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Legal news

ICC judges reject opening of an investigation regarding Afghanistan situation

On 12 April 2019, Pre-Trial Chamber II of the ICC rejected unanimously the request of the Prosecutor to proceed with an investigation for alleged crimes against humanity and war crimes, on the territory of in the Islamic Republic of Afghanistan. The judges decided that an investigation into the situation in Afghanistan at this stage would not serve the interests of justice.

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Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant

By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.

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Patrice-Edouard Ngaïssona transferred to ICC for alleged crimes against humanity and war crimes

Patrice-Edouard Ngaïssona transferred to the ICC on 23/1/2019, for alleged war crimes and crimes against humanity, following the issuance of an ICC arrest warrant on 7/12/2018 and his arrest in France on 12/12/2018 Mr Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for war crimes and crimes against humanity committed in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014.

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ICC: Surrender of Alfred Yekatom to the ICC

Mr Alfred Yekatom was surrendered to the ICC on 17/11/2018, following the issuance of an arrest warrant by Pre-Trial Chamber II of the ICC on 11/11/2018 for his alleged criminal responsibility for war crimes and crimes against humanity committed in western CAR between December 2013 and August 2014

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EAW: The notification by a Member State of its intention to withdraw from the European Union does not prevent the execution of an European arrest warrant emanating from this State

By a judgment of 19 September 2018, the Court of Justice of the European Union has ruled that Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union.

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William Julié’s Law Firm is heading various new initiatives in the field of INTERPOL RED NOTICES and SCHENGEN ALERTS

William Julié’s Law Firm is heading various new initiatives in the field of INTERPOL Red Notices and SCHENGEN alerts. Many people are suffering from these two reporting and flagging systems (INTERPOL and SIS), and are seeking ways to have the alerts retrieved.  A significant number of cases involve people  who have fought extradition successfully but remain deprived of the right to travel freely (within or outside the U.E). READ MORE

‘Lebanese Connection’ drug trial to open in Paris

PARIS: Fifteen alleged members of a vast crime ring accused of laundering Colombian drug money through luxury jewelry and using shadowy middlemen from the Lebanese diaspora go on trial in Paris on Tuesday.

The chief defendant is Mohamad Noureddine, a 44-year-old Lebanese businessman with interests in real estate and jewelry.

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Condemnation of France by the ECHR to pay 6,500,000 euros to a man handicapped following his arrest

By a judgement of 15 February 2018, definitive since 15 May 2018, the European Court of Human Rights has condemned France to pay 6,500,000 euros in respect of pecuniary and non-pecuniary damage, and 39,950 euros in respect of costs and expenses, to a person who was ill-treated during an arrest by SNCF (French national railway company) security officers and the police, and who remains severely handicapped since then.

 

Cf. Cf. CEDH GHEDIR C. FRANCE, Rrequête n° 20579/12,

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Admissibility and validity of an exception of nullity against an international arrest warrant issued by France

By a judgement of 11 January 2017, the French Cour de cassation(the Supreme Court of the judicial order), has ruled that a French investigating judge cannot issue a warrant of arrest against someone who lives abroad but is not on the run ; the person who is the object of such arrest warrant, extradited and tried by the French criminal court, can challenge the legality of such arrest warrant; the court must assess whether the arrest warrant was necessary and proportionate in light of the circumstances of the case.

 

Cf. Cour de cassation, criminelle, Chambre criminelle, 11 janvier 2017, 16-80.619, Publié au bulletin

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