Khaled Sassi, father of little Eya kidnapped near Grenoble, could be in Sweden or Tunisia. A way to avoid French justice? Not so sure.
“The information in our possession suggests that the father, his accomplice and the child are now abroad”: the day after the kidnapping of little Eya, kidnapped near Grenoble, the investigation is moving towards a escape of the trio outside of France. This Friday, May 26, 2023, the public prosecutor of Grenoble suggested that the border would have been crossed. But to where? Two destinations are emerging as a priority: Sweden and Tunisia. These are indeed the two countries of which Khaled Sassi, the father of the child, has the nationality. The mother claimed that the girl also had these two nationalities, as well as French nationality. The flight abroad, if it were to be confirmed, could it prevent the mother from seeing her daughter again one day? At this stage, no arrest warrant has yet been issued. Neither an arrest on a foreign territory – for these facts – nor an extradition can therefore yet take place. When the warrants are obtained, the situation may not be the same depending on the country in which Khaled Sassi, his daughter, and the accomplice are located.
With Sweden, a possible extradition agreement…
In the event of a departure for Sweden, the French justice could probably hope to obtain an extradition, if the trio were to be located. The country is indeed a member of the European Union which, as such, facilitates cooperation with France in this type of case. If a European arrest warrant is signed, the law introduced in 2003 in the kingdom on the surrender by Sweden of a wanted national present on its territory then applies. The basic principle states that dual criminality is necessary for extradition to be granted, that is to say that the offense for which the person is prosecuted must exist in both countries.
However, there are exceptions where dual criminality is not required. In this case, “the discount is granted even if the offense does not constitute an offense under Swedish law”, specifies the law. Among them, kidnapping, the offense for which Khaled Sassi is wanted. If he is in the country, the 50-year-old could therefore be handed over to France.
…much more complex with Tunisia
On the other hand, if Khaled Sassi is in Tunisia with his daughter and his accomplice, the deal could be more complicated for the French authorities. The two countries have signed a Convention on mutual legal assistance in criminal matters and extradition. But this text, which dates from 1972, is rather vague. In particular, it is stated that “the high contracting parties do not extradite their respective nationals.” Concretely, Eya’s father being Tunisian, the authorities could refuse to hand him over to France.
Especially since Tunisia could decide itself to prosecute the alleged perpetrator of the kidnapping. The Convention provides that “if the person whose extradition is requested is a national of the requested State (Tunisia), this State, at the request of the requesting State (France), submits the case to its authorities authorities, so that legal proceedings may be taken, if necessary, against this person.” Whether or not Khaled Sassi is handed over to France by Tunisia – if he is there – could therefore be more a political decision than a judicial one.