Singapore Extradition Agreements
October 8, 2021 | Leave a comment
By definition, extradition refers to an act of cooperative prosecution between two jurisdictions, in which a person from country A, when a person from country A commits an offence in country B and returns to country A, refers the suspect to country B to continue before his court. Extradition Treaty: This is an agreement that sets out the conditions under which extradition may take place to and from the countries concerned. Treaties can be bilateral and involve only two countries, or multilateral, involving several countries. Treaties are legally binding and the countries concerned must act in accordance with the agreed terms. The aim is to ensure transparency and clarity throughout the extradition procedure. During the debate on the budget of the Ministry of Law, Ms Lim cited the case of the suspected Theft of Standard Chartered bank, David James Roach, who took refuge in July 2016 in Thailand, a country that does not have an extradition agreement with Singapore. She questioned whether it was acceptable that Singapore currently had extradition agreements with only 43 out of nearly 200 countries. Indranee Rajah, Minister of State for Finance and Legal Affairs, told Parliament that Singapore was open to new contracts and extradition agreements, but it`s not just about numbers. Extradition from a declared Commonwealth country to Singapore carries an additional requirement that the offence be sentenced to a maximum penalty of death or imprisonment for a period of at least 12 months. As part of London`s Commonwealth extradition programme, Singapore has also concluded extradition agreements with 40 declared Commonwealth countries.
The list of countries includes Australia, New Zealand, Canada, India and the United Kingdom. With regard to extradition from foreign countries to Singapore, the offences are listed in the First Annex of the EA and some examples include murder, manslaughter, rape, abduction, corruption, theft and embezzlement, as well as burglary and theft. Extradition agreements: Countries that do not have an extradition convention can instead conclude extradition agreements. Agreements are derived from the written laws of the countries concerned. In the case of Singapore, the EA comes into force here. Singapore currently has bilateral extradition agreements with the US, Germany and Hong Kong – all three are referred to as “foreign states” in the EA. Singapore is actively participating in negotiations on a model ASEAN extradition agreement, she said. “We have made significant progress and we hope, like many other ASEAN partners, that work on this instrument will be completed as soon as possible,” Said Mr. Indranee.
“Negotiating an extradition treaty is not without its complexity,” Indranee said, adding that the government would take a “cautious and thoughtful approach.” There are also special extradition agreements with Malaysia and Brunei on the basis of mutual recognition of arrest warrants. For extradition from Malaysia, the suspect may be repatriated to Singapore for treatment by the authorities as long as it is a requisitionable offence – an offence for which the police may make an arrest without an arrest warrant. . . .