Extradition Issues arising in people smuggling matters Australia’s Experience Technical Expert Workshop on Mutual Legal Assistance (MLA) and Law Enforcement Bangkok, May/June 2011 Julie Taylor International Crime Cooperation Central Authority

Overview Extradition –In the context of people smuggling Issues –Treaty limitations, evidentiary requirements, dual criminality assessment, identification issues Case Studies –1. Extradition from Thailand –2. Extradition from Indonesia –3. Extradition from Malaysia

Extradition Extradition in the context of people smuggling since 2000, six people have been extradited to Australia to face prosecution for people smuggling offences – 4 people from Thailand, 1 from Sweden and 1 from Indonesia. Each person was successfully prosecuted and sentenced to lengthy terms of imprisonment.

Treaty limitations Dual criminality assessment Identification issues Evidentiary requirements Issues

Issue – Treaty Limitations Many of Australia’s bilateral extradition treaties are ‘list’ based, the treaty lists the offences for which extradition may be granted. A person can only be extradited for other types of offences at the discretion of the Requested country. The treaties do not list immigration offences for which extradition can be granted. Treaties which ‘list’ the types of offences for which extradition can be granted can limit international cooperation.

Issue – Dual Criminality Dual Criminality is an important principle in international legal cooperation Dual Criminality is the principle that the conduct constituting a criminal offence in the Requesting State must also constitute a criminal offence in the Requested State Case Study – Abu Quassey Case Study – Hadi Ahmadi

Issue - Identification Identification - positive identification can be a challenge in extradition proceedings. Case Study – Al Jenabi

Evidentiary Issues Evidentiary issues that may arise in extradition proceedings Case Study – extradition of X from Malaysia

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