The lawyer representing Paraguayan Senator Celeste Amarilla has claimed that France captain Kylian Mbappe could be extradited to Paraguay to face legal proceedings over alleged defamation, although the claim appears to have no legal basis under French law.
Guillermo Duarte Cacavelos made the assertion while defending Amarilla following the public dispute between the senator and the French forward.
According to the lawyer, Mbappe’s description of Amarilla as a “despicable woman” after she made racist remarks about him amounted to defamation that could be prosecuted in Paraguay.
Duarte said: “Celeste did not commit any punishable offence in Paraguay.
“Since what we consider defamation or slander is also a criminal offence in France, we can take legal action against Mbappé.
“He could be extradited to answer for his actions in Paraguay.”
The lawyer also argued that because the exchange took place on social media, it occurred “in a space that is neither Paraguayan nor French,” making it possible for Paraguayan courts to exercise jurisdiction.
He further insisted that his client had committed no crime under Paraguayan law.
Duarte said: “Celeste committed absolutely no act that is punishable in Paraguay.”
However, the extradition claim has been widely questioned on legal grounds.
Under Article 696-4 of the French Code of Criminal Procedure, France generally does not extradite its own citizens for offences allegedly committed while they were French nationals.
In addition, the 2003 extradition treaty between France and Paraguay requires that the alleged offence carry a minimum sentence of at least two years’ imprisonment before extradition can be considered, a threshold that defamation does not meet under French law.
Any extradition process would also require Paraguay to submit a formal request to the French authorities.
The legal dispute comes as the Paris Public Prosecutor’s Office has opened an investigation into Amarilla over her remarks about Mbappe.
The investigation concerns alleged public aggravated insult based on origin, ethnicity, nationality, race or religion, as well as alleged public incitement to hatred or violence.
French lawyer Philippe Coen, founder and president of the Respect Zone association, has also argued that Amarilla’s comments could fall within provisions of France’s Press Law of July 29, 1881, which provides penalties for public insults based on a person’s origin or perceived race, ethnicity, nationality or religion.
