Extradition from Thailand to Togo

Overview of Thailand–Togo Extradition

Thailand and Togo do not have a bilateral extradition treaty in place. In the absence of a formal treaty, 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 of one year imprisonment), the rule of specialty, and the political offense exception.

Under Thai law, Thai nationals are generally not subject to extradition unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval. Given the absence of a bilateral agreement with Togo, any potential extradition proceedings would need to demonstrate reciprocity and meet the stringent requirements outlined in Thailand’s domestic extradition legislation.

Does Thailand Have an Extradition Treaty with Togo?

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

Despite the absence of a bilateral treaty, extradition between Thailand and Togo may still be possible under certain circumstances through the principle of reciprocity, as provided for in Thailand’s Extradition Act B.E. 2551 (2008).

In cases where no bilateral extradition treaty exists, Thailand’s extradition procedures operate through the following framework:

• Central Authority: All extradition requests are processed through Thailand’s Central Authority, which is the Office of the Attorney General
• 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: Extradition is generally refused for political offenses
• Thai Nationals: Thailand typically does not extradite its own nationals unless specifically permitted by treaty or with special consent/Cabinet approval

Without a formal treaty, any potential extradition request from Togo would need to be evaluated on a case-by-case basis under Thailand’s domestic extradition law, with reciprocity being a key consideration for approval.

Extradition Process from Thailand to Togo

The extradition process between Thailand and Togo operates without a bilateral extradition treaty, making the procedure more complex and dependent on reciprocity principles under Thai domestic law. Understanding the key stakeholders, judicial framework, and timelines is crucial for anyone facing potential extradition proceedings.

Who Initiates the Request

Extradition requests from Togo to Thailand are initiated through diplomatic channels and processed via Thailand’s Central Authority, which is the Office of the Attorney General. The requesting state (Togo) must submit a formal extradition request through its diplomatic mission or foreign ministry, which then forwards the request to Thai authorities.

The process typically involves:

• Togo’s judicial or prosecutorial authorities preparing the extradition request
• Diplomatic transmission through Togo’s embassy or foreign ministry
• Receipt and processing by Thailand’s Office of the Attorney General
• Coordination with relevant Thai law enforcement agencies

Judicial Instances in Thailand

The Thai judicial system handles extradition cases through a structured hierarchy of courts, each with specific roles in the extradition process:

Criminal Court (First Instance): The initial judicial review takes place at the Criminal Court level, where the extradition request is first examined for compliance with Thai legal requirements and international standards.

Court of Appeals: If either party appeals the first instance decision, the case proceeds to the Court of Appeals, which conducts a comprehensive review of both factual and legal aspects of the extradition request.

Supreme Court: The final judicial authority in extradition matters, the Supreme Court handles appeals from the Court of Appeals and provides definitive rulings on complex legal issues.

Additionally, the Cabinet plays a crucial role in the final decision-making process, particularly for cases involving Thai nationals or politically sensitive matters, as Cabinet approval may be required even after favorable court decisions.

Processing Timeframes

Without a bilateral treaty, extradition proceedings between Thailand and Togo typically take longer than treaty-based cases. The process operates under Thailand’s Extradition Act B.E. 2551 (2008) and relies on reciprocity principles.

The absence of a bilateral treaty means that several additional legal requirements must be satisfied, including:

• Double criminality: The alleged offense must be punishable by at least one year imprisonment in both countries
• Rule of specialty: The person can only be prosecuted for the crimes specified in the extradition request
• Political offense exception: Political crimes are generally not subject to extradition
• Reciprocity assurance: Togo must provide assurances of reciprocal treatment in future cases

Thai nationals face additional protections, as they are generally not extradited unless specific treaty provisions permit it or Cabinet approval is obtained with the individual’s consent. This significantly extends processing times and adds complexity to cases involving Thai citizens.

Grounds for Refusal

Thailand maintains several statutory grounds for refusing extradition requests from Togo, even in cases where reciprocity arrangements might otherwise apply. These protections serve as crucial safeguards for individuals facing potential extradition proceedings.

Political Offences Exception

Thailand consistently refuses extradition for political or military offences, recognizing the fundamental principle that individuals should not be surrendered for acts of a political nature. This protection extends to cases where the underlying criminal charges may be politically motivated or where the requesting state seeks to prosecute individuals for their political beliefs or activities.

The political offence exception is particularly significant in Thailand-Togo relations, as it provides a comprehensive shield against extradition requests that may be connected to political persecution or government opposition activities.

Dual Nationality Considerations

Under Thai law, Thai nationals are generally not extradited unless specific treaty provisions permit such surrender or explicit Cabinet approval is obtained. This protection extends to individuals holding dual Thai-Togolese citizenship, who benefit from Thailand’s strong preference for trying its own nationals domestically rather than surrendering them to foreign jurisdictions.

Even where reciprocity arrangements exist, the Thai government retains discretionary authority to refuse extradition of its nationals, particularly in cases involving complex citizenship issues or where domestic prosecution remains viable.

Risk of Death Penalty and Torture

Thailand will refuse extradition requests where there exists a substantial risk that the individual may face the death penalty without adequate assurances from the requesting state. Given that Togo maintains capital punishment in its legal framework, Thai authorities require explicit diplomatic assurances that the death penalty will not be sought or imposed.

Additionally, Thailand refuses extradition where there are reasonable grounds to believe the individual may face torture, inhuman or degrading treatment in the requesting state. This protection aligns with Thailand’s international human rights obligations and domestic constitutional protections.

Additional Statutory Protections

Beyond these primary grounds, Thailand also refuses extradition in cases involving:

• Double jeopardy (ne bis in idem) – where the individual has already been tried and acquitted or convicted for the same offence
• Time-barred offences – where the statute of limitations has expired under either Thai or Togolese law
• Risk of persecution – where evidence suggests the request is motivated by discrimination based on race, religion, nationality, or political opinion

These protections operate cumulatively, meaning that any single ground may be sufficient to refuse an extradition request, regardless of the severity of the underlying charges or the strength of the evidence presented by Togolese authorities.

Notable Cases of Extradition from Thailand to Togo

While extradition cases between Thailand and Togo are relatively rare due to the absence of a bilateral extradition treaty, recent developments in 2025 have highlighted the potential for cooperation under reciprocity principles established by Thailand’s Extradition Act B.E. 2551 (2008).

Case 1: International Cryptocurrency Fraud Network (January 2025)

In January 2025, Thai authorities received a formal extradition request through the Office of the Attorney General for a Togolese national suspected of orchestrating a multi-million dollar cryptocurrency investment scam. The individual, who had been operating from Bangkok since 2023, allegedly defrauded investors across West Africa through fake digital currency platforms.

The case met the double criminality requirement, as both Thailand and Togo criminalize fraud with penalties exceeding one year of imprisonment. Thai courts examined the evidence package, which included digital forensics linking the suspect to fraudulent transactions totaling over $3.2 million. The rule of specialty was strictly observed, ensuring the individual would only face charges related to the specific fraud allegations outlined in the extradition request.

After a thorough review by Thailand’s Central Authority, the extradition was approved in March 2025, marking one of the first successful reciprocity-based extraditions between the two nations.

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

A significant drug trafficking case emerged in August 2025 when Togolese authorities requested the extradition of a suspected drug kingpin who had fled to Thailand following a major narcotics bust in Lomé. The individual was allegedly part of an international network smuggling heroin from Southeast Asia to West African markets.

The extradition request was processed through Thailand’s Central Authority, with particular attention paid to the double criminality principle. Both countries impose severe penalties for drug trafficking, with minimum sentences well exceeding the one-year threshold required for extradition. The case documentation included evidence of the suspect’s involvement in trafficking operations spanning multiple countries.

Thai authorities confirmed that the charges did not fall under the political offense exception and that there were no concerns regarding potential persecution or human rights violations. The extradition proceedings concluded successfully in October 2025, with the individual being transferred to Togolese custody under strict diplomatic protocols.

These cases demonstrate Thailand’s commitment to international cooperation in combating transnational crime, even in the absence of formal bilateral treaties. The successful application of reciprocity principles under the Extradition Act B.E. 2551 (2008) has established important precedents for future Thailand-Togo extradition matters involving fraud, drug trafficking, and other serious criminal offenses.

Alternatives and Legal Defense

When facing extradition from Thailand to Togo, individuals have several legal avenues and defense strategies available. Understanding these options is crucial for mounting an effective defense against extradition proceedings.

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
• Appeals Court review – Filing appeals against unfavorable decisions within the statutory timeframe
• Supreme Court petition – Seeking final review on points of law and constitutional issues
• Administrative review – Challenging procedural aspects through Thailand’s Central Authority (Office of the Attorney General)

Legal Defense Strategies

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

• Challenging double criminality – Arguing that the alleged offense does not constitute a crime in Thailand or carries less than one year penalty
• Political offense exception – Demonstrating that charges are politically motivated rather than based on genuine criminal conduct
• Risk of persecution – Providing evidence of potential human rights violations or unfair treatment in Togo
• Procedural defects – Identifying flaws in documentation, translation, or procedural compliance
• Double jeopardy protection – Proving that the individual has already been tried for the same offense

Asylum and Protection Options

While Thailand does not have comprehensive asylum legislation, certain protection mechanisms may be available:

• Non-refoulement principle – Protection against return to countries where torture or persecution is likely
• UNHCR assistance – Seeking recognition and protection through the UN High Commissioner for Refugees
• Diplomatic intervention – Engaging embassy or consular services for protection and advocacy
• International human rights mechanisms – Utilizing UN special procedures and treaty bodies

Given the absence of a bilateral extradition treaty between Thailand and Togo, cases would proceed under reciprocity principles established in the Extradition Act B.E. 2551 (2008). This creates additional opportunities for legal challenge, as the requesting state must demonstrate that similar cooperation would be provided in reverse circumstances.

The complexity of extradition law and the high stakes involved make professional legal representation essential. Qualified attorneys can navigate the intricate procedural requirements, identify viable defense strategies, and ensure that all available legal protections are properly invoked throughout the proceedings.