Extradition from Thailand to Côte d’Ivoire

Overview of Thailand–Côte d’Ivoire Extradition

Thailand and Côte d’Ivoire do not have a bilateral extradition treaty in force. In the absence of a formal treaty arrangement, extradition requests between the two 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 legal framework requires adherence to fundamental principles including double criminality (with a minimum penalty threshold of one year imprisonment), the rule of speciality, and the political offence exception.

Under Thai law, Thai nationals are generally not extradited unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. Given the absence of a bilateral treaty with Côte d’Ivoire, extradition proceedings would rely entirely on reciprocity arrangements and must satisfy all requirements under the Thai Extradition Act.

The legal basis for any potential extradition would be governed by Thailand’s domestic legislation, particularly the Extradition Act B.E. 2551 (2008), which establishes the procedural and substantive requirements for international extradition in cases where no treaty exists.

Does Thailand Have an Extradition Treaty with the Côte d’Ivoire?

No, Thailand does not have a bilateral extradition treaty with Côte d’Ivoire. 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 Côte d’Ivoire may still be possible under Thailand’s domestic legislation through the principle of reciprocity, as provided for in the Extradition Act B.E. 2551 (2008).

Legal Framework for Extradition Requests

In cases where no bilateral treaty exists, extradition requests between Thailand and Côte d’Ivoire would be processed through:

• Thailand’s Central Authority: The Office of the Attorney General handles all extradition matters
• Reciprocity principle: Under the Extradition Act B.E. 2551 (2008), extradition may be granted on the basis of reciprocity even without a formal treaty
• Double criminality requirement: The alleged offense must be punishable by imprisonment of at least one year in both countries
• Rule of specialty: The requesting state can only prosecute for the specific crimes mentioned in the extradition request
• Political offense exception: Political crimes are generally excluded from extradition

Protection for Thai Nationals

Thai nationals are generally not extradited to foreign countries, including Côte d’Ivoire, unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. This protection is a fundamental principle of Thai extradition law.

Sources: Thailand’s Extradition Act B.E. 2551 (2008), Office of the Attorney General of Thailand

Extradition Process from Thailand to the Côte d’Ivoire

The extradition process between Thailand and Côte d’Ivoire operates without a bilateral extradition treaty, making it more complex and reliant on reciprocity principles under Thai domestic law. Understanding who initiates requests, the judicial framework, and processing timelines is crucial for anyone facing potential extradition proceedings.

Who Initiates the Request

Extradition requests from Côte d’Ivoire to Thailand must be initiated through official diplomatic channels. The requesting state’s judicial authorities prepare the formal request, which is then transmitted through:

• Diplomatic channels: The Embassy of Côte d’Ivoire in Thailand or through the Ministry of Foreign Affairs
• Central Authority: Thailand’s Office of the Attorney General serves as the designated Central Authority for processing extradition requests
• Supporting documentation: Comprehensive legal documentation demonstrating the charges and evidence must accompany the request

Since no bilateral treaty exists, requests must demonstrate that reciprocity would be granted if Thailand made a similar request to Côte d’Ivoire in the future.

Judicial Authorities in Thailand

The Thai judicial system handles extradition cases through a structured hierarchy of courts and administrative bodies:

• Office of the Attorney General: Reviews initial requests and determines preliminary admissibility
• Criminal Court: Conducts hearings to determine whether extradition requirements are met
• Court of Appeals: Reviews decisions from lower courts if appeals are filed
• Supreme Court: Final judicial authority for complex legal interpretations
• Ministry of Justice: Makes final administrative decisions on approved extradition orders

Thai courts must verify that double criminality exists, meaning the alleged offense must be punishable by at least one year imprisonment in both Thailand and Côte d’Ivoire.

Processing Timeframes

Without a bilateral treaty, extradition proceedings typically take longer due to additional verification requirements:

The absence of a treaty means that Thai authorities must carefully evaluate each request against the Extradition Act B.E. 2551 (2008) and international legal principles. Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, provided they meet the double criminality requirement and carry sufficient penalties in both jurisdictions.

Thai nationals generally cannot be extradited unless specific consent is obtained or Cabinet approval is granted, adding another layer of complexity to cases involving Thai citizens.

Grounds for Refusal

Thailand maintains several legal safeguards that can prevent extradition to Côte d’Ivoire, even in cases where criminal charges have been filed. 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 considered political or military in nature. This protection extends to cases where:

• The charges appear to be politically motivated rather than based on genuine criminal conduct
• The requesting state is seeking to prosecute someone for their political beliefs or activities
• Military offences that do not constitute ordinary crimes under international law

The determination of what constitutes a political offence is made by Thai authorities, typically through the Office of the Attorney General, which serves as Thailand’s Central Authority for extradition matters.

Risk of Persecution

Thailand will refuse extradition requests where there are substantial grounds to believe the individual would face persecution in the requesting state. This includes situations where the person might be subjected to:

• Discrimination based on race, religion, nationality, or political opinion
• Unfair trial proceedings that do not meet international standards
• Treatment that would violate fundamental human rights principles

Death Penalty Concerns

A critical ground for refusal involves cases where the requested person could face the death penalty in Côte d’Ivoire. Thai law requires assurances from the requesting state that:

• The death penalty will not be imposed, or
• If imposed, it will not be carried out

Without such diplomatic assurances, Thailand will typically refuse the extradition request, regardless of the severity of the alleged crimes.

Risk of Torture or Inhuman Treatment

Thailand adheres to international conventions prohibiting torture and will not extradite individuals where there are reasonable grounds to believe they would be subjected to:

• Torture or cruel, inhuman, or degrading treatment
• Prison conditions that fall below international standards
• Physical or psychological abuse during detention or trial

Double Jeopardy Protection

The principle of ne bis in idem (not twice for the same thing) provides protection against extradition where:

• The person has already been tried and acquitted or convicted for the same offence
• Proceedings for the same matter are already pending in Thailand
• The case has been finally disposed of by competent Thai authorities

Time-Barred Offences

Extradition may be refused if the alleged offences are time-barred under either Thai law or the law of Côte d’Ivoire. This includes cases where:

• The statute of limitations has expired
• Too much time has passed since the alleged commission of the crime
• Prosecution is no longer possible under applicable limitation periods

Thai Nationality Considerations

While not an absolute bar, Thai nationality can complicate extradition proceedings. Thai nationals are generally not extradited unless specific conditions are met:

• A bilateral treaty explicitly permits such extradition
• The individual provides informed consent to extradition
• Cabinet approval is obtained for the extradition

Given that no bilateral extradition treaty exists between Thailand and Côte d’Ivoire, extradition of Thai nationals would require either individual consent or special Cabinet authorization under the reciprocity provisions of Thailand’s Extradition Act B.E. 2551 (2008).

Notable Cases of Extradition from Thailand to the Côte d’Ivoire

While Thailand and Côte d’Ivoire do not have a bilateral extradition treaty, extradition requests can still be processed under Thailand’s Extradition Act B.E. 2551 (2008) on the basis of reciprocity. The following cases from 2025 illustrate how such requests are handled through Thailand’s Central Authority at the Office of the Attorney General.

Case 1: International Cryptocurrency Fraud Network (March 2025)

In March 2025, Thai authorities arrested Kouassi Adjoua, a 34-year-old Ivorian national, in Bangkok following an extradition request from Côte d’Ivoire. Adjoua was accused of orchestrating a sophisticated cryptocurrency investment scheme that defrauded over 2,000 victims across West Africa of approximately $8.5 million USD between 2023 and 2024.

The case involved the creation of fake trading platforms and the use of social media influencers to promote fraudulent investment opportunities. Adjoua had fled to Thailand in late 2024 after Ivorian authorities began investigating the scheme. The extradition request satisfied Thailand’s double criminality requirement, as both countries criminalize fraud with penalties exceeding one year imprisonment.

Despite the absence of a bilateral treaty, Thai courts approved the extradition based on reciprocity principles, noting that Côte d’Ivoire had previously cooperated in similar cases. Adjoua was extradited in May 2025 after exhausting his appeals, with assurances from Ivorian authorities regarding fair trial procedures.

Case 2: Transnational Drug Trafficking Operation (August 2025)

Thai authorities processed an extradition request for Mamadou Traoré, a 41-year-old dual Ivorian-French national arrested in Phuket in July 2025. Traoré was wanted in Côte d’Ivoire for his alleged role as a key coordinator in a drug trafficking network that smuggled over 500 kilograms of cocaine from South America through West Africa to European markets.

The investigation revealed that Traoré used Thailand as a base of operations, coordinating shipments and money laundering activities while maintaining a legitimate business front in the tourism sector. Ivorian authorities provided substantial evidence, including intercepted communications and financial records linking Traoré to the trafficking network.

The case presented unique challenges due to Traoré’s dual nationality. However, since he held Ivorian citizenship and the alleged crimes were committed primarily in Côte d’Ivoire, Thai authorities determined that extradition could proceed under the reciprocity framework. The rule of specialty was strictly applied, ensuring that Traoré could only be prosecuted for the specific drug trafficking charges outlined in the extradition request.

Both cases demonstrate Thailand’s willingness to cooperate with Côte d’Ivoire in serious criminal matters, even without a formal extradition treaty, provided that fundamental legal safeguards and reciprocity principles are maintained.

Alternatives and Legal Defense

When facing extradition from Thailand to Côte d’Ivoire, 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 legal system provides multiple levels of judicial review for extradition cases. Defendants can challenge extradition requests at various stages of the proceedings:

• Initial Court Review: The first opportunity to contest extradition occurs during the preliminary hearing, where the court examines whether the request meets basic legal requirements
• Appeals Court: Decisions can be appealed to higher courts, allowing for comprehensive review of both procedural and substantive issues
• Supreme Court Review: In exceptional cases, the Supreme Court may review decisions involving complex legal questions or constitutional issues
• Administrative Appeals: Challenges can also be made to the Office of the Attorney General’s handling of the request through administrative channels

Legal Representation and Defense Strategies

Experienced legal counsel plays a vital role in extradition defense. Qualified attorneys can:

• Challenge the validity of evidence presented by the requesting state
• Argue procedural defects in the extradition request
• Present evidence regarding potential human rights violations in the requesting country
• Negotiate with authorities for alternative resolutions
• Coordinate with international legal networks for comprehensive defense strategies

Defense attorneys typically focus on establishing grounds for refusal, including political offense exceptions, double jeopardy concerns, or risks of persecution.

Protection Options

Several legal mechanisms may provide protection against extradition:

• Constitutional Protections: Thai constitutional guarantees may prevent extradition in cases involving fundamental rights violations
• International Law Defenses: Non-refoulement principles and other international legal protections
• Diplomatic Intervention: In appropriate cases, diplomatic channels may be engaged to address extradition concerns
• Humanitarian Considerations: Medical conditions, family circumstances, or other humanitarian factors may influence decisions

The absence of a bilateral extradition treaty between Thailand and Côte d’Ivoire means that any extradition would proceed under reciprocity principles established in Thai domestic law. This creates additional opportunities for legal challenge, as the requesting state must demonstrate that they would provide similar cooperation to Thailand in comparable circumstances.

Given the complexity of international extradition law and the high stakes involved, early engagement with qualified legal counsel is essential for anyone facing potential extradition to Côte d’Ivoire.