HomeExtradition in Thailand
Extradition is an important tool of international law that enables countries to cooperate in the criminal prosecution of accused or convicted individuals. Extradition procedure In Thailand, utmost attention is required as it can bring significant changes to a person’s life. A red notice from Interpol has been issued in your name, requesting extradition or international arrest warrant Seek help from an experienced Interpol lawyer as soon as possible.
Our company specializing in extradition matters in Thailand will help you navigate the laws of the Kingdom, ensuring fair and accurate representation of your interests in court. Contact us right now to receive comprehensive assistance with extradition issues in Thailand.
Extradition Law in Thailand
The primary legislative act governing extradition matters in Thailand is the Extradition Act of 1929, with subsequent amendments. It sets forth the conditions and procedures under which Thailand may extradite or accept individuals for extradition.
Main Principles of Extradition in Thailand:
- Dual criminality principle;
- Statute of limitations;
- Non-political nature of the crimes;
- Human rights guarantee;
- Double jeopardy (Ne bis in idem);
- The principle of a fair trial.
Additionally, the Kingdom is a participant in many international treaties and extradition agreements. Thailand actively participates in international efforts to combat crime, cooperating with Interpol and other international organizations. The country has extradition treaties with 15 states.
According to the Thai Extradition Act B.E. 2551, the following crimes are subject to extradition:
- Drug trafficking, production, and distribution of narcotics;
- Participation in terrorist acts;
- Financing of terrorism;
- Premeditated murder;
- Corruption;
- Large financial schemes;
- Money laundering;
- Human trafficking, forced labor, and sexual exploitation;
- Organized crime;
- Crimes against humanity;
- Cybercrimes.
Extradition may be denied if:
- The crime is politically motivated.
- There is a risk that the individual may be subjected to torture or persecution on the basis of race, religion, or nationality.
- The requested country cannot guarantee a fair trial.
- The statute of limitations for prosecution has expired in accordance with Thai law.
Thailand typically does not extradite its citizens. Instead, they may be held accountable under the laws of the Kingdom. Individuals who have been granted political asylum are not subject to extradition.
If the requesting country has the death penalty for a crime, Thailand may require guarantees that this punishment will not be applied.
Extradition Procedure in Thailand
To start, the requesting country must send an official request to the Ministry of Foreign Affairs of Thailand through diplomatic channels. The request should contain all the necessary information and documents that substantiate the grounds for extradition.
The Ministry of Foreign Affairs, in collaboration with the Attorney General’s Office of Thailand, is conducting a preliminary assessment of a request for compliance with the country’s laws and international obligations.
If the request meets the requirements, the Attorney General’s office submits a petition to the competent court. The judicial body reviews the evidence, hears the parties, evaluates the legality and justification of the extradition, and then makes a decision on whether or not the person can be extradited.
If the court decides in favor of extradition, the final verdict is issued by the Minister of Justice of Thailand. They have the right to deny extradition, even if the court has approved it. After the final decision is made, law enforcement agencies will arrange for the transfer of the individual to representatives of the requesting country.
Countries that do not have extradition treaties with Thailand
As of 2024, Thailand has signed extradition treaties with 15 countries: the USA, the United Kingdom, Belgium, Canada, the Republic of China, South Korea, Indonesia, the Philippines, Malaysia, Cambodia, Laos, Bangladesh, Fiji, Australia, and Hungary.
Therefore, the list of countries with which there are no extradition agreements is quite extensive.
Among these countries, the following should be highlighted:
- Russia
- Germany;
- France;
- Spain;
- Mexico;
- Austria;
- Singapore;
- China;
- Saudi Arabia
- United Arab Emirates
- Cuba;
- Vietnam;
- Iran;
- North Korea
- Belarus;
- Kazakhstan.
But even in the absence of an extradition treaty, Thailand can accept requests for the transfer of a suspect or accused person. Then, each specific case will be considered on a special basis individually.
What is an Interpol Red Notice?
A Red Notice is an official request by Interpol sent to law enforcement agencies worldwide to locate and provisionally detain individuals wanted for committing crimes. Legally, a Red Notice is not an arrest warrant. It’s a tool for alerting that a specific individual is sought after and may be subject to extradition.
A red notice does not obligate member countries to detain the person being sought. The decision is made based on the national legislation and international obligations of each country.
Having a red notice does not guarantee extradition. The extradition process is a separate legal procedure that requires adherence to relevant treaties and laws.
The impact of the red notification
- Restrictions on freedom of movement, detention at border crossings, and denial of visa applications;
- Freezing of bank accounts and financial assets;
- Negative impact on personal and business reputation.
The Red Notice contains the following information about the wanted person
- Personal information: full name, date and place of birth, nationality, as well as any known aliases or alternative names;
- Photograph and biometric data: photos of the suspect, fingerprints, or other biometric data for identification;
- Details of the charges: what crime or crimes the suspect is accused of, what charges have been brought, and in which country;
- Legal information: the status of legal proceedings, information about court orders or arrest warrants issued by national authorities.
How does a red notice work?
Law enforcement agencies submit a request to their national central bureau (NCB) of Interpol. The request must contain detailed information about the person sought, a description of the crime, and relevant legal documents, such as an arrest warrant.
The General Secretariat of Interpol checks requests for compliance with the organization’s rules and norms, including adherence to human rights and the absence of political motivation. After approval, the notice is distributed among all member countries through Interpol’s secure communication system.
Law enforcement agencies in each country decide what actions to take based on their national legislation. Possible actions include determining the whereabouts of a person, detaining them, and notifying the requesting country.
Removing Red Notifications in Thailand
You need to submit a request to the Commission for the Control of INTERPOL’s Files (CCF). This commission reviews complaints about the misuse of Red Notices and makes decisions on their removal. To do this, you must provide documentary evidence proving the illegitimacy of the Red Notice.
A notice can be removed if it violates Interpol’s rules or has a political motive. It’s also possible to reference human rights violations, such as the risk of an unfair trial, torture, or political persecution.
An experienced attorney can assist with formulating arguments, presenting evidence, and preparing a statement for the CCF. International law experts can develop a strategy that may increase the chances of getting a notice removed. The lawyer will also help determine what legal actions are available in the Kingdom to minimize the impact of a red notice. The specialist will represent the client’s interests in court if it becomes necessary to protect them from potential arrest or extradition.
Legal Consultation on Extradition Issues in Thailand
Working with an experienced extradition lawyer in Thailand significantly increases your chances of successfully resolving your case. Our international law attorneys have extensive experience in extradition-related matters and can offer:
- A comprehensive approach to each case, starting from evaluating the validity of the request and ending with representation in court;
- In-depth knowledge of international norms and Thai legislation, which enables the development of effective defense strategies;
- Networking with international organizations, which is especially important in matters involving political motives and human rights.
An experienced lawyer will assess the legality of the extradition request and its compliance with Thai law. They will develop a defense strategy and gather all possible evidence to support your case. The attorney will represent your interests in court, prepare arguments against extradition, and challenge the legality of the request based on political motives, human rights threats, or other factors.
If you need professional legal assistance with extradition matters in Thailand, please contact us. We’ll help you navigate the intricacies of your case, develop an effective defense, and provide expert support throughout the process.
