French Court Blocks Extradition of Bouteflika’s Former Minister to Algeria
French Court Blocks Extradition of Former Algerian Minister Abdesselam Bouchouareb
Table of Contents
- French Court Blocks Extradition of Former Algerian Minister Abdesselam Bouchouareb
- French Court Blocks Extradition of Former Algerian Minister: Q&A
- Why did the French court block the extradition of Abdesselam Bouchouareb?
- Who is Abdesselam Bouchouareb?
- What charges does Abdesselam Bouchouareb face in Algeria?
- What was the Algerian government’s argument for extradition?
- What was the defense’s argument against extradition?
- What is the hirak movement and how does it relate to this case?
- What was the prosecutor’s proposal regarding the extradition?
- How does the European Convention on Human Rights relate to this case?
- Summary of key Arguments
Aix-en-Provence, France (March 19, 2025) – The French justice system has rejected Algeria’s six requests for the extradition of Abdesselam Bouchouareb, the former Minister of Industry and Mines. Bouchouareb served under President Abdelaziz Bouteflika from 2014 to 2017. This decision effectively ends the extradition process.
Health Concerns halt extradition
The court cited significant health concerns as the primary reason for denying the extradition. The chamber of the instruction of the court of appeal of Aix-en-Provence emphasized the potential for “consequences of exceptional gravity” due to Bouchouareb’s age (72) and health condition. The court argued that extradition would violate Article 3 of the European Convention on Human Rights and Article 5 of the 2019 Franco-Algerian extradition agreement.
Algeria’s Pursuit of extradition
For nearly 18 months, Algeria has sought the extradition of Abdesselam Bouchouareb, who now resides in the Alpes-Maritimes region.The Algerian government aimed to have him serve five 20-year prison sentences and face prosecution in a sixth case involving economic and financial offenses.
Court Follows Prosecutor’s Recommendation
The chamber of the instruction of the court of appeal of Aix-en-Provence aligned with the prosecutor’s recommendation, wich opposed the extradition request during a hearing on March 5. According to the avocat général, Raphaël sanesi de Gentile, “The removal of Mr. Bouchouareb, who is seriously ill, would expose him, if not to a risk of life, (a risk) of rapid and irreversible decline in his state of health.”
Conflicting Arguments
Despite the prosecutor’s concerns, Me Anne-Sophie Partaix, representing Algeria, argued that judicial authorities had “given the necessary guarantees” to the French justice system on February 13. She insisted, “Mr. Bouchouareb stole money from the Algerians, he was convicted and must answer for his actions,” but her arguments were ultimately unsuccessful.
Defense Claims Political Motivation
Me Benjamin Bohbot, Bouchouareb’s lawyer, argued that “The political aspect (of this extradition request) is glaring; if we send Mr. Bouchouareb to Algeria, it is to die there.” He referenced the heavy prison sentences given to two former Prime Ministers and several government members in 2020.
Victim of Political Purges?
Bohbot has consistently portrayed his client as a victim of the “purges” following Bouteflika’s resignation, which was prompted by the Hirak protest movement in April 2019.
French Court Blocks Extradition of Former Algerian Minister: Q&A
This article explores the recent decision by the French court to block the extradition of Abdesselam Bouchouareb, former Algerian Minister of Industry and Mines, focusing on the reasons behind the ruling and the implications of this decision.
Why did the French court block the extradition of Abdesselam Bouchouareb?
The French court in Aix-en-Provence blocked the extradition of Abdesselam Bouchouareb primarily due to meaningful health concerns. The court cited that extraditing Bouchouareb, who is 72 years old, could have “consequences of extraordinary gravity” due to his age and health condition. The court argued that extradition would violate:
Article 3 of the European Convention on human Rights: Which prohibits torture and inhuman or degrading treatment or punishment.
Article 5 of the 2019 Franco-Algerian extradition agreement.
Who is Abdesselam Bouchouareb?
Abdesselam Bouchouareb is the former Minister of Industry and Mines in Algeria. He served under President Abdelaziz Bouteflika from 2014 to 2017. Algeria has sought his extradition to face charges related to economic and financial offenses.
What charges does Abdesselam Bouchouareb face in Algeria?
The Algerian government sought to have Abdesselam Bouchouareb:
Serve five 20-year prison sentences.
Face prosecution in a sixth case involving economic and financial offenses.
The charges relate to alleged corruption during his time in office.
What was the Algerian government’s argument for extradition?
Despite concerns raised about bouchouareb’s health, Algeria, represented by Me Anne-Sophie Partaix, argued that:
algerian judicial authorities had provided “the necessary guarantees” to the French justice system regarding his treatment in Algeria.
Bouchouareb “stole money from the Algerians” and “must answer for his actions”.
What was the defense’s argument against extradition?
The defense, led by Me Benjamin Bohbot, argued against the extradition on the grounds that:
The extradition request was politically motivated.
Sending Bouchouareb to algeria would be equivalent to a death sentence, given his health condition and the harsh prison sentences recently given to other former Algerian officials.
Bouchouareb is a victim of political purges following bouteflika’s resignation.
What is the hirak movement and how does it relate to this case?
The Hirak movement refers to the protest movement in Algeria that began in February 2019 and led to the resignation of President Abdelaziz Bouteflika in April 2019. Bouchouareb’s defense argues that he is being targeted as part of the “purges” that followed Bouteflika’s removal from power, suggesting a political motivation behind the extradition request.
What was the prosecutor’s proposal regarding the extradition?
The prosecutor, Raphaël Sanesi de Gentile (avocat général), recommended against the extradition. he stated that:
Removing Bouchouareb,who is seriously ill,would expose him,if not to a risk of life,to a risk of rapid and irreversible decline in his state of health.
The court in Aix-en-Provence followed this recommendation by rejecting Algeria’s extradition requests.
How does the European Convention on Human Rights relate to this case?
Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment, was cited by the French court. The court reasoned that extraditing Bouchouareb in his current health condition could be considered a violation of this article.
Summary of key Arguments
| argument | Pro Extradition (Algeria) | Against Extradition (Defense) |
| —————– | —————————————————————————————— | —————————————————————————————————————- |
| Main Point | Bouchouareb committed crimes and must be held accountable. | Extradition would endanger Bouchouareb’s health and is politically motivated. |
| Health | Guarantees provided for adequate medical care in Algeria. | Serious health condition makes extradition life-threatening.|
| Justice | bouchouareb stole money from the Algerian people and needs to face justice. | The request is part of a political purge following the Hirak movement. |
| Legal Basis | Relying on extradition treaties and the severity of the alleged crimes.| Cites Article 3 of the European Convention on Human Rights and the Franco-Algerian extradition agreement.|
This ruling highlights the complexities of extradition cases, particularly when health concerns and potential political motivations are involved.