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 • Ensures a person cannot evade justice simply by crossing borders
Association of South East Asian Nations Member Countries
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Obstacles to effective extradition • Weak/outdated extradition laws and treaties • Lack of criminality (e.g. people smuggling, pre-cursors) • Circumvention of extradition process • Communication and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 • 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?