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French judiciary's dilemma: The fate of Riad Salameh's extradition request
News Bulletin Reports
25-05-2023 | 11:48
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French judiciary's dilemma: The fate of Riad Salameh's extradition request
In accordance with Article 30 of the Lebanese Penal Code, Lebanon does not extradite anyone, regardless of their nationality, except under a treaty that holds the power of law.
However, in the case of the Central Bank of Lebanon Governor, Riad Salameh, he is exempt from extradition to France for three reasons:
- He is Lebanese above anything.
- There is no concluded extradition treaty between Lebanon and France, even if the individual in question holds French citizenship.
- Salameh has not waived his right to be tried in Lebanon; he has requested to be tried in Beirut and not be extradited to France.
So, how can France deal with the request from the Lebanese Public Prosecutor to recover Salameh's file?
The French judiciary has the option not to send the file, just as Japan did in the case of Carlos Ghosn. Why is that?
It could be either because they lack confidence in the seriousness of the Lebanese judiciary or out of fear that the punishment under Lebanese law might be severe.
If the French judiciary complies with the Lebanese request and sends Salameh's file, Lebanon will face two possibilities:
- If, upon reviewing the French file, the judiciary finds similarities between it and the Lebanese file regarding the crimes attributed to the governor, they can request to combine the two files and continue the trial in Lebanon.
- If the alleged crime is different under French law, the Lebanese judiciary will initiate a new trial.
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