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Nivette v. France

Nivette v. France 653 12 hrcd [ 2001 ] NIVETTE v. FRANCE Prohibition of in human or degrading punishment – inadmissible Article 3 Extradition to the United States of a person running the risk of life imprisonment without possibility of release. On 3 July 2001 a Chamber of the European Court of Human Rights declared in- admissible the application in the case of Nivette v. France . Summary of the facts An international arrest warrant was issued by an American court for the applicant, an American national, who was suspected of the murder of his partner. He was arrested in France. The American authorities made a request for extradition to the French Ministry for Foreign Affairs. The French courts delivered opinions favourable to the extradition of the applicant provided the proper American authorities provided to the French government a guarantee that the death penalty would be neither requested nor imposed. The courts referred to a declaration of the American prose- cutor responsible for the case in which he assured that he would not request the death penalty. The applicant’s appeal in cassation was rejected. The Conseil d’Etat rejected the application against the decree of extradition, estimating that the govern- ment had http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Nivette v. France

Human Rights Case Digest , Volume 12 (7-8): 653 – Jan 1, 2001
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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/157181301760578163
Publisher site
See Article on Publisher Site

Abstract

653 12 hrcd [ 2001 ] NIVETTE v. FRANCE Prohibition of in human or degrading punishment – inadmissible Article 3 Extradition to the United States of a person running the risk of life imprisonment without possibility of release. On 3 July 2001 a Chamber of the European Court of Human Rights declared in- admissible the application in the case of Nivette v. France . Summary of the facts An international arrest warrant was issued by an American court for the applicant, an American national, who was suspected of the murder of his partner. He was arrested in France. The American authorities made a request for extradition to the French Ministry for Foreign Affairs. The French courts delivered opinions favourable to the extradition of the applicant provided the proper American authorities provided to the French government a guarantee that the death penalty would be neither requested nor imposed. The courts referred to a declaration of the American prose- cutor responsible for the case in which he assured that he would not request the death penalty. The applicant’s appeal in cassation was rejected. The Conseil d’Etat rejected the application against the decree of extradition, estimating that the govern- ment had

Journal

Human Rights Case Digest – Brill

Published: Jan 1, 2001

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