Model ASEAN Extradition Treaty (2018)

Model ASEANASEAN The Association of Southeast Asian Nations. Members: Brunei Cambodia Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam Extradition TreatyTreaty Vienna Convention on the Law of Treaties (VCLT) > It means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

Endorsed by the 10th ASEAN LawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article Ministers Meeting (ALAWMM)
12 October 2018
Vientiane, Lao PDR

TREATY ON EXTRADITION

BETWEEN

The Government/State of ____________________

AND

The Government/State of ____________________

The Government/State of ____________________ and the Government/State of ____________________, each hereinafter referred to as a “Party” and collectively as the “Parties”,

PREAMBLE

[The Preamble would typically state the Parties’ shared goals, such as strengthening cooperation in the suppression of crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. and agreeing to mutually extradite offenders.]

HAVE AGREED as follows:

TABLE OF CONTENTS

ARTICLE 1 OBLIGATION TO EXTRADITE
ARTICLE 2 EXTRADITABLE OFFENCES
ARTICLE 3 BASIS FOR EXTRADITION
ARTICLE 4 MANDATORY GROUNDS FOR REFUSAL
ARTICLE 5 DISCRETIONARY GROUNDS FOR REFUSAL
ARTICLE 6 EXTRADITION OF NATIONALS
ARTICLE 7 THE REQUEST AND SUPPORTING DOCUMENTSDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023)
ARTICLE 8 PROVISIONAL ARREST
ARTICLE 9 ADDITIONAL INFORMATION
ARTICLE 10 CONFIDENTIALITY
ARTICLE 11 AUTHENTICATION
ARTICLE 12 LANGUAGE OF DOCUMENTATION
ARTICLE 13 CONCURRENT REQUESTS
ARTICLE 14 ARRANGEMENTS FOR SURRENDER
ARTICLE 15 SIMPLIFIED EXTRADITION PROCEDURE
ARTICLE 16 POSTPONEMENT OF SURRENDER
ARTICLE 17 SPECIALTY AND RE-SURRENDER
ARTICLE 18 SURRENDER OF PROPERTY
ARTICLE 19 REPRESENTATION AND EXPENSES
ARTICLE 20 CONSULTATION
ARTICLE 21 SETTLEMENT OF DISPUTES
ARTICLE 22 AMENDMENTS
ARTICLE 23 RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
ARTICLE 24 ENTRY INTO FORCE AND TERMINATION

ARTICLE 1

OBLIGATION TO EXTRADITE

1. Alternative A: The Parties agree to extradite to each other, in accordance with the provisions of this Treaty and subject to the requirements of their respective laws, any person who is found in the territory of the Requested Party and is wanted in the Requesting Party for the purpose of prosecution or imposition or enforcement of a sentence in respect of an extraditable offence.
   Alternative B: The Parties agree to extradite to each other, in accordance with the provisions of this Treaty, any person who is found in the territory of the Requested Party and is wanted in the Requesting Party for the purpose of prosecution or imposition or enforcement of a sentence in respect of an extraditable offence.
2. For the purpose of this Treaty, the ‘territory of a Party’ includes its land territory, internal waters, and territorial sea.
3. Alternative A: This Treaty shall apply to requests for extradition made after its entry into force, regardless of the date of the commission of the offence.
   Alternative B: This Treaty shall apply to requests for extradition made after its entry into force, but shall not apply to any offence committed prior to that date.

ARTICLE 2

EXTRADITABLE OFFENCES

1. List-Based Approach (Alternative A): An offence is extraditable if it is punishable under the laws of both Parties by imprisonment for not less than [12/24/48] months and falls within the following categories:
   • (i) Murder, manslaughter, culpable homicide;
   • (ii) Wounding, grievous bodily harm, assault;
   • (iii) Sexual offences, including rape and indecent assault;
   • (iv) Kidnapping, abduction, false imprisonment, slave trading;
   • (v) Offences against children;
   • (vi) Bribery and corruption;
   • (vii) Arson; counterfeiting; forgeryForgery In a legal and moral sense (Lat. falsum),  it is the utterance or publication, with intent to deceive or defraud, or to gain some advantage, of a false document, put out by one person in the name of and as the genuine work of another, who did not execute it, or the subsequent alteration of a genuine document by one who did not execute the original. This species of falsification extends alike to all classes of writings, promissory notes, the coin or currency of the realm, to any legal or private document, or to a book.;
   • (viii) Theft, embezzlement, fraud, robbery, blackmail;
   • (ix) Offences against bankruptcy or company law;
   • (x) Malicious damage to property;
   • (xi) Offences endangering the safety of aircraft, ships, or airports;
   • (xii) Piracy;
   • (xiii) Offences relating to psychotropic substances, dangerous drugs, or narcotics;
   • (xiv) Terrorism financing and terroristTerrorist The term refers to any natural person who: (i) commits, or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and wilfully; (ii) participates as an accomplice in terrorist acts ; (iii) organises or directs others to commit terrorist acts; or (iv) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and to further the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. acts;
   • (xv) Perjury, conspiring to defeat justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία);
   • (xvi) Burglary or house-breaking;
   • (xvii) Aiding, abetting, attempting, or conspiring to commit any of the above.
   Threshold-Based Approach (Alternative B): An offence is extraditable if it is punishable under the laws of both Parties by imprisonment or other deprivation of liberty for a maximum period of at least [one/two] year(s), or by a more severe penalty.
2. For the enforcement of a sentence, extradition shall be granted only if at least [six/twelve] months of the sentence remains to be served.
3. An offence is extraditable if it was considered as such under the laws of both Parties at the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ it was committed and at the time the extradition request is received.

ARTICLE 3

BASIS FOR EXTRADITION

1. For Accused Persons:
   • Alternative A: Extradition shall be granted if the evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 is sufficient, according to the laws of the Requested Party, to justify prosecution.
   • Alternative B: Extradition shall be granted if the evidence meets the evidentiary standard of the Requested Party.
   • Alternative C: Extradition shall be granted if there is sufficient evidence, but neither Party shall be required to prove a prima facie case.
2. For Convicted Persons: Extradition shall be granted upon proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs. of the conviction and sentence, and that the person sought is the person convicted.

ARTICLE 4

MANDATORY GROUNDS FOR REFUSAL

Extradition shall not be granted if:
(a) The offence is of a political character;
(b) The person has been acquitted, pardoned, or has already undergone punishment for the offence (non bis in idem);
(c) The person would be tried by an ad hoc or exceptional tribunal;
(d) The offence is purely a military offence;
(e) The request is made for the purpose of prosecuting or punishing a person on account of their raceRace It is a major subdivision of mankind, regarded as having a common origin, and is made up of individuals who have a relatively constant combination of physical traits that are handed on from parents to children. Ethnicity and race are often thought of as one and the same, but they do not consistently have the same meaning. Ethnicity refers to cultural features while race has biological as well as cultural components., religionReligion ‘The word ( θρησκεία) -Re Legion (Latin)- A group or Collection or a brigade, is a social-cultural construction and substantially doesn’t exist. Catholic religion (संघवाद) is different from the Protestant religion (संघवाद). Dharma is not Religion (धार्मिक संगठन). "Religion" occurs 5 times in 5 verses in the KJV. Hindu Religion means in the indian language is हिंदू धार्मिक संगठन. Deen in Islam., nationality, ethnicEthnic It is indicative of more than the personal distinctiveness derived from race, religion, national origin, or geography. It denotes the culture of people that powerful yet subtle factor that shapes values, attitudes, perceptions, needs, modes of expression, patterns of behavior, and identity. An ethnic group is actually "a distinct category of a population in a larger society whose culture is usually different" from that of the larger society. The common bond of an ethnic group may be related to race but can also, or instead, be bound to a common culture or nationality. origin, gender, status, or political opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion.;
(f) The person would not receive a fair trialFair trial The principle is fundamental, encompassing the right to a fair and public hearing within a reasonable time by an independent and impartial court. The European Court of Human Rights has drawn attention to numerous instances of unfair trials, which have resulted in the wrongful imprisonment of innocent individuals. These cases have prompted individuals to invoke the European Convention on Human Rights to secure retrials and compel governments to establish comprehensive regulations aimed at preventing similar miscarriages of justice. or would be prejudiced for the reasons listed in (e);
(g) The conviction was obtained in absentia without the person having the right to a re-trial;
(h) The person is already under investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. or prosecution in the Requested Party for the same offence;
(i) The person is lawfully detained in the Requested Party;
(j) The person has become immune from prosecution due to lapse of time or amnesty.

[Parties may choose to move grounds (g), (h), and (i) to the discretionary grounds in Article 5.]

ARTICLE 5

DISCRETIONARY GROUNDS FOR REFUSAL

Extradition may be refused if:
(a) It would affect the national security or foreign affairs of the Requested Party;
(b) The Requested Party has decided not to prosecute for the same act (if not a terrorist actTerrorist Act (a) an act which constitutes an offence within the scope of, and as defined in one of the following treaties: (i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); (iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); (iv) International Convention against the Taking of Hostages (1979); (v) Convention on the Physical Protection of Nuclear Material (1980); (vi) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); (vii) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (2005); (viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (2005); (ix) International Convention for the Suppression of Terrorist Bombings (1997); and (x) International Convention for the Suppression of the Financing of Terrorism (1999). (b) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population or to compel a Government or an international organisation to do or to abstain from doing any act. (FATF) or committed in the Requesting Party’s territory);
(c) The offence was committed in whole or in part within the territory of the Requested Party;
(d) The person would be tried by a tribunal enforcing religious or customary laws;
(e) The person was convicted in absentia and the Requesting Party does not provide a guarantee for a re-trial;
(f) The Requested Party does not exercise extraterritorial jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. for such offences;
(g) The person is under investigation or prosecution in the Requested Party;
(h) The person is lawfully detained in the Requested Party;
(i) Surrender would violate the Requested Party’s other international obligations;
(j) Surrender would be unjust, oppressive, or too severe a punishment due to the passage of time or the circumstances of the case;
(k) The offence is punishable by death in the Requesting Party but not in the Requested Party, unless assurances against the death penalty are provided.

ARTICLE 6

EXTRADITION OF NATIONALS

1. Policy on Nationals:
   • Alternative A: Shall not be refused.
   • Alternative B: May be refused.
   • Alternative C: Shall be refused.
2. Exceptions to Refusal (if B or C is chosen): A Party that refuses to extradite its nationals shall, at the request of the other Party, submit the case to its competent authorities for prosecution.

ARTICLE 7

THE REQUEST AND SUPPORTING DOCUMENTS

Requests shall be made through diplomatic channels and include:

• Information identifying the person sought;
• A statement of the facts of the offence;
• The text of the relevant legal provisions;
• For accused persons: a warrant of arrest and evidence satisfying Article 3;
• For convicted persons: a certificate of the conviction and sentence.

ARTICLE 8

PROVISIONAL ARREST

In urgent cases, a person may be provisionally arrested before a formal extradition request is received. The request must be transmitted via Interpol, diplomatic channels, or other agreed means and contain specific information. If the formal request and documents are not received within [30/60] days, the person may be released.

ARTICLE 9

ADDITIONAL INFORMATION

If the Requested Party finds the information insufficient, it may request additional details. If the information is not provided within a specified time, the person may be released, but this does not preclude a new request.

ARTICLE 10

CONFIDENTIALITY

The Requested Party shall, to the extent permitted by its law, keep the request and its contents confidential if so requested by the Requesting Party.

ARTICLE 11

AUTHENTICATION

Supporting documents shall be admitted in evidence if they are certified by a judge, magistrate, or competent authority of the Requesting Party and sealed with an officialOffice Αξίωμα > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). seal.

ARTICLE 12

LANGUAGE OF DOCUMENTATION

All documents shall be in English. The Requested Party may request a translation into its official languageOfficial language Language of the State: Bharat Varsha (India) = Hindi and English. Bangladesh = Bangla. UK/USA/Australia/Canada = English. Greece = Greek. UNO = العربية (Arabic) 中文 (Chinise) English Français (French) Русский (Russian) Español (Spanish)., with costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. borne by the Requesting Party.

ARTICLE 13

CONCURRENT REQUESTS

If extradition is requested by two or more states for the same person, the Requested Party shall decide which request to grant, considering all relevant circumstances, such as the seriousness of the offences and the dates of the requests.

ARTICLE 14

ARRANGEMENTS FOR SURRENDER

The Parties shall agree on the time and place for the surrender of the person. The Requesting Party must take custody of the person within a period specified by the Requested Party, or the person may be released.

ARTICLE 15

SIMPLIFIED EXTRADITION PROCEDURE

If permitted by its law, the Requested Party may surrender a person based on their explicit consentConsent Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra [2018] 13 SCR 920 : (2019) 18 SCC 191; Pramod Suryabhan Pawar v. State of Maharashtra [2019] 11 SCR 423 : (2019) 9 SCC 608.Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr [2024] 7 S.C.R. 8. Doing Sex: involves an active understanding of the circumstances, actions and consequences of the proposed act. An individual who makes a reasoned choice to act after evaluating various alternative actions (or inaction) as well as the various possible consequences flowing from such action (or inaction), consents to such action., even if the formal requirements of Article 7 have not been fully met.

ARTICLE 16

POSTPONEMENT OF SURRENDER

The Requested Party may postpone the surrender of a person to proceed against them, or to allow them to serve a sentence, for an offence other than that for which extradition is requested.

ARTICLE 17

SPECIALTY AND RE-SURRENDER

1. A extradited person may only be tried or punished for the offence for which they were extradited.
2. This rule does not apply if the person voluntarily remains in or returns to the Requesting Party’s territory after being free to leave.
3. A person may not be re-surrendered to a third state without the consent of the Requested Party.

ARTICLE 18

SURRENDER OF PROPERTY

The Requested Party may, upon request and subject to its law, hand over property related to the offence. The rights of the Requested Party or any third party in the property shall be respected.

ARTICLE 19

REPRESENTATION AND EXPENSES

• The Requested Party bears the expenses incurred in its own territory.
• The Requesting Party bears the expenses related to the transportation of the person, including transit costs.

ARTICLE 20

CONSULTATION

The Parties shall consult each other, as necessary, concerning the interpretation and implementation of this Treaty.

ARTICLE 21

SETTLEMENT OF DISPUTES

Any dispute arising from this Treaty shall be settled amicably through consultation or negotiationNegotiation The exchange and discussion of proposals by representatives of governments for the purpose of reaching an agreement or understanding..

ARTICLE 22

AMENDMENTS

This Treaty may be amended by mutual written consent of the Parties.

ARTICLE 23

RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS

This Treaty shall not affect the rights and obligations of the Parties under other international agreements to which they are both parties.

ARTICLE 24

ENTRY INTO FORCE AND TERMINATION

This Treaty shall enter into force [X] days after the Parties notify each other that their internal requirements have been met. Either Party may terminate this Treaty by giving written notice, with termination taking effect [Y] months after receipt of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.

DONE at ____________________ this ______ day of __________________, [Year], in duplicate in the [English] language.

For the Government/State of:

For the Government/State of:

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