French Police interviewing in Ireland in relation to a crime...

HellFireClub

Hope it's ok to mention this on here, it being a public interest matter I suppose.

As we know, French investigators have arrived in Ireland to carry out an overview of the Sophie Tuscan Du Plantier murder case, and this overview will include interviewing people who previously gave a statement to Gardai when the crime was originally investigated several years ago.

I'm curious as to how this can actually happen, and how someone who previously gave a statement, might feel at being approached by French investigators, who I am assuming are properly authorised French Police officers.

My own view on this would be, if I were previously interviewed, that I am only obliged by law to cooperate with police who are lawfully appointed police members within the jurisdiction that I reside in. While I fully understand the need of the family to get justice, where it is available as a remedy, I still believe in due process and the rule of law, and it's my understanding that the rule of law does not provide for a foreign police force arriving here and directing, albeit with the cooperation of gardai, a criminal investigation.

I'd be interested in hearing the views of others on this, as I said, it seems to me that it's a matter of public interest, and for the avoidance of doubt, I have no connection with this case whatsoever in terms of any previous or current investigation.

mystiq

There are relevant international laws in place allowing police from other country to investigate after allowing permit from local police force. They could also apply for arrest varrant / extradition of "key witness". (I'm probably wrong here... i had only 3 lectures on public international law so far and all we did was course outline and rights to self-determination).

Also, what's a big deal of re-testifying to foreign police force if it's serving a good purpose? I think that only person who might have something against it would be a person who might be end up in trouble from doing so, etc.

ResearchWill

Ireland is a party to a number of international treaties to allow police from other jurisdictions to come and investigate crimes here. From my understanding it can only be done with consent of Irish police.

Also I believe there are only 2 options, the first is that the police from the other country sit in on interviews, but the interviews are done by the Irish.
The second way which is from what I have heard the way this investigation is being conducted, is that the French do the interviewing, but the person being interviewed can refuse to be so questioned. I believe that a number of people have declined to be interviewed as is their right.

HellFireClub

ResearchWill wrote: »

Ireland is a party to a number of international treaties to allow police from other jurisdictions to come and investigate crimes here. From my understanding it can only be done with consent of Irish police.

Also I believe there are only 2 options, the first is that the police from the other country sit in on interviews, but the interviews are done by the Irish.
The second way which is from what I have heard the way this investigation is being conducted, is that the French do the interviewing, but the person being interviewed can refuse to be so questioned. I believe that a number of people have declined to be interviewed as is their right.

I understand that, I just think that if you commit a crime, you can only be convicted on the basis of a crime having been committed in that jurisdiction and not in another jurisdiction. So it follows that the police force in the jurisdiction that you live, is the appropriate police force to investigate a crime, and none other.

ResearchWill

HellFireClub wrote: »

ResearchWill wrote: »

Ireland is a party to a number of international treaties to allow police from other jurisdictions to come and investigate crimes here. From my understanding it can only be done with consent of Irish police.

Also I believe there are only 2 options, the first is that the police from the other country sit in on interviews, but the interviews are done by the Irish.
The second way which is from what I have heard the way this investigation is being conducted, is that the French do the interviewing, but the person being interviewed can refuse to be so questioned. I believe that a number of people have declined to be interviewed as is their right.

I understand that, I just think that if you commit a crime, you can only be convicted on the basis of a crime having been committed in that jurisdiction and not in another jurisdiction. So it follows that the police force in the jurisdiction that you live, is the appropriate police force to investigate a crime, and none other.

Both Ireland and France have Extra-Jurisdictional crimes, for example it is a crime in France to kill a French citizen no matter where in the world. Ireland it is a crime to abuse children anywhere in the world, sexual offences jurisdiction act 1996. So if it comes to light that an Irish person travelled to another country and abused children, the Guarda may travel there to gather evidence.

There are many crimes that have multi jurisdictional issues, fraud, drugs, person trafficking and illegal weapons to name a few.