate the existence of one of the documents provided for in Article 11 and indicate the intention to send an extradition request. It also refers to the offence for which extradition is requested, the time, place and circumstances of its commission and the information to establish the identity and nationality of the person sought.
2. Central authorities shall address the request for provisional arrest by diplomatic means, through Interpol, by mail, by fax, or by any other means leaving a written
. Exchange of notes, the provisional arrest procedure, in accordance with their domestic legislation, with a view to increasing their speed and efficiency.
3. Upon receipt of the request referred to in paragraph 1, the competent authorities of the requested State shall comply with that request in accordance with their legislation. The requesting State shall be informed of the action taken at its
. The provisional arrest shall terminate if, within 45 days of the arrest of the person, the central authority of the requested State has not been seized of the extradition request and the documents referred to in Article 11
However, the provisional release of the person sought is possible at any time, except for the State required to take any measure it deems necessary in order to avoid the person's escape.
5. The termination of the provisional arrest pursuant to the above paragraph shall not preclude the extradition of the person sought if the official request for extradition and the documents referred to in Article 11 are subsequently received.
Chapter VI
Query Contest
Article 17
If extradition is requested concurrently by one of the Parties and by other States, whether for the same or for different facts, The requested State shall take into account all circumstances and in particular the existence of other international agreements binding the requested State, the relative gravity and the place of the infringements, the respective dates of the applications, the nationality of the Person requested and the possibility of subsequent extradition to another State.
Chapter VII
Decision and Remission
Article 18
1. The requested State shall inform the requesting State of its decision on extradition.
2. Any rejection, complete or partial, is motivated.
3. In the event of acceptance, the requesting State shall be informed of the place and the date of the surrender, as well as the length of the detention suffered by the person sought for his
. If the person sought is not received within 45 days from the date fixed for his surrender, it must be released and the requested State may subsequently refuse his extradition for the same facts.
5. In the event of force majeure preventing the surrender or receipt of the person to be extradited, the affected State shall inform the other State; the two States shall agree on a new date for the surrender and the provisions of paragraph 4 of this Article Will apply.
Article 19
1. The requested State may, after accepting the extradition, defer the surrender of the person sought where there are proceedings pending against him or when he is serving on the territory of the State in which he or she is serving a sentence for another offence, up to The conclusion of the proceedings or the execution of the sentence imposed on it.
2. Instead of postponing the surrender, the requested State may temporarily surrender the person sought, if its legislation so permits, under conditions to be determined by mutual agreement between the two
. The remission may also be deferred when, because of the person's health status, the transfer is likely to endanger or worsen the condition.
Chapter VIII
Remission of
Article 20 objects
1. At the request of the requesting State, the requested State shall, to the extent permitted by its legislation, seize and remit the objects, values or documents relating to the offence:
(a) Who can serve as exhibits, or
(b) Who, from The offence was found in the possession of the person sought.
2. Where extradition is granted, the requested State, in accordance with its domestic law, shall order the surrender of the seized objects even if the surrender of the person claimed cannot take place on account of his death, disappearance or evasion
3. Where such objects are subject to seizure or confiscation in the territory of the requested State, the latter may, for the purposes of a criminal procedure in progress, keep them temporarily or surrender them under restitution.
4. Where the requested State or third parties have rights in respect of objects provided to the requesting State for the purposes of a criminal trial, in accordance with the provisions of this Article, such objects shall be returned as soon as possible and without charge to the requested State.
Chapter IX
Transit
Article 21
1. The transit through the territory of one of the States of a person who is not a national of that State, given to the other State by a third State, shall be granted on presentation by diplomatic means, of any of the documents referred to in Article 11 of this Convention, provided that there is no objection to public policy or to offences for which extradition is not granted under Article 5.
2. Transit may be refused in all other cases of refusal of extradition.
3. The custody of the person shall be the responsibility of the authorities of the transit State as long as it is on its
. In the case where the air route is used, the following provisions shall be applied:
(a) Where no landing is provided, the requesting State shall notify the State whose territory is to be overflown, and shall attest to the existence of one of the Documents provided for in Article 11. In the case of a fortuitous landing, this notification shall produce the effects of the request for provisional arrest referred to in Article 16 and the requesting State shall address a regular request for transit;
(b) Where a landing is scheduled, the requesting State shall Address a regular transit request.
5. The requesting State shall reimburse the transit State for any costs which may have been incurred.
Chapter X
Charges
Article 22
The costs entailed by the inherent internal procedures Any extradition shall be borne by the requested party, with the exception of those relating to the transport of the requested person who are in charge of the requesting State.
Chapter XI
Final provisions
Article 23
1. Each Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Convention, which shall take place on the first day of the second month following the date of the Receiving the last notification.
2. The two Parties may, at any time, denounce this Convention by means of a written notification addressed to the other State through diplomatic channels; in this case, the denunciation shall take effect on the first day of the third month following the Date of receipt of this notification.
3. The provisions of this Convention shall apply to extradition requests submitted after the date of entry into force of the Convention, whether the facts have been committed before or after that date
Of the two Governments, duly authorized, have signed this Convention.
Done at Assomption, on March 16, 1997, in duplicate in the French and Spanish languages, both texts being equally authentic.
For the Government
of the French Republic:
Michel Barnier
Associate Minister
Affairs
For the Government of the
of Paraguay:
Rubén Melgarejo Lanzoni
Minister
External Relations
Done at Paris, February 12, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
