a study on the effectiveness of extradition within the asean region
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A study on the effectiveness of extradition within the ASEAN region. Ciara Henshaw. Extradition. The formal surrender by one state at the request of another of a person accused or convicted of an offence committed within the jurisdiction of the requesting state A key tool to fight crime

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extradition
Extradition
  • The formal surrender by one state at the request of another of a person accused or convicted of an offence committed within the jurisdiction of the requesting state
  • A key tool to fight crime
  • Ensures a person cannot evade justice simply by crossing borders
why is there a need for effective extradition in the asean region
Why is there a need for effective extradition in the ASEAN region
  • Increase in transnational crime
  • Many ASEAN countries are transit hubs
  • To ensure that criminals cannot evade justice simply by crossing borders.
  • To effectively combat domestic and transnational crime, including terrorism, with appropriate safeguards.
obstacles to effective extradition
Obstacles to effective extradition
  • Weak/outdated extradition laws and treaties
  • Lack of criminality (e.g. people smuggling, pre-cursors)
  • Circumvention of extradition process
  • Communication and coordination problems between domestic agencies and between States
  • Burdensome evidentiary requirements of Requested States that are not familiar to or well understood by Requesting States
  • Countries have widely differing preconditions for granting extradition
  • Non-extradition of nationals
  • Length, complexity, cost and uncertainty of extradition process
  • Lack of awareness of national/international extradition law and practice
  • Language – translated extradition requests and attached materials are costly, usually done under tight deadlines and prone to critical interpretation errors
next steps
Next steps
  • Develop an appropriate model for more effective extradition in the region
  • Key issues to be considered:
      • What are the characteristics and critical success factors of other regional schemes?
      • What would be the critical success factors and essential characteristics of a more effective extradition scheme in the ASEAN region?
      • Are there any regional characteristics that may inhibit the operation of such a scheme in the ASEAN region?
      • Are there any other initiatives which may increase the effectiveness of extradition in the ASEAN region?
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