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Speak to us if you require an extradition law firm in Thailand. We can be your extradition lawyers in Bangkok. You are going to need to have an extradition lawyer in Bangkok as the process is very complex. Likewise see also the Thai extradition laws which we have added to this website. Always consult extradition lawyers in Bangkok.
The extradition process occurs when one country is asking another country to deliver a specific person to them. The person would be wanted after being convicted for a crime. The person could also have been accused of comitting a crime. Read the Thai extradition laws and you will note that the Thai side will not normally allow political prisoners to be transferred unless they tried or did commit a crime against a political figure. There are also treaties which need to be respected. Our law firm based in Bangkok, specializes in representing our clients in complex extradition cases.
There are a number of countries which Thailand has entered into bilateral extradition treaties. These have been signed with 14 countries. These include the United States, the United Kingdom, Canada, Australia, South Korea, China, and France. Additionally these treaties allow for both sides to handle extradition requests as well as specify the terms under which individuals can be surrendered. These tend to be for murder as well as committing fraud. Additionally, Thailand has also signed multilateral agreements. These on the bases of reciprocity with countries that lack a formal treaty.
Extradition Statistics
In terms of extradition stats you will note that Thailand has handled a significant number of extradition requests. The stats below might be of interest to you.
• Thailand has extradited more that 200 people in the past 10 years.
• Most of the countries have been the United States (about 30%), China, and Australia.
• Likewise in 2023 there has been 18 extraditions to the US, 12 to China, as well as 8 to Australia.
Interpol and International Cooperation
Over the years Thailand has arrested many on Interpol arrest warrants. Likewise we can also see that Thailand actively collaborates with Interpol to track and arrest individuals with international warrants. We have an article on Interpol arrest warrants on this website. When it comes to Southeast Asia then we could see Thailand as the regional hub for Interpol. Lastly between 2020 and 2024, Thailand has arrested over 500 individuals. This from the Interpol Red List.
The Extradition Act B.E. 2551 (2008) which you can also see a summary version of this on the website. This Act governs the process and conditions for extradition in Thailand. We are going to highlight some of the issues that are important in the Act.
• Dual Criminality: Firstly there is the issue that the crime must be illegal in Thailand as well. So yes, it must be illegal in Thailand as well as in the country requesting the extradition. The most common today tends to be murder, fraud and drug trafficking..
• Non-Political Offenses: I do not recall an extradition in Thailand where someone was extradited from Thailand for a political offence. There was one locally for attempting to murder an Asian political leader. This however is allowed and it is written in the extradition laws itself.
• Fair Trial Guarantees: There has to also be the issue that requesting country must ensure that the individual will receive a fair trial. Likewise the person will also not face torture or any inhumane treatment.
• Limitations on Capital Punishment: Lastly if the person faces the death penalty. Then the Thai government may require assurances that the death penalty is not an option. This might sound controversial as Thailand itself still has the death penalty. We will write more on this later.
The initial process for extradition goes through the Department of Foreign Affairs in Thailand. This is a diplomatic process which is normally started by the requesting country. The following documentation will be needed for the request.
· The formal arrest warrant of the person or the judgment.
· Likewise you will need the evidence substantiating the alleged offense.
· Lastly assurances regarding the treatment and rights of the individual
You can also read thought the extradition law in Thailand on this website. The person will need to be humanely treated post extradition from Thailand. We have covered these on many articles on here.
Note also that if this is a prisoner transfer that you cannot ask or request a transfer if the case is not final. This is where there is still an appeal pending on the crimes you committed in Thailand. We have written about this as well.
Once the Thai government gets a request for extradition from Thailand it is forwarded to the Thai Attorney General. He need to check that is meets the legal requirements under the treaties as well as Thailand Extradition Act. You can read the extradition act as it lists all the requirements that need to be met. In addition, above we have already cover some of the aspects.
If the request is valid then a petition needs to be filed with the criminal court. You can see a breakdown of the Thai criminal justice system on here as well. The court must again check that Thai laws have been complied with. Does it fit the treaty and Thai law. Note that the person being extradited has the tight to a lawyer and to contest the request.
If the person does ot agree with the court then they can appeal tot he higher courts. The Court of Appeal and the Supreme Court. Note however that the appeal would be based on either a procedural error or what the person may consider to be an incorrect interpretation of the treaty. Likewise there is also the possibility of human rights violations.
Once the process is complete and the extradition is approved. The extradition order is executed. The only thing left is co-ordinating with the requesting country to initiate the transfer. See below as we explain by example what many of these issues might be as well as example to understand the process when objecting to am extradition order.
Evidentiary Issues
When the courts do not accept the evidence to show probable cause. Likewise where the evidence is not sufficient. Then the court can reject the request. Note that any evidence obtained though coercion or illegal means is not permissible as evidence. Likewise also check the legal translation into Thai with your evidence.
Human Rights Concerns
If there is a human rights concern then this may also invalidate the request if the court believes that the person may face an unfair trial or torture.
Political Implications
With some extradition cases there might be a political twist. This can create issues as there will be a balance between the diplomatic relations balanced again the legal principles. For this reason an extradition lawyer should be your first call.
Role of Extradition Lawyers
The role of extradition lawyers in Thailand is to ensure that your rights are looked after. Extradition is a complex issue that balances between diplomatic relations, treaty interpretation and human rights once extradited. Our law firm in Bangkok ensures that your rights are cared for during the process.
Legal Representation
We represent our clients at all stages of the extradition process. This is from when the process starts as explained in step 1 above. You have the right to object as well as to have the laws and conditions reviewed in the criminal courts. You may even appeal this ruling from the criminal court. Our lawyers meticulously analyze the requesting country’s documentation as well as identify potential legal and procedural flaws.
Case 1: Business Fraud Allegations
There was a prominent businessman who fled to Thailand because he was accused on financial fraud. This was in the early days of crypto. He challenged his extradition on the bases that the evidence they had was insufficient and there was also human rights issues. During the initial stages before it went to the criminal court, he made his case as to why he should not be extradited. The criminal court denied the extradition.
Case 2: Political Activist
One case involved a political dissident who was accused of alleged offences. The argument was that this was a political dispute and not a criminal matter. He would also face persecution in his home country should he be extradited. The Thai courts upheld the arguments in the matter and he was not extradited.
It is well within your rights to fight an extradition. The conditions of the treaty as well as the Extradition Act clearly states what is not allowed when it comes to extraditing people from Thailand. If you feel that you have been accused of a crime that has weak evidence or that it is a political witch hunt, then you have the right to fight your extradition.
If you need an extradition lawyer in Thailand, then speak to us today online or in person.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.
