Extradition procedure: a Requesting State now has a maximum of 40 days to file its request and supporting documents with the Monegasque authorities

In examining two extradition requests filed by Poland with the Principality of Monaco, the Court of Appeal, sitting in Chambers, has set a legal precedent, ostensibly with the aim of establishing an improved legal framework for these procedures, for the benefit of the individuals concerned.

By way of reminder, in Monaco, the extradition procedure is governed mainly by the European Convention on Extradition of 13 December 1957, and by Law No 1,222 on Extradition of 28 December 1999.

Under these two legal texts, a “Requesting State” may ask the Monegasque State to extradite an individual by filing an extradition request accompanied by supporting documents. These documents will determine the admissibility of the request.

However, neither of these two legal instruments places a time limit on the filing of an extradition request and supporting documents. Consequently, once initiated, an extradition procedure could, theoretically, remain pending until the Requesting State sends the request and supporting documents to the Monegasque authorities.

As a result, the individual concerned was, potentially, at permanent risk of extradition.

In this context, the Court of Appeal, sitting in Chambers, exercised its law-making power and imposed a strict time limit on the Requesting State’s obligation to provide the Monegasque authorities with the extradition request and its supporting documents.

In two judgments dated 10 January 2019 and 28 March 2019 respectively, the Court, sitting in Chambers, ruled that the maximum period during which an individual may remain under provisional arrest, which in these particular cases was 40 days, pursuant to Article 16.4 of the European Convention on Extradition, should also be treated as the maximum period of time within which the Requesting State must “communicate its extradition request, including the final required documents [...]”.

In conclusion, the Court of Appeal, sitting in Chambers, has made compliance with this deadline by the Requesting State, a pure and simple admissibility requirement of an extradition request.