Countries with no extradition treaty with Thailand

An international extradition treaty is an agreement between two states establishing a legal obligation to cooperate in the transfer of individuals accused or convicted of crimes. Such agreements define the list of crimes subject to extradition and procedural requirements.

However, the absence of a treaty between countries does not always mean the impossibility of extradition. Thai law allows for the consideration of requests even without a formal agreement.

Conditions for Extradition

No Treaty ≠ No Extradition — the key idea. Even if there is no agreement, extradition may be possible under the following conditions:

1. Multilateral international agreements. Thailand and the requesting country may be parties to UN conventions (against corruption, terrorism, drug trafficking). This serves as a legal basis for extradition.
2. The principle of reciprocity. Even without a treaty, countries can agree on extradition based on diplomatic courtesy and mutual expectations.
3. National legislation. The laws of some countries allow the extradition of individuals to Thailand without a treaty, provided certain conditions are met.

Thus, countries with no extradition treaty with Thailand are not a guaranteed protection from extradition. In each case, a legal assessment is required.

Thailand’s bilateral Extradition Treaties

A list of countries with which Thailand has bilateral extradition treaties:

• Australia
• Bangladesh
• Belgium
• Cambodia
• Canada
• China
• Fiji
• France
• India
• Indonesia
• Laos
• Malaysia
• Norway
• Peru
• Philippines
• Poland
• South Korea (Republic of Korea)
• Sri Lanka
• Ukraine
• United Kingdom (UK)
• United States of America (USA)

This means that extradition from Thailand and to Thailand at the request of these countries is carried out within the legal framework. If you are under threat of extradition from Thailand to one of the mentioned countries — contact our extradition lawyers.

Factors Affecting Extradition (Even with a Treaty)

The presence of a bilateral extradition agreement between Thailand and another state does not mean that the extradition of a person occurs automatically. In each case, a number of key legal, humanitarian, and political factors are taken into account, which may influence the final decision. It is these factors that often serve as the basis for rejecting a request even when a formally valid agreement exists.

1. The seriousness of the crime. One of the basic requirements is the presence of the so-called principle of double criminality: the act in question must be considered a crime under both Thai law and the laws of the requesting state. Furthermore, it is often specified in agreements that extradition is possible only if the punishment is one year of imprisonment or more. If the act is minor or administrative in nature, a court in Thailand may refuse extradition.
2. The political nature of the crime. Thailand’s Extradition Act B.E. 2551 (2008) explicitly excludes the possibility of extradition if the crime is of a political nature. This includes charges related to political activity, expression of opinions, participation in rallies, and even publications in the media. Exceptions may include crimes that are disguised as political but are actually related to terrorism or violence.
3. The citizenship of the accused. Although Thailand does not prohibit the extradition of its citizens, in many countries such a restriction exists. In cases where the requested country prohibits the extradition of its citizens, extradition may be blocked even if a treaty is in place. On the other hand, if it concerns extradition from Thailand, this factor may not matter, as the law allows for the extradition of both citizens and foreigners, provided the conditions are met.
4. Human rights and the risk of inhuman treatment. One of the most frequently used arguments for refusing extradition is the risk that the person, after extradition, will be subjected to torture, cruel treatment, unfair trial, or imprisonment not meeting international standards. The court in Thailand carefully assesses the situation in the requesting country, including detention conditions and the observance of prisoners’ rights. If it is determined that there is a risk of fundamental rights violations, extradition to or from Thailand may be denied.
5. The presence of double jeopardy (ne bis in idem). Extradition is impossible if the person has already been convicted or acquitted in Thailand or another jurisdiction for the same crime. This principle guarantees protection against repeated prosecution for the same act and applies regardless of the existence of an agreement.

Considering these factors, defense in extradition cases requires a thorough legal strategy and an individual analysis of circumstances. The work of an experienced thailand extradition law firm allows for the effective use of each of these elements to prevent illegal or unjustified extradition.

Extradition Procedure in Thailand

The extradition procedure in Thailand is strictly regulated by the law Thailand’s Extradition Act B.E. 2551 (2008) and includes several key stages. Each of them is important from the perspective of the legal protection of the accused and requires careful legal support. Understanding all stages is extremely important for those who may face extradition from Thailand or, conversely, extradition to Thailand.

1. Submission of a request — a foreign state sends an official extradition request through diplomatic channels. The request is usually submitted through the embassy or consulate in Thailand and forwarded to the Ministry of Foreign Affairs.
2. Preliminary review by the Ministry of Foreign Affairs and the Prosecutor’s Office — documents are analyzed for compliance with formal requirements, as well as checked for grounds for extradition. At this stage, it is important that the request contains detailed information about the crime, evidence, and legal qualification of the act. If the information is insufficient, the request may be rejected even before being submitted to court.
3. Arrest of a person — if the request is deemed admissible, the prosecution initiates the detention of the suspect. Detention can be either a temporary measure before the hearings begin or a full-fledged arrest. This stage is especially critical, and the defense must get involved as soon as possible. The possibility to appeal the arrest or seek release on bail requires involving an experienced attorney.
4. The court proceedings in the Bangkok Court of Appeal are a central stage. The court evaluates the evidence, checks compliance with the conditions of the law: the presence of a crime, the admissibility of extradition, the political status of the case, and others. Hearings can be held either in closed or open sessions, depending on the nature of the charges. The judge also examines whether the request violates Thailand’s international obligations and human rights guarantees.
5. The final decision and approval by the Ministry of Justice — if the court considers extradition permissible, the materials are transferred to the Ministry of Justice of Thailand, which makes the final decision. The Minister of Justice has the right to refuse extradition, even if the court has given a positive conclusion. Thus, the decision is both political and legal.

The procedure may take from several weeks to several months. The complexity and duration depend on the country submitting the request, the content of the charges, and the behavior of the defense. During this time, it is extremely important to work with a qualified extradition law firm in Thailand, which will ensure compliance with all procedural norms, protection of the accused’s rights, submission of motions and appeals, and, if necessary, appeals to international organizations and human rights institutions.

Countries WITHOUT a Specific Bilateral Treaty with Thailand

At first glance, it may seem that countries with no extradition treaty with Thailand provide guaranteed protection. However, this is not the case. Thailand has one of the most flexible extradition systems in Southeast Asia. According to Thailand’s Extradition Act B.E. 2551 (2008), even the absence of a bilateral treaty does not prevent the initiation of an extradition procedure.

The law allows for the consideration of a request from any foreign state if the basic legal criteria are met:

• The crime imputed to the person must be punishable under the laws of Thailand by imprisonment for a term of not less than one year;
• The matter should not have a political nature;
• Procedural and legal guarantees of a fair trial must be observed;
• There should be no risk of violating human rights or Thailand’s international obligations.

Thus, even if there is no signed agreement between Thailand and your country, extradition from Thailand remains a real threat. Similarly, at the request of the Kingdom, it is possible to initiate extradition to Thailand. Therefore, it is important to understand that extradition is possible not only based on a formal treaty but also on the basis of national legislation, international conventions, and diplomatic practice.

The knowledge that extradition laws in Thailand allow such broad possibilities should be a reason for immediately contacting our extradition lawyers if there is a risk of a case being initiated.

Does Thailand have extradition with the UK?

Yes, Thailand and the United Kingdom have an active extradition relationship, governed by the Thailand-UK Extradition Treaty. Both countries adhere to international extradition principles and engage in extradition proceedings based on this bilateral agreement as well as reciprocal legal cooperation.

Possible Cases of Extradition between Thailand and the UK:

• Extradition Based on the Extradition Treaty: The Thailand-UK extradition treaty outlines the procedures for extradition for offenses such as drug trafficking, financial fraud, money laundering, cybercrime, and violent crimes. Extradition is possible for crimes that are punishable by imprisonment in both jurisdictions.
• Extradition with Diplomatic Assurances: If concerns arise about human rights violations, Thailand may require diplomatic assurances that the individual will receive fair treatment and will not face torture or the death penalty.

Refusal of Extradition between Thailand and the UK

Extradition may be denied if:

• The offense is political in nature.
• The individual is a national of the requested state (unless the Thailand UK extradition treaty allows for the extradition of nationals).
• The individual has already been tried and acquitted for the same offense (principle of ne bis in idem).
• The statute of limitations has expired. 

Extradition Procedure in Thailand and the UK:

1. Request Submission: The requesting state (UK) submits a formal extradition request through diplomatic channels or judicial cooperation authorities in Thailand.
2. Judicial Review: Thai authorities review the legal basis of the request, ensuring compliance with both the Thailand UK extradition treaty and international law.
3. Decision by Competent Authorities: The Ministry of Justice or Thai courts decide whether to grant extradition.
4. Surrender of the Individual: If approved, the individual is transferred to the requesting state (UK) under secure conditions.

Does Thailand have extradition with Italy

Both nations, Thailand and Italy, adhere to international extradition principles and may engage in extradition proceedings based on multilateral agreements or reciprocal legal cooperation.
Possible Cases of Extradition between Thailand and Italy:

1. Extradition Based on Multilateral Agreements. Both Thailand and Italy are parties to international conventions such as the United Nations Convention Against Transnational Organized Crime and the European Convention on Extradition. These agreements facilitate extradition for offenses such as terrorism, drug trafficking, corruption, and organized crime.
2. Extradition with Diplomatic Assurances. If the requested state has concerns about human rights violations, it may require diplomatic assurances that the individual will receive fair treatment and will not face torture or the death penalty.

Refusal of Extradition between Thailand and Italy

Extradition may be denied if:

• – The offense is political in nature.
• – The individual is a national of the requested state (unless an agreement allows extradition of nationals).
• – The individual has already been tried and acquitted for the same offense (principle of ne bis in idem).
• – The statute of limitations has expired.

Extradition Procedure in Thailand and Italy:

1. Request Submission – The requesting state submits an official extradition request through diplomatic channels or judicial cooperation authorities.
2. Judicial Review – The requested state examines the legal basis, evidence, and compliance with international law.
3. Decision by Competent Authorities – The Ministry of Justice or judicial courts decide whether to grant extradition.
4. Surrender of the Individual – If approved, the individual is transferred to the requesting state under secure conditions.

Does Thailand have an extradition with the US

Yes, Thailand and the United States have an active extradition relationship governed by a bilateral treaty signed in 1983 and the domestic law Thailand’s Extradition Act B.E. 2551 (2008). This legal framework allows for the surrender of individuals charged with or convicted of offenses punishable by more than one year of imprisonment in both countries.

Does Thailand have an extradition treaty with the US? Yes—the treaty outlines procedures and conditions for extradition between the two countries, covering crimes such as drug trafficking, financial fraud, cybercrime, and violent offenses. All requests must comply with the principle of dual criminality and the legal standards set forth in Thai law.

Will Thailand extradite to the US

Thailand may grant extradition to the United States if the request meets the treaty conditions and the standards of Extradition Act B.E. 2551 (2008). However, Thai courts may refuse extradition in cases where:
– The offense is considered political
– The person is a Thai national (unless Thai law allows extradition in such cases)
– The request lacks sufficient evidence or violates procedural rules
– There’s a risk of torture or capital punishment without diplomatic assurances
– The statute of limitations has expired or the case has already been resolved

Procedure

1. The U.S. submits a formal request via diplomatic channels.
2. Thai judicial authorities review the request under the Extradition Act and relevant treaties.
3. If approved, the individual is transferred to U.S. custody under secure conditions.

All decisions are made by Thai courts with respect for international law and national sovereignty.

Conclusion: legal assistance is needed

Extradition is a complex and sensitive legal procedure. Situations with an Interpol Red Notice and requests from countries with strict criminal systems are especially dangerous. Only an experienced extradition attorney in Thailand can intervene in time, secure release on bail, challenge the legality of the request, or obtain political asylum.

Our extradition law firm in Thailand offers consultations and representation in extradition cases. We analyze the grounds, verify compliance with international standards, and protect your rights at every stage.

Hire a Thailand Extradition Attorney

If you are implicated in criminal proceedings in Thailand and face potential extradition, securing the legal counsel of a extradition criminal defense attorney with expertise in international law is imperative. Our highly skilled and experienced extradition lawyer Anatoly Yarovyi will provide guidance on navigating Thai extradition law, assessing whether extradition aligns with your legal interests, and advocating for your position before the competent judicial authorities.

For those seeking experienced and dependable legal counsel in Thailand, Interpol Red Notice firm offers comprehensive legal services, with over 20 years of experience in handling extradition cases involving individuals from diverse jurisdictions.

Whether you wish to comply with an extradition request or remove transfer to another legal system, our firm will assist in presenting your case effectively within Thai judicial proceedings.

For further inquiries regarding extradition procedures in Thailand, please do not hesitate to contact Interpol Red Notice law firm.

You can download the file with this information in PDF format for easy access to important legal details.

Dr. Anatoliy Yarovyi

Senior Partner

Phone:

+357 25 059 684

Email:

[email protected]

Info:

vCard

Book a consultation