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FRANCE-GABON AGREEMENT AND ART. 42 OF THE ANTRANANARIVO CONVENTION: A KEY TO COOPERATION ON EXTRADITION

Gabon may be taking a step towards strengthening its cooperation with other countries on extradition, but it has yet to inform the United Nations Secretary-General of its intentions.

According to sources, Gabon is considering the Antananarivo Convention (Art. 51), the CEMAC Extradition Agreement (Art. 16), and the France-Gabon Agreement (Art. 51) as a legal basis for cooperation on extradition. These agreements provide:

  • Provisional custody with a view to extradition
  • A simplified procedure under Part VIII of the Antananarivo Convention

Grounds for Refusal

The nationality of the person sought is an admissible ground for refusal, as stated in: + Art. 5 of the CEMAC Extradition Agreement + Art. 45 of the Antananarivo Convention

The principle of “aut dedere aut judicare” (extradite or prosecute) applies under these treaties and Gabonese law.

Fair Treatment

Fair treatment is ensured through: + The Constitution of Gabon (Art. 1, para. 23, on the presumption of innocence) + The adversarial principle (Arts. 22, 23, and 24 of the Code of Civil Procedure)

Political offenses are not extraditable under: + Art. 4(2) of the CEMAC Extradition Agreement + Art. 44 of the Antananarivo Convention

Refusal to Extradite

The grounds for refusal to extradite include requests made for reasons relating to: + The sex, race, or religion of the person sought (Art. 4, para. 2, of the CEMAC Extradition Agreement and Art. 48 of the Antananarivo Convention) + Political reasons (Art. 44 of the CEMAC Extradition Agreement and Arts. 47 and 49 of the France-Gabon Agreement)

MUTUAL LEGAL ASSISTANCE

Gabon has established a legal basis for mutual legal assistance through various agreements, including:

  • Act No. 003/2003
  • Multilateral and bilateral agreements on cooperation
  • The Antananarivo Convention

Central Authority

The Ministry of Justice is the central authority for mutual legal assistance in Gabon, although requests are usually received and sent through diplomatic channels.

Competent Authorities

ANIF is the competent authority with respect to money-laundering.

Gabon has joined the INTERPOL I-24/7 network, enabling the exchange of information between countries. Mutual legal assistance encompasses most elements listed in Art. 46 of the Convention, including: + Requests for evidence + Witnesses + Other forms of assistance

In practice, Gabon has executed requests made through letters rogatory and has referred to cases involving the Bank of Central African States.

Conclusion

The France-Gabon Agreement and Art. 42 of the Antananarivo Convention represent a significant step towards strengthening cooperation on extradition and mutual legal assistance between Gabon and other countries. As Gabon continues to develop its laws and practices in this area, it is essential that it remains committed to upholding international standards and ensuring fair treatment for all individuals involved.