Thursday 21 June 2012

France warns over extradition

French Foreign Ministry asks Cambodia for ‘clarifications on the motives’ for arrest of architect

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France warns over extradition

French Foreign Ministry asks Cambodia for ‘clarifications on the motives’ for arrest of architect

Ng Tze-wei and Agencies
21 June 2012

France warned Cambodia yesterday not to take any action without a clear legal basis after the arrest of a French architect with reported ties to disgraced former Chongqing party boss Bo Xilai.

The French action could complicate Beijing’s reported plan to extradite the architect, Patrick Henri Devillers.

“We have asked Cambodian authorities for clarifications on the motives for his arrest,” French foreign ministry spokesman Bernard Valero said in Paris. “We have made clear that we will be watchful that no legal action of any kind be brought against him unless its legal basis has been clearly established.”

A Cambodian government spokesman in Phnom Penh said it “needs evidence from China” before making a decision on extradition.

“In Cambodia he did not commit any wrongdoing,” interior ministry spokesman Khieu Sopheak said. “If there is no clear evidence he will be freed. We are waiting for evidence from the party that requested his arrest … We need evidence from China. We can hold him for 60 days.”

Phnom Penh police announced the arrest of Devillers, 52, on Tuesday, and said the arrest was “with the co-operation of China” and that China had requested his extradition. Police did not identify the charges against Devillers.

The Chinese Foreign Ministry said yesterday that it had “no information” about the arrest of Devillers.

The French Foreign Ministry said on Tuesday that it would offer him consular protection.

Eric Bosc, deputy to the French Foreign Ministry’s spokesman, said Devillers was arrested on June 13 and the French consul had daily visits with him but that the reason for his arrest remained unclear.

Devillers reportedly enjoyed close personal and business ties with Bo’s wife Gu Kailai, who is facing charges over the murder of British businessman Neil Heywood in Chongqing. Bo, meanwhile, has been placed under investigation for gross violations of Communist Party discipline. Both Devillers and Heywood belonged to a small circle of confidantes of Bo’s family.

It is unclear how Devillers is connected to the scandal surrounding Bo’s family but there has been speculation that Devillers might have used a company he set up in Luxembourg in 2006 to help Gu or others move money out of the mainland, The New York Times has reported.

The architect denied any wrongdoing when interviewed by Le Monde last month, and said Gu was “very articulate and brilliant”. He reportedly met Bo and his wife in Dalian in the 1990s, when Bo was the city’s mayor and Devillers was hired to help redesign the city.

When Gu set up a company in Britain in 2000 to select European architects for Chinese construction projects, Devillers was her partner. They also used the same address in Bournemouth.

International law experts on the mainland said that even if the French architect or France contested China’s extradition request it was still likely to succeed. “Under international law it all depends on Cambodia’s decision. The suspect has no say,” said retired Chinese Academy of Social Sciences professor Lin Xin.

China is one of the few countries Cambodia has signed an extradition agreement with. It does not have one with France.

And while both France and China have valid grounds for extradition - China because the alleged crime happened in China, and France because the suspect is French - international law usually gives priority to the country where the crime took place since it was easier to gather evidence, experts said.

Cambodia has friendly ties with Beijing and recently signed deals for loans worth about US$430 million.

Associated Press, Agence France-Presse, Bloomberg