19 May 2009

TREATY
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
RELATING TO EXTRADITION

THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE REPUBLIC OP THE PHILIPPINES,

Desiring to make more effective the cooperation of the two countries in the repression of crime and, specifically, to regulate and thereby promote the relations between them in matters of extradition,

HAVE AGREED AS FOLLOWS:

ARTICLE I
Obligation to Extradite

The Government of the Kingdom of Thailand and the Government of the Republic of the Philippines agree to extradite to each other, in the circumstances and subject to the conditions described in this Treaty, persons found in its territory who are being proceeded against or who have been charged with, found guilty or convicted of, any of the crimes covered by Article II of this Treaty committed within the territory of the other, or outside thereof under the conditions specified in Article IV.

ARTICLE II
Extraditable Crimes

1. Persons shall be delivered up according to the provisions of this Treaty who are being proceeded against or who have been charged with, found guilty or convicted of, any of the following crimes provided that these crimes are punishable by the laws of both Parties by a possible penalty of death or imprisonment or deprivation of liberty for a period exceeding one year:

a) Killing or causing death to another person
b) Rape, indecent assault; unlawful sexual acts with or upon minors under the age specified by the penal laws of both Parties
c) Abduction; kidnapping
d). Causing bodily harm
e) Illegal or arbitrary detention or confinement
f) Slavery and other similar offenses
g) Robbery; theft
h) Embezzlement; misappropriation; malversation; cheating; fraud; deceit
i) Extortion; threats; coercion
j) Bribery; corruption; graft
k) Falsification; perjury, giving, fabricating and using false evidence
l) Forgery, counterfeiting and related crimes
m) Smuggling
n) Arson; willful or unlawful destruction of or damage to property
o) Hijacking; piracy; mutiny
p) Crimes against the laws relating to narcotics, dangerous or prohibited drugs or prohibited chemicals
q) Crimes against the laws relating to firearms, explosives, or incendiary devices

2. Extradition shall also be granted for participation in any of the crimes mentioned in this Article, not only as principals or accomplices, but also as accessories, as well as for attempt to commit or conspiracy to commit any of the aforementioned crimes, when such participation, attempt or conspiracy is punishable under the laws of both Parties by imprisonment or deprivation of liberty for a period exceeding one year.
3. Extradition may also be granted at the discretion of the requested Party in respect of any other crimes for which it can be granted according to the laws of both Parties.
4. If extradition is requested for any crime encompassed by paragraphs 1, 2 or 3 of this Article and that crime is punishable under the laws of both Parties by imprisonment or deprivation of liberty for a period exceeding one year, such crime shall S. extraditable under the provision, of this Treaty whether or not the laws of both Patties would place that crime within the same category of crimes or denominate the crime by the same terminology, provided the elements of the crime correspond to those of one or more of the crimes mentioned in this Article under the laws of both Parties.

ARTICLE XII
Place of Commission

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

ARTICLE IV
Territorial Application

1. A reference in this Treaty to the territory of a Party is a reference to all the territory under the Jurisdiction of that Party and to vessels and aircraft registered in that Party if any such aircraft is in flight or if any such vessel is on the high seas when the crime is committed. For purposes of this Treaty, an aircraft shall be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.
2. When the crime for which extradition has been requested has been committed outside the territory of the requesting Party, the requested Party shall have the power to grant extradition if the laws of the requested Party would provide f or the punishment of crime committed in analogous circumstances.
3. The determination of the territory of the requested Party shall be governed by its national laws.

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