Strict criteria and limits set for extradition of fugitives

The Straits Times, April 28, 2007

What the two treaties are about: Strict criteria and limits set for extradition of fugitives


THE Extradition Treaty sets out a list of crimes for which fugitives can be extradited or handed over from Singapore to Indonesia, and vice versa.

These crimes, which are currently covered in Singapore's Extradition Act, include murder, inflicting grievous hurt, rape, kidnapping, bribery and other related acts of corruption, arson, forgery, stealing, embezzlement, money laundering, fraud, robbery, hijacking of ships and aircraft and terrorism financing.

The treaty also sets out the evidence required for an extradition to be effected.

The onus is on the country making the request to provide such evidence.

The request cannot be acted upon if there is insufficient evidence that the fugitive committed the offence in question, or if the request appears to be based merely on suspicion.

The treaty also contains an extensive set of safeguards to ensure that only genuine or bona fide extradition requests will be entertained.

For example, extradition must be refused in cases where one country believes that the request is made for the purpose of prosecuting or punishing the person sought on account of his race, religion, nationality, ethnic origin or political opinions.

However, the exception for an offence of a political character does not cover persons accused of murder or terrorist acts.

Extradition will also be refused if the fugitive is involved in an ongoing investigation in Singapore or is being lawfully detained under Singapore law, although a second request may be made when these circumstances no longer apply.

Extradition can also be refused if the fugitive is a national of the country to which he has fled.

But this right of refusal does not apply if the offence is one against laws relating to terrorist acts, or one of bribery and other related acts of corruption, or if the offence took place within the territory of the country making the extradition request.

The extradition procedures are as set out in the Extradition Act. Upon being satisfied that there is a genuine case for extradition, the Law Minister will give notice to a magistrate, who will then issue an arrest warrant. The magistrate will then decide on the case. The person can appeal to the High Court for a review.

The Extradition Treaty will have to be ratified by the Indonesian Parliament.