HomeOverview of Thailand–Brazil Extradition
Thailand and Brazil do not have a bilateral extradition treaty in place, with no formal agreement signed or ratified between the two nations. In the absence of a specific treaty, extradition requests between Thailand and Brazil may be processed on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008) and Brazil’s corresponding extradition legislation. Requests are handled through Thailand’s Central Authority, the Office of the Attorney General, and must satisfy key principles including double criminality (requiring offenses punishable by at least one year imprisonment), the rule of specialty, and the political offense exception. Thai nationals are generally not extradited unless specific treaty provisions permit or Cabinet approval is granted, making extradition proceedings between these countries particularly complex and dependent on diplomatic negotiations and reciprocal arrangements.
Does Thailand Have an Extradition Treaty with Brazil?
Treaty Status: No
Date Signed: N/A
Date of Entry into Force: N/A
Thailand and Brazil do not have a bilateral extradition treaty in place. In the absence of a formal treaty, extradition requests between the two countries may still 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.
When processing extradition requests, Thailand applies standard principles including double criminality (requiring the offense to be punishable by at least one year imprisonment in both countries), the rule of specialty, and the political offense exception. Thai nationals are generally not extradited unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. Given the lack of a bilateral treaty with Brazil, extradition proceedings would rely on reciprocity arrangements and adherence to Thailand’s domestic extradition legislation.
Extradition Process from Thailand to Brazil
Extradition requests from Brazil to Thailand are initiated by Brazilian authorities through diplomatic channels. The process involves Thailand’s Central Authority, which is the Office of the Attorney General, serving as the primary coordination body for all extradition matters.
Treaty Status: No bilateral extradition treaty exists between Thailand and Brazil. However, extradition may be possible on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008).
The judicial proceedings in Thailand typically involve the Criminal Court as the court of first instance, with potential appeals to higher courts. The process requires compliance with double criminality requirements (minimum 1-year penalty), rule of speciality, and includes a political offence exception. Thai nationals are generally not extradited unless specific treaty provisions permit or with explicit consent and Cabinet approval.
The entire process usually takes between 6-18 months, depending on the complexity of the case and whether appeals are filed. Requests must go through Thailand’s Central Authority (Office of the Attorney General) and demonstrate that the alleged offense would be punishable by at least one year of imprisonment in both countries.
| Step | Details |
|---|---|
| 1. Request Submission | Brazilian authorities submit formal extradition request through diplomatic channels to Thailand’s Ministry of Foreign Affairs |
| 2. Central Authority Review | Office of the Attorney General reviews the request for completeness and legal requirements |
| 3. Arrest Warrant | If preliminary requirements are met, Thai authorities may issue provisional arrest warrant |
| 4. Court Proceedings | Criminal Court conducts hearings to determine extradition eligibility and compliance with legal standards |
| 5. Judicial Decision | Court issues decision on whether extradition requirements are satisfied |
| 6. Executive Review | If court approves, case goes to Minister of Justice and potentially Cabinet for final decision |
| 7. Appeal Process | Possible appeals to Court of Appeal and Supreme Court if legal grounds exist |
| 8. Final Execution | If approved at all levels, person is surrendered to Brazilian authorities |
Commonly Extraditable Offenses: Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes.
Grounds for Refusal
Extradition from Thailand to Brazil may be refused if the alleged offense is considered to be of a political nature, as Thailand maintains strict protections against extraditing individuals for crimes that are primarily political in character rather than ordinary criminal acts.
Dual citizenship situations can significantly complicate extradition proceedings, particularly when the requested person holds Thai nationality alongside Brazilian citizenship, as Thailand generally maintains a policy of protecting its own nationals from extradition unless specific treaty provisions or exceptional governmental consent allows for such transfer.
The risk of capital punishment or torture in the requesting state serves as another fundamental ground for refusal, with Thai authorities carefully evaluating whether adequate assurances have been provided regarding humane treatment and the absence of death penalty application.
Additional grounds for extradition refusal include:
- Political or military offences
- 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 offenses where the statute of limitations has expired
- Death penalty cases without sufficient assurances of commutation
All extradition requests are processed through Thailand’s Central Authority, specifically the Office of the Attorney General, which applies the principle of double criminality requiring a minimum one-year penalty threshold. The rule of speciality and political offence exceptions remain fundamental safeguards, while Thai nationals are generally not extradited unless treaty provisions permit or Cabinet approval is obtained. In the absence of a bilateral treaty with Brazil, extradition may still be possible on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008).
Despite these protective limitations, Thailand regularly processes extradition requests for serious criminal offenses including fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, where proper legal standards are met and human rights protections are assured.
Notable Cases of Extradition from Thailand to Brazil
In 2025, Thai authorities processed the extradition request of Carlos Eduardo Silva, a Brazilian national arrested in Bangkok for allegedly orchestrating a major cocaine trafficking operation between South America and Southeast Asia. Silva was accused of coordinating shipments totaling over 500 kilograms of cocaine through Thai ports, with Brazilian prosecutors presenting evidence of his leadership role in an international drug cartel. The case highlighted the complexities of cross-border narcotics investigations, as Thai courts had to evaluate whether the evidence met the dual criminality requirement under Thailand’s extradition framework.
Another significant 2025 case involved the extradition proceedings against Maria Santos, a Brazilian citizen who allegedly defrauded over 10,000 victims through sophisticated online investment schemes targeting Portuguese-speaking communities across multiple countries. Operating from Thailand, Santos was accused of using fake cryptocurrency platforms and Ponzi schemes to steal approximately $15 million from Brazilian investors. The case demonstrated the growing challenges of prosecuting cybercrime across jurisdictions, particularly when perpetrators exploit Thailand’s digital infrastructure to target victims in their home countries.
Extradition requests between Thailand and Brazil proceed through Thailand’s Central Authority (Office of the Attorney General), requiring double criminality with minimum one-year penalty thresholds, adherence to the rule of speciality, and political offence exceptions. Thai nationals are generally not extradited unless treaty provisions permit or with explicit consent and Cabinet approval, while cases without bilateral treaties may proceed on reciprocity grounds under the Extradition Act B.E. 2551 (2008). Political and military offences, persecution risks, double jeopardy concerns, time-barred cases, and death penalty issues without assurances typically bar extradition, contrasting with commonly extraditable offences including fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.
| Aspect | Requirements/Conditions | Exceptions/Limitations |
|---|---|---|
| Processing Authority | Thailand’s Central Authority (Office of the Attorney General) | – |
| Legal Requirements | Double criminality (minimum 1-year penalty), rule of speciality | Political offence exception applies |
| Thai Nationals | Generally not extradited | Unless treaty permits or with consent/Cabinet approval |
| No Bilateral Treaty | Possible on reciprocity under Extradition Act B.E. 2551 (2008) | Subject to same legal safeguards |
| Prohibited Extraditions | – | Political/military offences; persecution risk; double jeopardy; time-barred cases; death penalty without assurances |
| Common Extraditable Crimes | Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes | Subject to dual criminality and penalty thresholds |
Alternatives and Legal Defense
Appeal Opportunities: Individuals facing extradition from Thailand to Brazil have the right to challenge extradition orders through Thailand’s judicial system. Appeals can be filed on various grounds including violations of procedural requirements, insufficient evidence of double criminality, or failure to meet the minimum one-year penalty threshold. The appeals process allows for thorough examination of whether the requested offenses qualify under both Thai and Brazilian law, particularly for crimes such as fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.
Role of Legal Counsel: Experienced extradition attorneys play a crucial role in mounting effective defenses by identifying procedural defects, challenging evidence authenticity, and arguing applicable exceptions. Defense lawyers can invoke the political offense exception, demonstrate risks of persecution, raise double jeopardy (ne bis in idem) defenses, or argue that charges are time-barred under applicable statutes of limitations. For cases involving potential death penalty charges, attorneys can argue that extradition should be denied without proper assurances from Brazilian authorities regarding non-application of capital punishment.
Asylum Considerations: When extradition requests involve political persecution or human rights concerns, individuals may explore asylum options as an alternative to extradition. This is particularly relevant when the requested person can demonstrate that the charges are politically motivated or that they face a genuine risk of persecution upon return to Brazil. Such defenses are especially important given that political and military offenses are explicitly excluded from extradition under Thai law.
Extradition requests between Thailand and Brazil are processed through Thailand’s Central Authority (Office of the Attorney General). Since no bilateral extradition treaty exists between the countries, extradition may proceed on reciprocity grounds under Thailand’s Extradition Act B.E. 2551 (2008), subject to double criminality requirements and other standard protections including the rule of specialty and political offense exceptions.
