In my humble opinion, unless there is some serious diplomatic cheek-pecking, balls-rubbing, golf-playing or arm-twisting going on between Malaysia and Australia, Malaysia can forget about ever extraditing Sirul from Australia. To extradite Sirul, Malaysia has to make an extradition request. The Australian government then would have to serve a notice on Sirul. Sirul then can go to the Australian Court to resist the extradition. In international law, a Sovereign State has legal authority over all persons within its borders. The State does not have any obligation to surrender anybody within its borders to any other State. (of course Malaysia had so readily surrendered one fellow to Saudi Arabia even though there wasnt an extradition request before but then again Malaysia is always a special country, no?). When an extradition is being resisted, the Court would, under normal circumstances NOT GRANT EXTRADITION if:- a) the purpose of the extradition is to enforce a tax law or obligation (for example, to make Sirul pay tax). b) the case is a political one rather then legal. c) the dual criminality test is not satisfied. The offence for which the extradition is requested by Malaysia must also be an offence in Australia. Meaning, if Sirul is being extradited to face sedition charges here, the Court in Australia would not grant extradition because sedition IS NOT an offence over there....AND This last condition applies to Siruls case. Generally, if it was possible that the subject of the request (in this case, Sirul) would face torture, inhuman or other degrading punishment or process in the requesting country (in the event the extradition is granted), then the extradition would NOT be granted. So lets say Brunei applies to extradite Mr X from Australia to face death by stoning. No extradition would be granted. In our case, the death penalty has been abolished by Australia (I am told). If that was the case, I dont think the Australian Court would grant extradition because to do so Sirul would be facing a penalty that is deemed inhuman or barbaric by Australia. This doesnt mean that the Australian government is not being helpful. It is just that they have to act within the boundary of their laws, which every Sovereign State does or is expected to do. Sekian.
Posted on: Tue, 20 Jan 2015 01:37:04 +0000
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