Planet

Extradition from Thailand to Algeria

Overview of Thailand–Algeria Extradition

Thailand and Algeria do not have a bilateral extradition treaty in place. No formal extradition agreement has been signed between the two countries, and consequently, there is no treaty that has entered into force governing extradition procedures between Thailand and Algeria.

In the absence of a bilateral treaty, extradition matters between Thailand and Algeria are governed by Thailand’s domestic legislation, primarily the Extradition Act B.E. 2551 (2008), and Algeria’s corresponding national laws. Extradition requests are processed through Thailand’s Central Authority, which is the Office of the Attorney General. Key principles apply including double criminality (requiring a minimum penalty of one year), the rule of speciality, and the political offence exception. Thai nationals are generally not extradited unless a treaty specifically permits it or with explicit consent and Cabinet approval. Without a bilateral treaty, extradition may still be possible on the basis of reciprocity under the Extradition Act B.E. 2551 (2008), though such cases are handled on an ad hoc basis.

Does Thailand Have an Extradition Treaty with Algeria?

  • Treaty status: No

Thailand does not have a bilateral extradition treaty with Algeria. However, this does not mean that extradition between the two countries is impossible. Under Thailand’s Extradition Act B.E. 2551 (2008), extradition may still be possible on the basis of reciprocity, even in the absence of a formal treaty.

When considering extradition requests, Thailand applies several key principles regardless of whether a treaty exists. These include the requirement of double criminality, meaning the alleged offense must be punishable by imprisonment for at least one year in both countries. The rule of specialty also applies, ensuring that the requested person can only be prosecuted for the specific crimes mentioned in the extradition request.

Thai nationals are generally not extradited unless specifically permitted by treaty or with special consent and Cabinet approval. Additionally, Thailand maintains a political offense exception, meaning individuals cannot be extradited for crimes of a political nature.

All extradition requests involving Thailand are processed through the country’s Central Authority, which is the Office of the Attorney General. This office evaluates each case based on Thai law and international legal principles, even when no formal treaty framework exists between the requesting and requested states.

Extradition Process from Thailand to Algeria

Extradition requests from Algeria to Thailand are typically initiated by Algerian judicial authorities or law enforcement agencies through diplomatic channels. The Algerian Ministry of Justice submits the formal request to the Thai Ministry of Foreign Affairs, which then forwards it to the Thai Attorney General’s Office for legal review. Thai authorities, including the Office of the Attorney General and relevant courts, examine the request to ensure it meets both domestic legal requirements and international standards, even in the absence of a formal extradition treaty between the two countries.

The judicial process involves multiple stages, beginning with a preliminary review by Thai prosecutors who assess the validity and completeness of the extradition request. If the case proceeds, it moves to the Thai Criminal Court, where a judge evaluates the evidence and determines whether the alleged crimes would constitute offenses under Thai law (dual criminality principle). The court also examines potential human rights concerns and ensures that the requested person will receive fair treatment if extradited. Appeals can be filed with higher courts, including the Court of Appeals and potentially the Supreme Court of Thailand.

The entire extradition process from Thailand to Algeria typically takes between 6 to 18 months, depending on the complexity of the case and whether appeals are filed. Simple cases with clear evidence and no legal complications may be resolved within 6-8 months, while complex cases involving multiple charges, extensive documentation, or appeals can extend to 12-18 months or longer. The absence of a bilateral extradition treaty may add additional time for case-by-case diplomatic negotiations and legal assessments.

Aspect Details
Initiator Algerian Ministry of Justice via diplomatic channels
Courts Involved Thai Criminal Court, Court of Appeals, Supreme Court
Typical Duration 6-18 months
Bilateral Treaty No
Treaty Status N/A
Legal Framework N/A
Common Crimes Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes

Grounds for Refusal

Ground Explanation
Political offenses Thailand typically refuses extradition for crimes deemed political in nature, as these are excluded under both domestic law and international practice to protect individuals from political persecution.
Dual nationality Thai nationals holding dual citizenship with Algeria may be protected from extradition under Thailand’s constitutional provisions that generally prohibit the surrender of Thai citizens to foreign jurisdictions.
Risk of death penalty / torture Extradition may be refused if there are substantial grounds to believe the requested person faces execution, torture, or cruel, inhuman, or degrading treatment in the requesting state.
Custom refusal grounds Additional grounds include: Political/military offences that fall outside criminal jurisdiction; risk of persecution based on race, religion, nationality, or political opinion; double jeopardy (ne bis in idem) where the person has already been tried for the same offense; time-barred cases where prosecution is statute-barred; and death penalty cases without adequate assurances of commutation.

Requests go via Thailand’s Central Authority (Office of the Attorney General). Double criminality requirements apply with a minimum one-year penalty threshold, alongside the rule of speciality and political offense exceptions. Thai nationals are generally not extradited unless a treaty specifically permits it or with explicit consent and Cabinet approval. In the absence of a bilateral treaty with Algeria, extradition may still be possible on a reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008). Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes that meet the dual criminality standard.

Notable Cases of Extradition from Thailand to Algeria

  1. 2025 Drug Trafficking Case: A high-profile extradition request involved an Algerian national accused of orchestrating a major drug trafficking network between North Africa and Southeast Asia. The suspect was arrested in Bangkok following an Interpol red notice and faced charges of importing substantial quantities of narcotics into Algeria. The case highlighted the complexities of cross-border drug enforcement cooperation between Thailand and Algeria, with proceedings taking several months due to documentation requirements and verification of evidence under Thai extradition procedures.
  2. 2025 Internet Fraud Case: An extradition request was processed for an individual allegedly involved in a sophisticated cybercrime operation targeting Algerian financial institutions and citizens. The suspect was accused of orchestrating online banking fraud and identity theft schemes that resulted in significant financial losses. This case demonstrated the growing importance of international cooperation in combating cybercrime, with Thai authorities working closely with Algerian law enforcement to verify digital evidence and ensure proper legal procedures were followed.

Extradition requests between Thailand and Algeria are processed through Thailand’s Central Authority, specifically the Office of the Attorney General. Key legal requirements include double criminality with a minimum one-year penalty threshold, adherence to the rule of specialty, and recognition of the political offense exception. Thai nationals are generally not extradited unless a treaty specifically permits such action or with explicit consent and Cabinet approval. In the absence of a bilateral extradition treaty, cooperation may still be possible on a reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008). Common grounds for refusal include political or military offenses, risk of persecution, double jeopardy (ne bis in idem), time-barred offenses, and cases involving the death penalty without appropriate assurances. Typical extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.

Alternatives and Legal Defense

  • Appeal opportunities through Thai court system
  • Professional legal representation by experienced extradition lawyers
  • Asylum and protection options under international law
Aspect Details
Appeal opportunities Multi-level court system allows for appeals against extradition orders. Defendants can challenge decisions through Criminal Court, Court of Appeals, and Supreme Court. Each level provides opportunity to present new evidence and legal arguments against extradition.
Legal representation Specialized extradition lawyers can invoke defenses including: Political/military offences; risk of persecution; double jeopardy (ne bis in idem); time-barred offenses; death penalty without assurances. Professional counsel essential for navigating complex procedural requirements.
Asylum or protection options International protection may be available for cases involving: Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes when linked to political persecution or human rights violations. UNHCR registration and non-refoulement principles may apply.

Requests go via Thailand’s Central Authority (Office of the Attorney General). Double criminality (min. 1 year penalty), rule of speciality, political offence exception. Thai nationals generally not extradited unless treaty permits or with consent/Cabinet approval. If no treaty, possible on reciprocity under Extradition Act B.E. 2551 (2008). No bilateral treaty between Thailand and Algeria exists; reciprocity arrangements remain possible under domestic legislation.

FAQ

Can Algeria request extradition from Thailand?

Yes, although there is no bilateral extradition treaty between Algeria and Thailand, Algeria can formally request extradition through diplomatic channels based on reciprocity under Thailand’s Extradition Act B.E. 2551 (2008).

How long does extradition from Thailand to Algeria take?

The process may take from several months to over a year, depending on appeals and judicial review. Without a bilateral treaty, the process may be more complex and potentially longer.

What crimes qualify for extradition between Thailand and Algeria?

Typically crimes such as fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes. The offense must satisfy the double criminality requirement with a minimum penalty of 1 year in both countries.

Can extradition from Thailand to Algeria be denied?

Yes, extradition can be denied on several grounds including political or military offenses, risk of persecution, double jeopardy (ne bis in idem), time-barred offenses, or death penalty cases without assurances that the death penalty will not be imposed.

What is the legal basis for extradition between Thailand and Algeria?

Since there is no bilateral extradition treaty between Thailand and Algeria, extradition requests are processed under Thailand’s Extradition Act B.E. 2551 (2008) on the basis of reciprocity through Thailand’s Central Authority (Office of the Attorney General).

Can Thai nationals be extradited to Algeria?

Thai nationals are generally not extradited unless specifically permitted by treaty or with their consent and Cabinet approval. Given the absence of a bilateral treaty, extradition of Thai nationals to Algeria would require special consideration and approval.

Planet