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Remise en question du principe de spécialité

Dans le vast field of international justice, France finds itself at the center of a complex and sensitive legal controversy, with the Kamel Meziani case at its core. This emblematic case raises deep questions about the respect for the principle of specialty in extradition procedures initiated by the French authorities.

The spotlight has been shed on a possible deviation from the principle of specialty, which dictates that an extradited person can only be prosecuted for the crimes that led to their extradition. This extension has cast doubt on France’s compliance with bilateral agreements.

This case illustrates a major tension between international judicial cooperation and the scrupulous respect for individuals’ fundamental rights. Far from being isolated, this issue is recurrent in the French judicial system and highlights the urgent need for French judicial authorities to review their extradition practices to ensure full compliance with the Franco-Moroccan extradition treaty of April 18, 2008. Article 8 of the treaty states that « the person extradited shall not be prosecuted, judged, detained for the purpose of carrying out a penalty or security measure, or subjected to any other restriction of personal freedom for any act prior to the extradition except for the one that motivated the extradition. »

Disregarding this essential agreement with Moroccan authorities is a serious transgression, undermining the foundations of justice and international law. France, a major player in the global judicial arena, is therefore at a crossroads that obliges it to align its extradition practices with international rules to ensure that extraditions do not become a tool to circumvent normal legal protections.

Only such a step will preserve trust between states in their judicial relations and strengthen the integrity of the French judicial system, lest its credibility and authority be undermined.

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