19 May 2009

TPEATY BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE REPUELIC OF INDONESIA
RELATING TO EXTRADITION

The Government of the Kingdom of Thailand and the Government of the Republic of Indonesia,
Desiring to strengthen the historical bonds of friendship between the two countries,

Considering that effective cooperation between the two countries in the administration of justice requires the conclusion of a treaty relating to extradition,

Have agreed as follows

Article 1
OELIGATION TO EXTRADITE

The Government of the Kingdom of Thailand and the Government of the Republic of Indonesia undertake to surrender to each other, subject to the provisions and conditions laid down in this Treaty, all persons against whom the competent authorities of the requesting Party are proceeding for a crime or who are wanted by the said authorities for the carrying out of a sentence.

Article 2
EXTRADITABLE CRIMES

1. Extradition shall be granted in respect of crimes listed in the Annex to this Treaty.
2. Crimes provided for in paragraph I of this Article inclu6e abetment and attempt to commit such crimes.
3. Amendments to the Annex mentioned in paragraph may from time to time be made by mutual agreement between the Parties; such agreement shall be recorded in an Exchange of Diplomatic Notes.

Article 3
POLITICAL CRIMES

1. Extradition shall not be granted if the crime in respect of which it is requested is regarded by the requested Party as a political crime.
2. The taking or attempted taking of the life of a Head of State or a member of his family or an Acting Head of State shall not be deemed to be a political crime for the purposes of this Treaty.

Article 4
EXTRADITION OF NATIONALS

1. Each Party shall have the right to refuse extradition of its nationals.
2. If the requested Party does not extradite its nationals, that Party shall at the request of the requesting Party submit the case to the competent authorit4.es of the former for prosecution. For this purpose the files, information and exhibits relating to the crime shall be surrendered by the requesting Party to the requested Party.
3. Notwithstanding paragraph 2 of this Article, the requested Party shall not be required to submit the case to its competent authorities for prosecution if the
authorities have no jurisdiction.

Article 5
PLACE OF COMMISSION

The requested Party nay refuse to. extradite a person claimed for a crime which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory.

Article 6
PENDING PROCEEDINGS FOR THE SAME CRIME

The requested Party may refuse So extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the crime or crimes for which extradition is requested.

Article 7
DOUBLE JEOPARDY (NON BIS IN IDEM)

Extradition shall not be granted if final judgement has been passed by the competent authorities of the requested Party upon the person claimed in respect of the crime or crimes far which extradition is requested.

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