The Improvement of the Guarantees of Rights of the Defendants in Extradition Proceedings under Thai Extradition Act B.E. 2551 (2008)

Abstract

In case where Thailand receives an extradition request to extradite person who is found in her territory to the other state, one of the critical issues to be determined is whether the human rights of the extradited person may be violated as a result of the successful extradition and the extradition proceedings. This study analyzes the present Thai extradition law from procedural and substantive perspectives and compares with the international human rights obligations that are incumbent upon Thailand. The aim of the study is to make suggestions for amendments and interpretation of the current law in order to make clarity of the extradition proceedings and conformity to Thailand’s international human rights obligations. The result of the study shows that the current Extradition Act B.E. 2551 (2008) still lacks sufficient and clear references and connections to human rights laws. This problem may have created asymmetrical number of cases that Thailand extradites to other states versus cases that other states extradite to Thailand. The result of the analysis in this study would lead to amendments and progressive interpretation of the present law to elevate Thailand’s human rights standards in connection with extradition matters while striking the balance between the efficiency of law enforcement against transnational crimes and individual rights.