Extradition from Thailand to Madagascar

Overview of Thailand–Madagascar Extradition

Thailand and Madagascar do not have a bilateral extradition treaty in place. Despite the absence of a formal agreement, extradition requests between the two countries may still be processed through reciprocity arrangements under Thailand’s domestic legislation.

The legal framework governing extradition from Thailand is primarily established by the Extradition Act B.E. 2551 (2008), which allows for extradition proceedings even without a bilateral treaty, provided that reciprocity conditions are met. All extradition requests are processed through Thailand’s Central Authority, which is the Office of the Attorney General.

Key principles that apply to Thailand-Madagascar extradition cases include the double criminality requirement (the alleged offense must be punishable by at least one year imprisonment in both countries), the rule of specialty (limiting prosecution to specified charges), 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 formal treaty, any potential extradition between Thailand and Madagascar would rely heavily on diplomatic negotiations and the reciprocity framework established under Thai law.

Does Thailand Have an Extradition Treaty with Madagascar?

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

Despite the absence of a bilateral treaty, extradition requests between Thailand and Madagascar may still be possible under the principle of reciprocity, as provided for in Thailand’s Extradition Act B.E. 2551 (2008). This domestic legislation allows Thailand to consider extradition requests from countries without formal treaties on a case-by-case basis, provided certain conditions are met.

Any extradition requests would be processed through Thailand’s Central Authority, which is the Office of the Attorney General. The standard requirements would apply, including:

• Double criminality – the offense must be punishable by at least one year imprisonment in both countries
• Rule of specialty – the requested person can only be prosecuted for the specific charges mentioned in the extradition request
• Political offense exception – extradition is generally not granted 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. Given the absence of a bilateral treaty with Madagascar, extradition of Thai citizens would be highly unlikely without extraordinary circumstances and government approval.

The lack of a formal extradition treaty means that any cooperation in criminal matters would rely on diplomatic channels and mutual legal assistance rather than binding legal obligations.

Extradition Process from Thailand to Madagascar

The extradition process between Thailand and Madagascar operates under Thailand’s domestic legislation, as no bilateral extradition treaty exists between the two countries. This means that any extradition request must be processed through Thailand’s reciprocity provisions under the Extradition Act B.E. 2551 (2008).

Who Initiates the Request

Extradition requests from Madagascar to Thailand are initiated by Madagascar’s competent judicial authorities and must be transmitted through diplomatic channels. The request is then processed by Thailand’s Central Authority, which is the Office of the Attorney General. All documentation must be properly authenticated and translated into Thai language to ensure proper legal processing.

The requesting state must demonstrate that the alleged offense would constitute a crime under both Thai and Malagasy law, with a minimum penalty of one year imprisonment required under the double criminality principle.

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 – Serves as the Central Authority responsible for receiving and processing international extradition requests
• Criminal Court – Reviews the legal merits of the extradition request and determines whether the requirements are met
• Court of Appeals – Handles appeals against lower court decisions regarding extradition matters
• Supreme Court – Final judicial authority for extradition appeals in complex cases
• Ministry of Justice – Provides administrative oversight and ensures compliance with Thai extradition laws

Thai nationals are generally not extradited unless specific circumstances apply, such as Cabinet approval or explicit consent from the individual concerned.

Processing Timeframes

Without a bilateral treaty, extradition proceedings between Thailand and Madagascar typically follow extended timeframes due to the reciprocity-based process:

The absence of a bilateral treaty significantly extends processing times, as Thai authorities must carefully evaluate reciprocity principles and ensure all legal safeguards are properly applied. 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 under both jurisdictions’ laws.

Political offense exceptions and the rule of specialty apply to all cases, meaning individuals cannot be prosecuted for offenses other than those specified in the original extradition request without additional proceedings.

Grounds for Refusal

Thailand maintains several legal safeguards that can prevent extradition to Madagascar, even in cases where criminal charges appear valid. Understanding these grounds for refusal is crucial for anyone 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 principle recognizes that political dissidents should not be subject to prosecution in foreign jurisdictions where they may face persecution for their beliefs or political activities.

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. Cases involving opposition activities, protests, or crimes connected to political movements may qualify for this protection.

Thai Nationality Protection

Thailand generally does not extradite its own nationals unless specific treaty provisions permit such action or explicit consent is given, including Cabinet approval. This protection extends to individuals who hold Thai citizenship, regardless of whether they also possess citizenship from the requesting country.

For dual citizens of Thailand and Madagascar, this principle can provide significant protection. However, the application of this rule may depend on various factors, including how the individual acquired Thai citizenship and their primary residence status.

Risk of Death Penalty and Torture

Thailand will refuse extradition requests where there is a substantial risk that the individual may face the death penalty without adequate assurances from the requesting state. Given that Madagascar has abolished the death penalty, this particular ground may be less relevant in Thailand-Madagascar cases, but it remains an important legal principle.

More significantly, Thailand will not extradite individuals who face a real risk of torture or persecution in the requesting country. This protection aligns with international human rights standards and Thailand’s obligations under various international conventions.

Additional Legal Safeguards

Several other grounds can lead to refusal of extradition requests:

• Double Jeopardy (Ne Bis In Idem): If the individual has already been tried and convicted or acquitted for the same offense in Thailand or another jurisdiction
• Time-Barred Offences: When the alleged crimes fall outside the statute of limitations under either Thai law or the law of the requesting state
• Insufficient Double Criminality: The alleged conduct must constitute a crime in both Thailand and Madagascar, with a minimum penalty of one year imprisonment

Since Thailand and Madagascar do not have a bilateral extradition treaty, any extradition would need to proceed under Thailand’s Extradition Act B.E. 2551 (2008) on the basis of reciprocity. This adds an additional layer of complexity and potential grounds for refusal, as Thai authorities must be satisfied that Madagascar would reciprocate in similar circumstances.

The absence of a formal treaty also means that Thailand has greater discretion in evaluating requests and may apply stricter standards when determining whether to grant extradition to Madagascar.

Notable Cases of Extradition from Thailand to Madagascar

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

Case 1: International Cybercrime Network Operation (2025)

In March 2025, Thai authorities processed an extradition request from Madagascar for a Malagasy national involved in a sophisticated online fraud scheme targeting victims across the Indian Ocean region. The suspect, who had been operating from Bangkok, was allegedly part of a cybercrime network that defrauded businesses and individuals of over $2.3 million through fake investment platforms and romance scams.

The case proceeded through Thailand’s Central Authority at the Office of the Attorney General, which verified that the charges met the double criminality requirement – the offenses carried penalties exceeding one year in both jurisdictions. Despite the absence of a bilateral treaty, Thai authorities approved the extradition based on reciprocity principles, with Madagascar providing assurances regarding fair trial procedures and humane treatment.

The extradition was completed in May 2025, marking one of the first successful cases of its kind between the two nations. The case highlighted the effectiveness of Thailand’s legal framework in addressing transnational cybercrime even without formal treaty arrangements.

Case 2: Cross-Border Drug Trafficking Operation (2025)

In August 2025, a significant drug trafficking case involved the extradition of a foreign national who had been coordinating heroin shipments from Thailand to Madagascar via intermediary countries. The suspect, arrested in Phuket, was allegedly managing a network that smuggled narcotics concealed in legitimate cargo shipments.

Madagascar’s extradition request was supported by substantial evidence, including intercepted communications and financial records demonstrating the suspect’s role in the trafficking operation. The Thai authorities conducted a thorough review to ensure compliance with the rule of specialty, confirming that prosecution would be limited to the charges specified in the extradition request.

The case required careful consideration of potential political offense exceptions, but authorities determined that drug trafficking constituted a common crime under both legal systems. The extradition was approved in October 2025, with the suspect being transferred to Madagascar to face charges that could result in up to 20 years imprisonment.

Both cases demonstrate Thailand’s commitment to international cooperation in combating serious crimes, even in the absence of formal bilateral treaties. The successful processing of these extradition requests under reciprocity arrangements has established important precedents for future cooperation between Thailand and Madagascar in criminal matters involving fraud, corruption, drug trafficking, money laundering, and other serious offenses.

Alternatives and Legal Defense

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

Appeal Opportunities

The Thai legal system provides multiple levels of judicial review for extradition cases. Defendants can challenge extradition orders through:

• Initial court proceedings – Challenging the extradition request at the first instance court level
• Appeal to higher courts – Filing appeals with the Court of Appeals and potentially the Supreme Court
• Constitutional challenges – Raising constitutional issues regarding human rights violations
• Administrative review – Challenging decisions made by the Office of the Attorney General as Thailand’s Central Authority

Legal Defense Strategies

Experienced legal counsel can employ various defense strategies based on the specific circumstances of each case. Key defense approaches include:

Challenging the legal basis: Since Thailand and Madagascar lack a bilateral extradition treaty, defense attorneys can argue against reciprocity-based extradition under the Extradition Act B.E. 2551 (2008). The absence of formal treaty obligations may weaken the requesting state’s position.

Double criminality defense: Legal representatives can challenge whether the alleged offense constitutes a crime in both jurisdictions with a minimum penalty of one year imprisonment, as required by Thai law.

Procedural defenses: Attorneys can scrutinize the completeness and accuracy of extradition documentation, challenging any procedural irregularities in the request process.

Asylum and Protection Options

While Thailand is not a signatory to the 1951 Refugee Convention, individuals facing extradition may still seek protection through various channels:

Non-refoulement principle: Even without formal refugee status recognition, Thailand generally respects the principle of non-refoulement, which prohibits returning individuals to territories where they face persecution.

UNHCR protection: The United Nations High Commissioner for Refugees operates in Thailand and may provide assistance to individuals claiming refugee status, though this does not guarantee protection from extradition.

Diplomatic intervention: In cases involving political persecution or human rights concerns, diplomatic channels through embassies or consulates may provide additional protection avenues.

Professional legal representation is essential when facing extradition proceedings. The complexity of international law, combined with the serious consequences of extradition, makes it crucial to engage attorneys with specific expertise in extradition defense and international criminal law.