At least five French nationals, including one woman, are on death row in four states around the world: one in Algeria, one in China, one in Indonesia, and two in Morocco. The death penalty thus continues to affect French citizens abroad, as well as their families and friends at home.
These five French nationals were sentenced in different countries, at different times, for different crimes and in contrasting contexts. The level of information about them also varies, with some countries going so far as to criminalise the disclosure of information about the death penalty.
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Over the last five years, at least 13 French citizens sentenced to death abroad (Indonesia, United States and Iraq) have reportedly had their sentences commuted.
On 26 November 2024, the Indonesian Minister of Legal Affairs and Human Rights, Yusril Ihza Mahandra, stated that he had received an official request from the French authorities for the transfer to France of Serge Atlaoui, who has been sentenced to death in Indonesia since 2007.
How can a French national be sentenced to death abroad?
Because individuals are subject to the law in force in the territory on which they are present, regardless of their nationality. Thus, where an offence carries the death penalty under that country’s legislation, a French national can be sentenced to death.
- The grounds of conviction vary (terrorism, drug-related offences, unknown), as does the length of time individuals have spent in prison since sentencing: some have been on death row for almost 30 years.
- Some of them are at risk of execution: While no executions have been recorded in Algeria or Morocco since 1993, China is the world’s leading executioner. Indonesia and China have also regularly executed foreigners, particularly those convicted of drug-related crimes.
- Under the 1963 Vienna Convention on Consular Relations, ratified by France as well as Algeria, China, Indonesia, Iraq, Morocco and the United States, French nationals detained in these countries are entitled to consular protection (or assistance).