Process of extraditing a tedious one, says former judge

PETALING JAYA: Malaysia has signed extradition treaties and Mutual Legal Assistance with more than 50 countries to track down and extradite wanted persons for legal purposes.

While the treaty is a legal framework to allow extradition orders between Malaysia and the signatory countries, the process of implementing it is not straightforward.

Former Kuala Lumpur Bar Criminal Practice Committee chairman Lim Chi Chau said there are many procedures which needed to be followed before a person could be extradited back to Malaysia.

He said Malaysia needs to determine the crime the person is accused of before making the application to a foreign government, department or agencies to arrest and extradite the wanted person.

This is a tedious and delicate process even with the signed treaty, he said.

In certain cases, Lim said, extradition between two countries require the element of double cri­minality.

“The other country must also recognise the crime the person committed in Malaysia. If the country where the wanted person resides does not have a similar or identical law,it would make it much harder for the extradition order to be carried out,” he said.

In such circumstance, Malaysia would need to challenge the decision of that country in its courts.

He said even if the person is allowed to be extradited, he or she can challenge the decision in the local court to stop the expulsion order.

Retired Federal Court judge Datuk Seri Gopal Sri Ram said some time ago, when the United States wanted a terrorist hiding in Pakis­tan to be rendered to the United States, they sent a team and “seized” him.

“So if the US can do that and if it is considered as having being properly done in the eyes of international law, then there is no reason why Malaysia should not do the same.

“Some people condemned it as kidnapping but the US defended it on the grounds of rendition,” he said.

There is a possibility that Malaysia can do the same but what steps are to be taken is for the Government and enforcement agencies to decide, he said.

Gopal said another way is for the Government to request its counterparts from any other country which Low Taek Jho, better known as Jho Low, is hiding, is for permission to have him taken into custody and brought back to Malaysia.