Australia’s Bilateral Mutual Assistance & Extradition Relationships

What is Extradition?

Extradition is the process by which one country apprehends and sends a person to another country to face criminal charges or serve a sentence.

The Extradition Act provides Australia’s legislative basis for extradition. It sets out a number of mandatory requirements which must be met before Australia can make or accept an extradition request. Those requirements may be supplemented by requirements contained in a multilateral or bilateral treaty.

 

With which countries does Australia have an Extradition Treaty?

Australia has bilateral extradition relationships with the following countries:

ArgentinaHong KongMalaysiaSpain
AustriaHungaryMexicoSweden
BelgiumIndiaMonacoSwitzerland
BrazilIndonesiaNetherlandsTurkey
ChileIrelandNorwayUnited Arab Emirates
EcuadorIsraelParaguayUnited States of America
FinlandItalyPhilippinesUruguay
FranceKoreaPolandVenezuela
GermanyLatviaPortugalVietnam
GreeceLuxembourgSouth Africa

 

What is the benefit of having an Extradition Treaty

As outlined in the Manual on Mutual Legal Assistance (MLA) and Extradition, treaties are the most formal instrument available in both MLA and extradition matters. Treaties oblige the parties to cooperate with one another under international law, provided that the request falls within the terms of the treaty.

Bilateral extradition treaties between States help to provide greater clarity regarding the obligations and expectations in the extradition process. This is particularly the case when States share the same legal tradition, as the commonality found in the treaty will follow through to the domestic court process as well.

 

Further reading: Australia’s Bilateral Mutual Assistance Relationships

Nyman Gibson Miralis specialise in all aspects of extradition law, and have expertise in complex transnational investigations. Contact us if you require assistance.