Last 4th of November 2025, following the Thai Cabinet meeting, the Thai government announced that the Cabinet had approved and endorsed the proposal submitted by the Ministry of Justice regarding the authorization to sign the draft ASEAN Treaty on Extradition and to proceed with the implementation of the treaty.
On 14th November 2025, Thailand became a party to the ASEAN Extradition Treaty, which was signed in Manila, Republic of the Philippines, together with the other ASEAN member states: Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Democratic Republic of Timor-Leste, and the Socialist Republic of Viet Nam.
The law firm in Thailand H&P have prepared a brief summary of the legal effects of the ASEAN extradition treaty as an initial discussion, as most of the cases we have handled in the past were referring to Interpol red notices, extradition requests by foreign governments and deportations that hide extraditions in Thailand.
At present, Thailand is a party to bilateral extradition treaties with certain ASEAN member states only. Currently, ASEAN itself does not yet have a multilateral treaty on extradition to facilitate cooperation in combating transnational crime within the region. Recognizing this issue, ASEAN and the Cabinet have therefore initiated the drafting of the ASEAN Treaty on Extradition among its member states.
The key point of the draft treaty concerns the principles of cooperation in extradition among ASEAN member states. Its framework is similar to the existing bilateral extradition treaties that Thailand has entered with other countries.
Under this treaty, a member state may request the extradition of an offender from another member state, or conversely, other member states may request Thailand to extradite an offender.
The main provision specifies that the treaty shall apply to extradition requests, including requests for provisional arrest, submitted after the treaty enters into force, regardless of the date on which the offense was committed. The person sought must be accused or convicted of an offense punishable by imprisonment or deprivation of liberty for at least one year.
In cases where the request concerns the enforcement of a sentence, at least six months of the sentence must remain to be served.
After the ASEAN member signed the treaty in Manila, the Ministry of Justice (MOJ) and the Ministry of Foreign Affairs (MFA) will notify the ASEAN Secretariat that Thailand has completed all necessary domestic legal procedures for the treaty to take effect. The treaty will enter into force 30 days after at least six ASEAN member states have informed the ASEAN Secretariat that it has entered into effect in their respective jurisdictions, in accordance with Article 29, paragraph 2 of the treaty.
In addition, if it is necessary to make any non-substantive amendments to the draft treaty prior to the signing, the Ministry of Justice may proceed with such revisions without seeking further approval from the Cabinet. The obligations binding the parties that have signed the treaty are as follows:
Under Article 2 of the ASEAN Extradition Treaty, an extraditable offence is one that is punishable in both the Requesting and Requested Parties by imprisonment or deprivation of liberty for at least one year (or two years, if required by the Requested Party), or by a more severe penalty, and extradition may also be granted when at least six months of an existing sentence remain to be served. The conduct must constitute an offence under the laws of both Parties, and extradition may still be granted for additional offences that meet the dual-criminality requirement even if they do not independently satisfy the minimum-penalty threshold, provided the person is being extradited for at least one qualifying offence.
Each Party to the Treaty must designate a Central Authority or Competent Authority responsible for processing extradition requests, notify the Secretary-General of ASEAN of this designation upon depositing its instrument of ratification, acceptance, or approval, and subsequently inform the Secretary-General of any changes or updates so that all Parties may be promptly notified.
However, extradition under this Treaty shall not be granted in several circumstances, including if the offence is considered political in nature, if the requested person has already been convicted, punished, pardoned, or acquitted for the same act, or if the person would face a court or tribunal established under exceptional circumstances, or if the offence is purely military under the laws of the Requested Party.
Extradition may also be refused if there are substantial grounds to believe the request is intended to prosecute or punish the person based on race, religion, nationality, ethnic origin, sex, status, or political opinions, or if the person would not receive minimum fair trial guarantees.
Extradition may be withheld if the person was convicted in absentia without the opportunity to be present or represented, if immunity applies under the laws of the Requesting Party, or if there are concerns of persecution or unfair treatment.
Notably, offences such as crimes against heads of state, violent crimes, terrorism-related offences, or acts covered by obligations under multilateral treaties are generally not considered political offences, and the determination of whether an offence is political rests with the Requested Party.
Extradition may be refused under this Treaty in various circumstances, including if surrendering the requested person would significantly affect the national security or foreign affairs of the Requested Party, if proceedings have not been or will not be instituted for the offence, or if the offence was committed wholly or partly within the territory of the Requested Party without causing harm to the Requesting Party.
Extradition may also be denied if the person would be tried by a court enforcing religious or customary laws, if the act falls outside the jurisdiction of the Requested Party, if the person is under investigation or serving a sentence in the Requested Party, or if surrender would violate international obligations.
Additionally, extradition may be refused due to the passage of substantial time since the offence, if it would be incompatible with humanitarian considerations such as age or health, or if the requested penalty is not recognized under the laws of the Requested Party unless otherwise agreed.
Currently, as Thailand has become a party to the ASEAN Extradition Treaty, it must be incorporated into domestic law. As Thailand follows a civil law system, the Treaty needs to be enacted by Parliament before it can take effect nationally.
The ASEAN Extradition Treaty will be part soon of the regulatory framework of extraditions in Thailand which already includes:
-Thailand Extradition Act B.E. 2511 (2008).
-Treaty on Mutual Legal Assistance in Criminal Matters, 1992 or MLAT.
-Bilateral extradition agreements with 14 counties such as United States of America, Ukraine, Belgium, United Kingdom, Sri Lanka, Canada, France, Norway, China, South Korea, India, Poland, Peru, Australia, Russia, Malaysia, Philippines, Laos, Indonesia, Hungary, Fiji, Cambodia and Bangladesh.
If you need to have a legal consultation with a law firm specialized in extraditions, please contact our Bangkok lawyers at [email protected]
