Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
In 2008, in the “Disappeared of the Beach” case, France’s Criminal Chamber of the Court of Cassation held:
[T]he universal jurisdiction clause, based on the presence in France of the supposed perpetrator of an offence which is likely to fall within the provisions of the New York Convention [1984 Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment] … is strict and cannot be extended to the situation where the interested person has domicile or residence in France but where the condition of physical presence of this person at the commencement of the proceedings is not satisfied.