Legal Material

Elser v France, Council of State decision (first and final instance), 228817, 2nd and 1st ss, ILDC 768 (FR 2001), 7th November 2001, Council of State



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Whether Article 15 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment could be invoked in France to challenge an extradition decree.

Whether the fact that acts that were not political by nature but had been committed in the context of an armed independence struggle was sufficient to confer on them a political nature in the sense of Article 3 of the European Convention on Extradition.

Keywords: Human rights; Human rights, civil and political rights; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; International co-operation; Extradition and mutual assistance; International criminal law; Law of treaties; Treaties, application; Treaties, self-executing; Relationship between international and domestic law; International law and domestic law, direct effect

Legal Material.  3330 words. 

Subjects: International Criminal Law ; Public International Law ; International Law ; Law

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