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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document171 Filed 03/23/21 Page17of18
WILLIAM JULIE
AVOCAT A LA COUR — ATTORNEY AT LAW
extradition and other removals”, ECtHR 12 April 2012, Babar Ahmad and Others v.
the United Kingdom, no. 24027/07, §168).
23. France has no difficulty with deporting individuals who have lost French nationality by
application of Article 25 of the Civil Code, which enumerates the list of crimes that may
give rise to a deprivation of citizenship. For example, a dual French-Algerian citizen
named Djamel Beghal was recently deported to Algeria after he was convicted of
terrorist offences and subsequently deprived of his French nationality’.
24. While in custody in France, Djamel Beghal was also convicted in absentia to a term of
prison in Algeria, but his extradition initially seemed impossible, not because he used
to be a French citizen, but because the case law of the ECtHR specifically prohibits
State parties from deporting persons deprived of their nationality to the State of which
they remain a national, when there is a risk of torture or degrading treatment’. Beghal
was eventually deported to Algeria where he was arrested upon landing for the purpose
of standing trial. In this case, the French government’s decision to deprive Djamel
Beghal of his French nationality was clearly intended to allow for his removal from
France, whether through extradition or deportation, as both means of removal were
conceivable at the time. Had there not been a risk of violation of the ECHR at the time
of the Algerian extradition request, he may well have been extradited as opposed to
deported a few years later, when that risk was eliminated.
25. In any case, the deportation of formerly French citizens shows that the loss of French
nationality prevents any retroactive application of domestic provisions which are
intended to protect French nationals, be it from deportation or extradition.
? https://www.lemonde. fr/societe/article/2018/07/1 6/incertitude-sur-le-sort-de-l-islamiste-djamel-beghal-qui-sort-
de-prison-lundi_5332053_ 3224. html
> ECtHR 3 December 2009, Daoudi v. France, application no. 19576/08.
or 4 sept. 2014, Trabelsi c. Belgique, req. n° 140/10, 17 janv. 2012, Othman c. Royaume-Uni, req. n° 8139/09. For
more details, http://www.revuedlf.com/cedh/eloignement-des-etrangers-terroristes-et-article-3-de-la-convention-
europeenne-des-droits-de-lhomme/
5
51, RUE AMPERE - 75017 PARIS - TEL. O1 88 33 Si 8O- FAX. Oi 88 33 5i BI
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
DOJ-OGR- 00002797
Document Details
| Filename | DOJ-OGR-00002797.jpg |
| File Size | 799.3 KB |
| OCR Confidence | 92.7% |
| Has Readable Text | Yes |
| Text Length | 2,547 characters |
| Indexed | 2026-02-03 16:27:16.558736 |