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Extradition from Thailand to Bangladesh

Overview of Thailand–Bangladesh Extradition

Thailand and Bangladesh maintain formal extradition relations under a bilateral treaty signed in 1998, which entered into force on March 19, 2001. This agreement establishes the legal framework for the surrender of fugitives between the two countries and defines the procedures, conditions, and limitations governing extradition requests.

The extradition process operates under Thailand’s Extradition Act B.E. 2551 (2008) and corresponding Bangladeshi legislation, supplemented by the bilateral treaty provisions. All extradition requests are processed through Thailand’s Central Authority, the Office of the Attorney General. Key principles include double criminality requiring offenses punishable by at least one year imprisonment, the rule of specialty limiting prosecution to specified charges, and the political offense exception. Thai nationals are generally not extradited unless the treaty specifically permits or with explicit consent and Cabinet approval. In cases where no treaty exists, extradition may still be possible on the basis of reciprocity under Thailand’s Extradition Act.

Does Thailand Have an Extradition Treaty with Bangladesh?

  • Treaty status: Yes
  • Signed: 1998
  • In force/status: 2001-03-19
  • Sources: Bilateral treaty

Thailand and Bangladesh have maintained an active extradition treaty since 2001. Under this bilateral agreement, extradition requests between the two countries are processed through Thailand’s Central Authority, which is the Office of the Attorney General.

The treaty operates under several key principles that govern the extradition process. The double criminality requirement ensures that the alleged offense must be punishable by at least one year of imprisonment in both countries. Additionally, the rule of speciality applies, meaning that individuals can only be prosecuted for the specific crimes mentioned in the extradition request.

Like most extradition treaties, the Thailand-Bangladesh agreement includes a political offense exception, which prevents extradition for crimes that are considered political in nature. This provision serves as an important safeguard against the misuse of extradition procedures for political persecution.

Regarding Thai nationals, the treaty generally prohibits their extradition unless specifically permitted under the treaty terms or with explicit consent and Cabinet approval. This reflects Thailand’s constitutional protections for its citizens while maintaining international cooperation in criminal matters.

In cases where treaty provisions may not apply or in the absence of a treaty framework, Thailand can still consider extradition requests on the basis of reciprocity under the Extradition Act B.E. 2551 (2008), which provides the domestic legal framework for international extradition procedures.

Extradition Process from Thailand to Bangladesh

Extradition requests from Bangladesh to Thailand are typically initiated by the Attorney General’s Office of Bangladesh or other competent judicial authorities acting on behalf of the requesting state. These requests are formally submitted through diplomatic channels to the Thai Ministry of Foreign Affairs, which then forwards them to the Office of the Attorney General of Thailand for legal review and processing. The Thai authorities examine whether the request meets all procedural requirements and complies with the existing bilateral extradition treaty between the two nations.

The judicial process involves multiple stages within the Thai court system, beginning with the Criminal Court, which conducts preliminary hearings to determine the validity of the extradition request. The court examines evidence, ensures proper documentation, and verifies that the alleged crimes fall under extraditable offenses as defined in the bilateral agreement. If the lower court approves the extradition, the case may proceed through appellate courts, including the Court of Appeals and potentially the Supreme Court, where the defendant can challenge the decision and present additional legal arguments against their surrender.

The entire extradition process from Thailand to Bangladesh typically takes between 6 to 18 months, depending on the complexity of the case, the completeness of documentation provided, and whether the defendant contests the proceedings through multiple court levels. Simple cases with clear evidence and proper documentation may be resolved more quickly, while complex cases involving multiple charges or legal challenges can extend significantly longer, particularly if appeals are filed at various judicial levels.

Aspect Details
Initiator Attorney General’s Office of Bangladesh
Courts Involved Criminal Court, Court of Appeals, Supreme Court
Typical Duration 6-18 months
Bilateral Treaty Yes, 1998, 2001-03-19
Common Extraditable Crimes Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes

Grounds for Refusal

Ground Explanation
Political offenses Thailand typically refuses extradition for crimes of a political nature, including offenses connected to political activities or movements that may be considered legitimate political expression rather than common criminal conduct.
Dual nationality Thai nationals holding dual citizenship with Bangladesh may be protected from extradition under Thai law, which generally prohibits the surrender of its own citizens except under specific treaty provisions or with explicit government consent.
Risk of death penalty / torture Extradition may be refused if there are substantial grounds to believe the requested person would face the death penalty, torture, or other cruel, inhuman, or degrading treatment in Bangladesh without adequate diplomatic assurances.
Custom refusal grounds Additional grounds include political or military offenses, 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 proper assurances of commutation.

Extradition between Thailand and Bangladesh operates under bilateral treaty arrangements, with requests processed through Thailand’s Central Authority at the Office of the Attorney General. Key requirements include double criminality (minimum one-year penalty), adherence to the rule of specialty, and political offense exceptions. Thai nationals are generally not extradited unless the treaty specifically permits or with explicit consent and Cabinet approval. In the absence of a treaty, extradition may still be possible on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008). Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.

Notable Cases of Extradition from Thailand to Bangladesh

  1. 2025 Drug Trafficking Case: A Bangladeshi national was extradited from Thailand to Bangladesh following charges related to international drug trafficking operations. The individual was accused of coordinating the smuggling of methamphetamines and other controlled substances between Thailand and Bangladesh through established criminal networks. Thai authorities cooperated with Bangladeshi law enforcement agencies to facilitate the extradition process, which was completed within the framework of bilateral judicial cooperation agreements.
  2. 2025 Internet Fraud Case: Thai authorities extradited a suspect to Bangladesh in connection with a sophisticated online fraud scheme targeting financial institutions in both countries. The case involved cybercriminal activities including identity theft, unauthorized access to banking systems, and fraudulent money transfers totaling several million dollars. The extradition was processed through Thailand’s Central Authority following a formal request from Bangladesh, demonstrating effective cross-border cooperation in combating cybercrime.

Extradition between Thailand and Bangladesh operates under bilateral treaty arrangements, with all formal requests processed through Thailand’s Central Authority, specifically the Office of the Attorney General. The extradition process requires double criminality, meaning the alleged offense must carry a minimum penalty of one year in both jurisdictions. Key principles include the rule of specialty and political offense exceptions. Thai nationals are generally not extradited unless the treaty specifically permits it or with explicit consent and Cabinet approval. In cases where no treaty exists, extradition may still be possible on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008). However, extradition requests may be refused in cases involving political or military offenses, risk of persecution, double jeopardy (ne bis in idem), time-barred offenses, or death penalty cases without appropriate assurances. Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.

Alternatives and Legal Defense

  • Appeal opportunities against extradition orders through Thai courts
  • Professional legal representation by experienced extradition defense attorneys
  • Asylum and protection options for individuals facing persecution risks
Aspect Details
Appeal opportunities Political/military offences; risk of persecution; double jeopardy (ne bis in idem); time-barred; death penalty without assurances
Legal representation Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes
Asylum or protection options Available for individuals demonstrating credible fear of persecution, torture, or unfair treatment upon return to Bangladesh

Thailand-Bangladesh extradition proceedings operate under bilateral treaty framework. Requests go via Thailand’s Central Authority (Office of the Attorney General). Key requirements include double criminality (minimum 1 year penalty), rule of speciality, and political offence exception. Thai nationals are generally not extradited unless the treaty permits or with specific consent and Cabinet approval. In cases where no treaty exists, extradition may still be possible on reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008).

FAQ

Can Bangladesh request extradition from Thailand?

Yes, under the bilateral treaty signed in 1998, Bangladesh can formally request extradition through diplomatic channels.

How long does extradition from Thailand to Bangladesh take?

The process may take from several months to over a year, depending on appeals and judicial review.

What crimes qualify for extradition between Thailand and Bangladesh?

Typically crimes such as fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes qualify for extradition under the bilateral treaty.

Can extradition from Thailand to Bangladesh be denied?

Yes, if the crime is political, if there is a risk of torture or unfair trial, or if grounds like political/military offences, risk of persecution, double jeopardy (ne bis in idem), time-barred offences, or death penalty without assurances apply.

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

The legal basis is the bilateral extradition treaty signed in 1998 and entered into force on March 19, 2001. Requests are processed through Thailand’s Central Authority (Office of the Attorney General).

Can Thai nationals be extradited to Bangladesh?

Thai nationals are generally not extradited unless the treaty specifically permits it or with consent and Cabinet approval, as Thailand typically protects its own citizens from extradition.

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