Facts
On May 3, 2002, the French Embassy in Switzerland requested the extradition of X., a French national born in 1983, for gang theft and violent theft resulting in death. X. opposed his extradition, citing his young age and the fact that he had grown up in Switzerland, where he had completed his education and begun an apprenticeship. The juvenile judge of the canton of Fribourg was willing to assume the prosecution of the offenses committed in France, but the French authorities maintained their request for extradition.
The appellant filed an administrative law appeal against the decision of the Federal Office of Justice (FOJ) to grant extradition, citing in particular the reservation made by France regarding Articles 1 and 2 of the European Extradition Convention (ECHR) and Articles 3 and 8 of the European Convention on Human Rights (ECHR).
Considerations
The Federal Court rejected the appeal, considering that Article 37(1) of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) does not apply with regard to a State party to the ECHR. The reservation formulated by France regarding Articles 1 and 2 of the ECHR does not allow for refusal of extradition for reasons related to the age of the person concerned and the nature or modalities of the sentence or measure imposed.
The Federal Court also considered that Articles 3 and 8 ECHR do not guarantee the right to be tried in the State offering the best chances of reintegration. The ECHR does not guarantee the right not to be…