Extradition from Russia to France—Jeannot Hoareau

A French psychotherapist living and working in Moscow for the past seven years is wanted in France “after being convicted in absentia last year of sexually abusing several female patients.”^[1] Jeannot Hoareau, however, believes the case is “politically motivated” and he is hoping to be granted asylum in Russia, rather than be extradited back to France.^[2]

M. Hoareau is “a specialist in forensic psychiatry and sexual disorders,” and after being convicted and sentenced in absentia, an Interpol red notice was issued.^[3] He maintains that the prosecution is politically motivated because of his family’s ties to the French Communist Party—his father was a Communist official from Reunion Island.^[4] Nonetheless, he apparently has admitted to having consensual sex with one patient, and says that “the other four [patients] had imagined he had abused them because of their psychological problems.”^[5]

Extradition just might be a problem for France. According to M. Hoareau’s lawyer, Russia signed the European Convention on Extradition with several reservations, one of which is that “Russia does not extradite a person who has been deprived of elementary legal rights during legal proceedings conducted in the country where the individual originates from.”^[6] They are arguing that a conviction in absentia counts as a deprivation of elementary legal rights.^[7]

They have a valid argument. Under Article III of the Second Protocol to the European Convention on Extradition, an extradition request of a person “for the purpose of carrying out a sentence or detention order imposed by a decision rendered against him in absentia the requested Party may refuse to extradite for this purpose if, in its opinion, the proceedings leading to the judgment did not satisfy the minimum rights of defence recognised as due to everyone charged with criminal offence.”^[8] If the requesting gives an assurance, however, that is considered sufficient to guarantee to the person clamed the right to a retrial which safeguards the fights of defence, then “extradition shall be granted.”^[9]

The reservations referred to by M. Hoareau’s attorney state that the Russian Federation will refuse extradition if the person sought “will not be deprived with minimum guarantees set forth in Article 14 of the International Covenant on Civil and Political Rights and Articles 2, 3 and 4 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. ^[10]

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[1] Francesca Mereu, French Therapist Held in Sex Case, The Moscow Times, Apr. 11, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] French Psychotherapist Rapes Hypnotized Patient and Escapes to Russia, Pravda.ru, Apr. 11, 2006.
[7] Id.
[8] Second Additional Protocol to the European Convention on Extradition, Mar. 17, Art. III, para. 1, 1978, E.T.S. no. 098.
[9] Id.
[10] Reservation Contained in the Instrument of Ratification Deposited on 10 December 1999.