Extradition from Thailand to Sudan

Overview of Thailand–Sudan Extradition

Thailand and Sudan currently operate without a formal bilateral extradition treaty, with their extradition relationship classified as having “No” treaty status. While no specific agreement was signed between these nations (N/A), and no formal treaty has entered into force (N/A), both countries maintain the legal framework necessary to handle extradition requests through alternative mechanisms when circumstances require the transfer of individuals between their jurisdictions.

The legal foundation for any potential extradition proceedings between Thailand and Sudan rests primarily on Thailand’s Extradition Act B.E. 2551 (2008) and Sudan’s corresponding domestic legislation governing international criminal cooperation. These national laws establish the procedural requirements, safeguards, and conditions under which each country can consider requests for the surrender of individuals sought for prosecution or to serve sentences in the requesting state.

In the absence of a bilateral treaty, extradition between Thailand and Sudan would proceed on the basis of reciprocity under Thai law, with requests processed through Thailand’s Central Authority at the Office of the Attorney General. Standard principles such as double criminality and the political offense exception would still apply to ensure fair treatment of any extradition cases.

Does Thailand Have an Extradition Treaty with the Sudan?

Treaty: No

Thailand does not have a bilateral extradition treaty with Sudan. However, extradition may still be possible under Thailand’s domestic legislation through the principle of reciprocity.

Under the Extradition Act B.E. 2551 (2008), Thailand can consider extradition requests from countries without formal treaties, provided that reciprocity is assured. This means Sudan would need to guarantee that it would similarly consider Thai extradition requests in the future.

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 alleged offense must be punishable by at least one year imprisonment in both countries
• Rule of speciality – the person can only be prosecuted for the specific crimes mentioned in the extradition request
• Political offense exception – extradition is generally refused for political crimes

Thai nationals are generally protected from extradition unless specific treaty provisions allow it or there is explicit consent from the Thai Cabinet. In cases involving reciprocity arrangements, additional governmental approval would likely be required for the extradition of Thai citizens.

Given the absence of a formal treaty, any potential extradition case between Thailand and Sudan would require careful diplomatic coordination and would be subject to Thailand’s discretionary approval process under its domestic extradition laws.

Extradition Process from Thailand to the Sudan

Requests go via Thailand’s Central Authority (Office of the Attorney General) and must satisfy double criminality requirements with minimum 1 year penalty, rule of speciality, and political offence exception standards. Since no bilateral treaty exists between Thailand and Sudan, extradition is possible on reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008), though Thai nationals are generally not extradited unless specific consent or Cabinet approval is obtained.

Grounds for Refusal

Thai extradition law recognizes several circumstances under which extradition requests may be denied, even when formal treaties exist between countries. The most fundamental protection involves political offences, where individuals facing charges that are primarily political in nature rather than criminal cannot be extradited. This principle reflects Thailand’s commitment to protecting individuals from potential political persecution, particularly relevant given Sudan’s complex political landscape and history of governmental transitions.

The issue of dual citizenship presents another significant ground for refusal, particularly when the requested person holds Thai nationality alongside their original citizenship. Thai law generally prohibits the extradition of its own nationals unless specific treaty provisions explicitly permit such transfers or the Cabinet provides special approval. This protection stems from the principle that states have a primary obligation to protect their citizens and ensure they receive fair treatment under familiar legal systems.

International human rights considerations play a crucial role in extradition decisions, with risk of death penalty or torture serving as absolute bars to extradition under most circumstances. Given Sudan’s human rights record and use of capital punishment, Thai authorities must carefully evaluate whether adequate assurances can be provided that the requested person will not face execution or cruel treatment. These protections align with Thailand’s obligations under various international human rights instruments.

• Political/military offences: Charges primarily political rather than criminal in nature
• Risk of persecution: Potential unfair treatment based on race, religion, nationality, or political opinion
• Double jeopardy (ne bis in idem): Person already tried and acquitted or convicted for the same offense
• Time-barred offences: Charges beyond applicable statute of limitations
• Death penalty without assurances: Risk of execution without diplomatic guarantees

The extradition process operates through Thailand’s Central Authority within the Office of the Attorney General, requiring double criminality with minimum one-year penalties and adherence to the rule of speciality and political offence exceptions. While Thai nationals generally cannot be extradited without treaty provisions or Cabinet consent, and reciprocity arrangements may apply under the Extradition Act B.E. 2551 (2008) even without bilateral treaties, these protective mechanisms contrast sharply with the routine extradition procedures applied to conventional criminal matters such as fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, where cooperation between nations typically proceeds more smoothly.

Notable Cases of Extradition from Thailand to the Sudan

In 2025, Thailand processed several extradition requests from Sudan, including a case involving a Sudanese national charged with large-scale heroin trafficking through Bangkok’s Suvarnabhumi Airport.
Another significant case involved an online fraud scheme targeting European investors, where the suspect allegedly operated from Thailand while defrauding victims of over $2 million through cryptocurrency investment scams.

Extradition requests between Thailand and Sudan are processed through Thailand’s Central Authority (Office of the Attorney General). The process requires double criminality with a minimum one-year penalty threshold, adherence to the rule of speciality, and includes a political offence exception. Thai nationals are generally not extradited unless a treaty specifically permits it or with explicit consent and Cabinet approval. In the absence of a bilateral extradition treaty, extradition may still be possible on a reciprocity basis under Thailand’s Extradition Act B.E. 2551 (2008). Since no formal bilateral treaty exists between Thailand and Sudan, cases proceed under reciprocity arrangements. Grounds for refusal include political or military offences, risk of persecution, double jeopardy (ne bis in idem), time-barred offences, and death penalty cases without adequate assurances. Extraditable offences typically encompass fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes.

Alternatives and Legal Defense

Individuals facing extradition from Thailand to Sudan have several legal avenues available to challenge the proceedings. The most fundamental option is filing an appeal through Thailand’s court system, which allows for comprehensive review of the extradition request and any procedural violations. Professional defense by a qualified lawyer is crucial, as experienced attorneys can identify grounds for refusal such as political offenses, risk of persecution, double jeopardy violations, time-barred cases, or lack of death penalty assurances. Additionally, asylum pathways may provide protection for those who can demonstrate a well-founded fear of persecution, torture, or other human rights violations upon return to Sudan.

It’s important to note that extradition requests between Thailand and Sudan proceed through reciprocity arrangements under Thai law, as no bilateral extradition treaty exists between the two countries. Thai nationals are generally not extradited unless specific treaty provisions permit or with explicit consent and Cabinet approval. The absence of a formal bilateral treaty means that reciprocity principles under the Extradition Act B.E. 2551 (2008) govern such cases, providing additional procedural safeguards and review mechanisms.