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A study on the effectiveness of extradition within the ASEAN region

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

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  1. A study on the effectiveness of extradition within the ASEAN region Ciara Henshaw

  2. 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

  3. Association of South East Asian Nations Member Countries

  4. 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.

  5. Extradition legislation

  6. Extradition relationships within the ASEAN region

  7. Comparison of key aspects of extradition legislation

  8. Obstacles to effective extradition • Weak/outdated extradition laws and treaties • Lack of criminality (e.g. people smuggling, pre-cursors) • Circumvention of extradition process • Communication and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

  9. 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?