Will the trial of the Rue des Rosiers attack take place in France?
The victims and their families have been waiting for it for more than 35 years.
Hope was revived on September 9 when a Norwegian citizen, Walid Abdulrahman Abou Zayed, suspected by the French courts of being one of the perpetrators of the attack, was arrested by Norwegian police.
This 61-year-old man - Palestinian by origin and naturalized Norwegian in 1997 after 7 years of residence in the country - is suspected of being one of the shooters who attacked the restaurant Jo Goldenberg, rue des Rosiers, in the Jewish quarter historic Paris, August 9, 1982. The attack, which left 6 dead and 22 wounded, was attributed to Abu Nidal, a Palestinian dissident group of the Palestine Liberation Organization (PLO).
Read also: Attack rue des Rosiers: Norwegian justice gives the green light to the extradition of a suspect
Already in 2015, the Paris counterterrorism unit issued four international arrest warrants targeting suspects in Jordan and Norway, in particular.
At the time, Norway refused to extradite Walid Abdulrahman Abou Zayed.
The outcome could be different this time.
The court ruled for the first time in favor of his extradition on September 25.
Judge Pernille Wold Ellingsen thus considered that
“the conditions for extradition to France”
were met.
Decision confirmed by the Borgarting Court of Appeal, which on Friday rejected the appeal of Walid Abdulrahman Abou Zayed.
The suspect could now take the case to the Norwegian Supreme Court.
No reciprocity
If his extradition is now possible, it is thanks to the agreement of June 28, 2006 between the European Union, the Republic of Iceland and the Kingdom of Norway relating to the surrender procedure between the Member States of the European Union and Iceland and Norway.
This agreement, which entered into force on 1 November 2019 only, greatly facilitates the extradition procedure for Norwegian nationals.
“Since then, the European arrest warrant has had equal effect in Norway, a non-EU member country, as in any member country,”
explains Lars Eirik Mork, Norwegian criminal lawyer.
“Previously, European arrest warrants did not work in Norway, which therefore did not extradite its nationals
, adds Me Romain Boulet, lawyer for victims of the attack.
When the arrest warrant was issued in 2015, the suspect was interviewed, he said he didn't want to go to France and it didn't go any further. "
However, certain conditions must be met
.
“First of all, the offense must be punishable by a sentence greater than or equal to one year,”
explains Lars Eirik Mork.
Then, the warrant must be issued by a competent authority in France and, according to Norwegian law, a legally binding extradition decision must, if possible, be made no more than 45 days after an arrest.
There are several reasons to invoke for not accepting this extradition such as the health of the person, the prescription or the lack of reciprocity. ”
And, it is this last condition that could pose a problem: Abou Zayed's lawyer, Ole-Martin Meland, contested the extradition of his client, assuring that it was not legal since France does not 'extradited its nationals to Norway.
The lawyer described the French extradition request
"extremely poor"
arguing that the facts were prescribed in Norwegian law but also that his client was in poor health and that he would provide
"two serious psychiatric diagnoses".
However, the Borgarting Court of Appeal did not take these arguments into account in dismissing the appeal.
The decision could now be taken to the Norwegian Supreme Court, which would be forced to respect a certain deadline.
Norway has 60 days from the suspect's arrest to make its final decision on the execution of the European arrest warrant.
"The Supreme Court can rule in the last instance and it is possible that the current case can be completed rather quickly,"
assures Me Lars Eirik Mork
.
She has already rendered a decision 11 days after the appeal. ”
"Hope" and "skepticism" of the victims
If the Supreme Court rules in favor of extradition, the Norwegian Ministry of Justice would still have to give the green light.
"The legal action is only about the authorization, then it is a government decision to implement this extradition or not
," explains the Norwegian lawyer.
However, without the authorization of the courts, the government can do nothing.
It is moreover the Ministry of Justice which will have to decide whether or not to use the right not to extradite one's national to a country which does not apply reciprocity ”
And, even if Walid Abdulrahman Abou Zayed were to be extradited, there is no guarantee that the trial would take place.
“He will be forced upon his arrival to answer questions from the magistrate who will indict him.
Then the latter will decide if he has enough elements for him to be indicted or not.
He will answer the judge but, then, the investigating magistrate could theoretically decide after six months or a year to pronounce an order of dismissal ”,
notes Me David Père, lawyer of the French Association of the victims of terrorism , civil party during the trial.
"The European arrest warrant can however be issued only when there are serious and consistent clues
," adds Me Romain Boulet.
So we're pretty sure there will be an indictment even if that doesn't mean there will be a trial.
But an examining magistrate does not issue an arrest warrant on charges that are light.
And then the other clue is that Norway has chosen to detain him.
This is a strong signal sent by the Norwegian justice. ”
If the two lawyers remain cautious, however, they hope that their clients can finally have a trial.
"If only one person is presented during a trial, then the three other suspects may also be convicted by default,"
indicates Me David Père.
It would be a great satisfaction. ”
On the other hand, if Walid Abdulrahman Abou Zayed is sentenced, he will not necessarily be sent to a French prison.
Extradition may in fact be accompanied by a requirement that the offender serve his sentence in Norway.
“The victims and their relatives are still very measured in their joy because they have been scalded in the past,”
recalls the lawyer.
So it's a double feeling: hope but also a lot of skepticism. ”