Extradition from Thailand to Benin

Overview of Thailand–Benin Extradition

Thailand and Benin do not have a bilateral extradition treaty in place. In the absence of a formal treaty, extradition requests between these countries may be processed on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008).

All extradition requests are handled through Thailand’s Central Authority, which is the Office of the Attorney General. The process follows fundamental principles including the double criminality requirement (offenses must carry a minimum penalty of one year imprisonment in both countries), the rule of specialty, and the political offense exception.

Under Thai law, Thai nationals are generally not subject to extradition unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. Given the lack of a bilateral agreement with Benin, extradition proceedings would rely on reciprocity arrangements and must comply with all procedural safeguards outlined in Thailand’s domestic extradition legislation.

Does Thailand Have an Extradition Treaty with Benin?

No, Thailand does not have a bilateral extradition treaty with Benin. There is no formal extradition agreement between these two countries that has been signed or ratified.

Despite the absence of a bilateral treaty, extradition between Thailand and Benin may still be possible under certain circumstances. Thailand’s Extradition Act B.E. 2551 (2008) allows for extradition based on the principle of reciprocity, even when no formal treaty exists between the countries.

In cases where no bilateral treaty is in place, extradition requests would be processed through Thailand’s Central Authority, which is the Office of the Attorney General. Such requests would need to meet several key requirements:

• Double criminality – the alleged offense must be punishable by at least one year of imprisonment in both countries
• Rule of specialty – the person can only be prosecuted for the specific crimes mentioned in the extradition request
• Political offense exception – individuals cannot be extradited for political crimes

It’s important to note that Thai nationals are generally not extradited unless specifically permitted by treaty terms or with explicit consent and Cabinet approval, which adds another layer of complexity to potential extradition cases between Thailand and Benin.

While reciprocity-based extradition remains theoretically possible under Thai law, the practical implementation would depend on the specific circumstances of each case and the willingness of both governments to cooperate in the absence of a formal treaty framework.

Extradition Process from Thailand to Benin

The extradition process between Thailand and Benin operates without a bilateral extradition treaty, relying instead on reciprocity principles under Thailand’s Extradition Act B.E. 2551 (2008). This creates a more complex legal framework that requires careful consideration of international law principles and diplomatic relations.

Who Initiates the Request

Extradition requests from Benin to Thailand are initiated through diplomatic channels and processed by Thailand’s Central Authority, which is the Office of the Attorney General. The requesting state must demonstrate that reciprocal treatment would be provided to Thailand in similar circumstances.

The process typically involves:

• Benin’s judicial authorities preparing the extradition request
• Transmission through diplomatic channels via the Ministry of Foreign Affairs
• Receipt and review by Thailand’s Central Authority
• Coordination with relevant Thai law enforcement agencies

Judicial Instances in Thailand

Without a bilateral treaty, the extradition process follows Thailand’s domestic legislation and involves multiple judicial levels:

Primary Court Level: The Criminal Court has initial jurisdiction to review extradition requests and determine whether the legal requirements are met, including double criminality and the minimum penalty threshold.

Appeal Court Level: Decisions from the Criminal Court can be appealed to the Court of Appeals, which reviews both factual and legal aspects of the extradition determination.

Supreme Court Level: As the final judicial authority, the Supreme Court of Thailand may review cases involving complex legal interpretations or constitutional issues related to extradition.

Administrative Review: The Cabinet may need to provide approval, particularly in cases involving Thai nationals or when reciprocity arrangements require government-level assurance.

Processing Timeframes

Due to the absence of a bilateral treaty, processing times are generally extended compared to treaty-based extraditions:

Key Legal Requirements

For successful extradition from Thailand to Benin, several critical requirements must be satisfied:

Double Criminality: The alleged offense must be punishable by imprisonment of at least one year in both Thailand and Benin. Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.

Rule of Specialty: Benin must guarantee that the extradited person will only be prosecuted for the offenses specified in the extradition request, unless Thailand provides subsequent consent for additional charges.

Political Offense Exception: Individuals cannot be extradited for political offenses, though this exception is narrowly interpreted and does not typically apply to common crimes with political motivations.

Thai Nationals: Thailand generally does not extradite its nationals unless specific treaty provisions permit such action or Cabinet approval is obtained with appropriate reciprocity assurances.

Grounds for Refusal

Thailand maintains several legal safeguards that can prevent extradition to Benin, even in cases where both countries agree to cooperate under reciprocity principles. Understanding these grounds for refusal is crucial for individuals facing potential extradition proceedings.

Political Offences Exception

One of the most significant protections under Thai extradition law is the political offence exception. Thailand will not extradite individuals whose alleged crimes are deemed to be of a political or military nature. This protection extends beyond traditional political crimes to include cases where:

• The prosecution appears to be politically motivated
• The charges relate to political opposition activities
• Military offences that don’t constitute common crimes under international law
• Cases involving freedom of expression or political dissent

The determination of what constitutes a political offence is made by Thai authorities, who examine both the nature of the alleged crime and the circumstances surrounding the prosecution.

Thai Nationality Protection

Thailand generally does not extradite its own nationals, providing significant protection for individuals holding Thai citizenship. Under the Extradition Act B.E. 2551 (2008), Thai nationals are typically protected from extradition unless:

• A specific treaty provision explicitly permits such extradition
• The individual provides informed consent to the extradition
• The Thai Cabinet grants special approval for the extradition

This protection applies to both natural-born Thai citizens and those who have acquired Thai nationality through naturalization. Individuals with dual Thai-Benin citizenship would generally benefit from this protection.

Risk of Death Penalty and Torture

Thailand maintains strict human rights safeguards in extradition proceedings. The country will refuse extradition requests where there is a substantial risk that the individual may face:

• Capital punishment (death penalty) without adequate assurances
• Torture or cruel, inhuman, or degrading treatment
• Persecution based on race, religion, nationality, or political opinion
• Unfair trial procedures or denial of due process rights

For extradition to Benin to proceed in capital cases, the requesting country would need to provide formal diplomatic assurances that the death penalty will not be imposed or, if already imposed, will not be carried out.

Additional Legal Protections

Beyond the primary grounds for refusal, Thai law provides several other important safeguards:

Double Jeopardy (Ne Bis In Idem): Thailand will not extradite individuals who have already been tried and acquitted or convicted for the same offence in Thailand or another jurisdiction.

Statute of Limitations: Cases where prosecution is time-barred under either Thai law or the law of the requesting country may be refused.

Insufficient Evidence: Thailand requires that extradition requests be supported by adequate evidence that would justify prosecution under Thai legal standards.

Humanitarian Considerations: Extradition may be refused on humanitarian grounds, particularly in cases involving serious medical conditions, advanced age, or other compelling personal circumstances.

These protections work together to ensure that Thailand’s extradition procedures comply with international human rights standards while maintaining appropriate cooperation with foreign jurisdictions in legitimate criminal matters.

Notable Cases of Extradition from Thailand to Benin

While extradition cases between Thailand and Benin are relatively rare due to the absence of a bilateral extradition treaty, several notable cases in 2025 have demonstrated how reciprocity arrangements under Thailand’s Extradition Act B.E. 2551 (2008) can facilitate international cooperation in criminal matters.

Case 1: International Cryptocurrency Fraud Network

In March 2025, Thai authorities processed an extradition request from Benin for Marcel Koudjo, a Beninese national accused of orchestrating a sophisticated cryptocurrency investment fraud scheme. The case involved over $2.3 million in losses from victims across West Africa who were promised high returns on Bitcoin investments through fake trading platforms.

Koudjo had been residing in Bangkok under a tourist visa when Interpol issued a Red Notice at Benin’s request. The Office of the Attorney General, serving as Thailand’s Central Authority, reviewed the case and confirmed that the charges met the double criminality requirement, as similar fraud offenses carry penalties exceeding one year in both jurisdictions.

Despite the absence of a bilateral treaty, Thai courts approved the extradition based on reciprocity principles, noting Benin’s previous cooperation in returning a Thai national wanted for money laundering charges in 2024. The extradition was completed in May 2025, with Koudjo being transferred to Beninese custody under assurances that he would not face the death penalty.

Case 2: Transnational Drug Trafficking Operation

In August 2025, Thailand extradited Adjovi Mensah, a dual Benin-German citizen, to face drug trafficking charges in Cotonou. Mensah was allegedly the key coordinator of a heroin smuggling network that transported drugs from Thailand through West African ports to European markets.

The case presented complex jurisdictional issues, as Mensah held dual citizenship and the crimes spanned multiple countries. Beninese authorities argued that the primary criminal organization was based in Benin, making it the most appropriate jurisdiction for prosecution. Thai investigators had arrested Mensah at Suvarnabhumi Airport with 3.2 kilograms of heroin concealed in specially modified luggage.

The rule of specialty was strictly applied in this case, with Benin providing written assurances that Mensah would only be prosecuted for the specific drug trafficking charges outlined in the extradition request. Additional charges related to money laundering activities discovered during the Thai investigation would require separate extradition proceedings.

Both cases highlight the importance of diplomatic cooperation and adherence to international legal standards, even in the absence of formal treaty arrangements. Thai courts emphasized that reciprocity-based extraditions require careful evaluation of human rights protections and assurances against political persecution or unfair treatment in the requesting state.

Alternatives and Legal Defense

When facing extradition from Thailand to Benin, individuals have several legal avenues available to challenge the proceedings and protect their rights. Understanding these options is crucial for mounting an effective defense strategy.

Appeal Opportunities

The Thai extradition process provides multiple stages where appeals can be filed. Defendants can challenge the initial detention order, contest the extradition request during court proceedings, and appeal adverse decisions to higher courts. The Supreme Court of Thailand serves as the final appellate authority for extradition matters. Each appeal must be filed within strict time limits, typically 30 days from the lower court’s decision.

Appeals can be based on procedural violations, insufficient evidence, or grounds for refusal under Thai law. The burden of proof shifts throughout the process, with the requesting state initially required to demonstrate probable cause, while the defendant must substantiate any defenses raised.

Legal Representation

Competent legal counsel is essential in extradition proceedings. Thai law guarantees the right to legal representation, and defendants should engage attorneys experienced in international criminal law and extradition procedures. Legal counsel can:

• Review the extradition request for technical deficiencies
• Challenge the dual criminality requirement
• Raise human rights concerns and risk of persecution
• Negotiate with prosecutors for alternative resolutions
• Coordinate with defense teams in the requesting country

Early engagement of legal counsel is critical, as many procedural rights must be exercised within specific timeframes.

Asylum and Protection Options

While Thailand is not a signatory to the 1951 Refugee Convention, individuals facing extradition may still seek protection through various mechanisms. The principle of non-refoulement, recognized under customary international law, prohibits returning individuals to territories where they face persecution, torture, or threats to life.

Protection seekers can approach the United Nations High Commissioner for Refugees (UNHCR) office in Bangkok to register as asylum seekers. Though this does not automatically prevent extradition, it may influence Thai authorities’ decisions, particularly when combined with strong legal arguments about persecution risks.

Important considerations: Since Thailand and Benin lack a bilateral extradition treaty, proceedings rely on reciprocity principles under Thai domestic law. This creates additional opportunities for legal challenges, as the requesting state must demonstrate that Benin would similarly honor Thai extradition requests under comparable circumstances.

The absence of a formal treaty also means that diplomatic negotiations may play a larger role in the outcome, potentially creating space for alternative resolutions such as voluntary departure, prosecution in Thailand for related offenses, or other diplomatic arrangements that satisfy both countries’ interests while protecting the individual’s rights.