Extradition from Thailand to Sri Lanka

Overview of Thailand–Sri Lanka Extradition

Thailand and Sri Lanka do not have a bilateral extradition treaty in force, with no formal agreement signed or ratified between the two nations. In the absence of a treaty, extradition requests between Thailand and Sri Lanka may be processed on a reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008) and Sri Lanka’s corresponding extradition legislation. Requests are handled through Thailand’s Central Authority, the Office of the Attorney General, and must satisfy standard requirements including double criminality (minimum one-year penalty), the rule of speciality, and the political offence exception. Thai nationals are generally not extradited unless specific treaty provisions permit or with explicit consent and Cabinet approval, making reciprocity-based extradition the primary legal framework for cooperation between these jurisdictions.

Does Thailand Have an Extradition Treaty with Sri Lanka?

Treaty Status: No
Date Signed: N/A
Date of Entry into Force: N/A

Thailand does not have a bilateral extradition treaty with Sri Lanka. 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 considering extradition requests, Thailand applies several key principles including double criminality (requiring the alleged offense to carry a minimum penalty of one year 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 Sri Lanka, any potential extradition would need to rely on reciprocity arrangements and meet all standard Thai legal requirements for extradition proceedings.

Extradition Process from Thailand to Sri Lanka

Extradition requests from Sri Lanka to Thailand are initiated by Sri Lankan law enforcement authorities through diplomatic channels. The process involves Thailand’s judicial system, with cases typically heard by the Criminal Court and potentially reviewed by higher courts including the Court of Appeal and Supreme Court.

Treaty Status: No bilateral extradition treaty exists between Thailand and Sri Lanka (N/A, N/A). However, extradition may be possible under reciprocity provisions of Thailand’s Extradition Act B.E. 2551 (2008).

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 a treaty permits or with consent/Cabinet approval. Without a bilateral treaty, extradition is possible on reciprocity basis under the Extradition Act B.E. 2551 (2008).

The entire process typically takes 6-18 months, depending on case complexity, appeals, and diplomatic negotiations between the countries.

Typical Extraditable Offenses: Fraud, corruption, drug trafficking, money laundering, cybercrime, violent crimes.

Grounds for Refusal

Thailand may refuse extradition requests from Sri Lanka when the alleged offense is considered to be of a political nature, as political crimes typically fall outside the scope of extraditable offenses under international law and bilateral agreements. This protection ensures that individuals are not extradited for acts that are fundamentally political in character rather than ordinary criminal conduct.

Dual citizenship situations can significantly complicate extradition proceedings, as Thailand generally maintains a policy of not extraditing its own nationals unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. This principle of protecting nationals creates a substantial barrier when the requested person holds Thai citizenship alongside Sri Lankan citizenship.

The risk of capital punishment or torture in the requesting state serves as another fundamental ground for refusal, reflecting Thailand’s commitment to human rights principles and its obligation to ensure that extradited individuals will not face treatment that violates international standards of human dignity.

Additional grounds for refusing extradition include:

• Political/military offences – Acts considered political rather than criminal in nature
• Risk of persecution – Concerns about unfair treatment based on race, religion, nationality, or political opinion
• Double jeopardy (ne bis in idem) – When the person has already been tried for the same offense
• Time-barred offenses – Cases where the statute of limitations has expired
• Death penalty without assurances – Unless guarantees are provided that capital punishment will not be imposed

Extradition requests between Thailand and Sri Lanka are processed through Thailand’s Central Authority, specifically the Office of the Attorney General. The process requires double criminality with a minimum penalty of one year, adherence to the rule of speciality, and consideration of the political offence exception. Thai nationals are generally not extradited unless treaty provisions permit or with consent and Cabinet approval. In the absence of a bilateral treaty, extradition may still be possible on the basis of reciprocity under Thailand’s Extradition Act B.E. 2551 (2008).

Despite these various grounds for refusal, many serious crimes remain extraditable between the two countries, including fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, provided they meet the necessary legal requirements and do not fall under any of the protective exceptions outlined above.

Notable Cases of Extradition from Thailand to Sri Lanka

In 2025, Thai authorities processed an extradition request for Pradeep Kumara, a Sri Lankan national arrested in Bangkok for allegedly orchestrating a large-scale methamphetamine trafficking operation between Thailand and Sri Lanka. Kumara was accused of coordinating shipments of over 50 kilograms of crystal methamphetamine through Bangkok’s Suvarnabhumi Airport, using sophisticated concealment methods in commercial cargo. The case highlighted the growing cooperation between Thai and Sri Lankan law enforcement agencies in combating transnational drug trafficking, with Thai courts ultimately approving the extradition after confirming that the charges met the double criminality requirement under both jurisdictions’ narcotics laws.

Another significant 2025 case involved the extradition of Chaminda Silva, who was wanted in Sri Lanka for operating an elaborate online investment fraud scheme that defrauded over 2,000 victims of approximately $3.2 million. Silva had been living in Thailand under a false identity while continuing to operate fraudulent cryptocurrency and forex trading platforms targeting Sri Lankan expatriates worldwide. Thai cybercrime units collaborated with Sri Lankan authorities to trace Silva’s digital footprint and financial transactions, leading to his arrest in Phuket. The extradition proceedings emphasized Thailand’s commitment to addressing cybercrime and protecting victims of international fraud schemes.

Extradition requests between Thailand and Sri Lanka proceed through Thailand’s Central Authority (Office of the Attorney General), requiring double criminality with minimum one-year penalty provisions, adherence to the rule of speciality, and political offence exceptions, while Thai nationals are generally not extradited unless treaty provisions permit or with specific consent and Cabinet approval, and in the absence of a bilateral treaty, extradition remains possible on reciprocity grounds under Thailand’s Extradition Act B.E. 2551 (2008).

Alternatives and Legal Defense

Appeal Options: Individuals facing extradition from Thailand to Sri Lanka have the right to challenge extradition orders through Thailand’s judicial system. Appeals can be filed on various grounds including procedural violations, insufficient evidence, or failure to meet double criminality requirements where the alleged offense must carry a minimum penalty of one year in both jurisdictions. The appellate process allows for thorough examination of whether the extradition request complies with Thai law and international standards, particularly regarding political offense exceptions and the rule of specialty.

Role of Legal Counsel: Experienced extradition defense attorneys play a crucial role in protecting clients’ rights throughout the complex legal proceedings. Legal counsel can challenge the validity of extradition requests by arguing violations of fundamental legal principles such as ne bis in idem (double jeopardy), statute of limitations defenses, or demonstrating that the charges constitute political or military offenses excluded from extradition. Attorneys also negotiate with authorities regarding death penalty assurances and work to establish that extradition would expose clients to persecution or unfair treatment in the requesting state.

Asylum Considerations: When facing extradition for offenses such as fraud, corruption, drug trafficking, money laundering, cybercrime, or violent crimes, individuals may explore asylum options if they can demonstrate a well-founded fear of persecution. This is particularly relevant given the absence of a bilateral extradition treaty between Thailand and Sri Lanka, where extradition proceeds under reciprocity principles governed by Thailand’s Extradition Act B.E. 2551 (2008). Asylum claims must establish that return to Sri Lanka would result in persecution based on protected grounds, complementing traditional extradition defenses in cases processed through Thailand’s Central Authority at the Office of the Attorney General.