Extradition (Latvia) Regulations 2000 2000 No. 179
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 179
Issued by the Authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Latvia) Regulations 2000
Section 55 of the Extradition Act 1988 ("the Act") provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 5 (a) of the Act provides that "extradition country" means, among other things, any country (other than New Zealand) that is declared by the regulations to be an extradition country.
The Regulations provide that the Republic of Latvia ("Latvia") is an extradition country. The Regulations will enable Australia to deal with any extradition request received from Latvia before entry into force of the extradition treaty between Australia and Latvia which is to be signed during July 2000. Latvia will not be able to grant extradition to Australia until the entry into force of the treaty, but reciprocal assistance will be available under the treaty thereafter. Interim application of the Act to a .prospective treaty partner is not a regular feature of Australia's extradition practice, but there is precedent for such application (to Germany in 1985) and it is consistent with the Act. Extradition to Latvia under the proposed Regulations will operate in accordance with the requirements of the Act. This allows use of the "no evidence" procedure, which avoids the requirement for presentation of evidence establishing a prima facie case against the person sought.
Extradition under the Regulations is subject to the various safeguards set out in the Act. For example, extradition is not permitted where the fugitive is sought for or in connection with his or her race, religion, nationality or political opinions or would be tried, sentenced or detained for a political or military law offence. Extradition must be refused where the fugitive could be liable to the death penalty, unless Latvia (which has abolished the death penalty for all crimes in peacetime) gives an undertaking that the death penalty will not be imposed or, if imposed, will not be carried out. In addition,, the Attorney-General retains a broad discretion to refuse surrender of a person to Latvia.
Similar "non-treaty regulations" based on reciprocity provide that the Act applies to Denmark, Estonia, Fiji, Iceland, Japan, the Marshall Islands, South Africa and Thailand.
The Act did not previously apply to Latvia. The Treaty between the United Kingdom and the Latvian Republic for the Mutual Extradition of Fugitive Criminals, done at Riga on 16 July 1924, was made applicable to Australia with effect from 23 February 1927 and is still listed in the Australian Treaty Series. It was given effect by the Latvia (Extradition) Order in Council, 1925 (Imp.) (1925 No. 1029). However, the Convention and the Order ceased to have any practical effect upon the annexation of Latvia by the Soviet Union on 6 August 1940. Accordingly, Latvia was not listed in the Schedule to the Extradition (Foreign States) Act 1966 as a country to which that Act applied by virtue of section 9 of that Act and hence it has never been an extradition country by virtue of paragraph (c) of the definition of "extradition country" in section 5 of the present Act.
Details of the Regulations are as follows:
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 declares Latvia to be an extradition country.
Overview
The Extradition (Latvia) Regulations 2000, Statutory Rules 2000 No. 179, were introduced to address the interim need for Australia to handle extradition requests from Latvia before the formal signing and implementation of the Extradition Treaty between Australia and Latvia, which was scheduled to occur during July 2000. Authorised by the Minister for Justice and Customs, these Regulations were enacted under Section 55 of the Extradition Act 1988, which empowers the Governor-General to prescribe matters necessary for the Act's operation. The primary policy objective of these Regulations was to ensure that Australia could effectively manage extradition requests from Latvia in a manner consistent with the requirements and safeguards of the Extradition Act 1988, pending the formal establishment of the extradition treaty. Extradition under these Regulations adheres to the Act's stipulations, including the "no evidence" procedure and various safeguards against extradition based on race, religion, nationality, political opinion, or potential imposition of the death penalty.
Scope and Application
The Extradition (Latvia) Regulations 2000 apply to the Republic of Latvia, establishing it as an extradition country under the Extradition Act 1988. This regulation allows Australia to process any extradition requests from Latvia before the formal extradition treaty between the two countries is signed and comes into force during July 2000. Although Latvia cannot grant extradition to Australia until the treaty is in effect, reciprocal assistance will be provided under the treaty thereafter. This interim application, while not a common practice, is consistent with the Act and has precedent, such as the application to Germany in 1985. Extradition under these Regulations adheres to the safeguards outlined in the Act, including prohibitions on extradition for reasons of race, religion, nationality, or political opinion, and restrictions on extradition if the person sought could face the death penalty, unless Latvia provides an assurance against its imposition or execution. The Attorney-General also retains a broad discretion to refuse the surrender of a person to Latvia. The Act extends to other countries such as Denmark, Estonia, Fiji, Iceland, Japan, the Marshall Islands, South Africa, and Thailand through similar non-treaty regulations based on reciprocity. Prior to these regulations, Latvia was not listed in the Schedule to the Extradition (Foreign States) Act 1966, and therefore, it had never been an extradition country by virtue of the definition in the Extradition Act 1988.
Key Provisions
The main operative sections of the Extradition (Latvia) Regulations 2000 (No. 179) are Regulation 1, which names the Regulations, Regulation 2, which specifies that the Regulations commence on gazettal, and Regulation 3, which declares the Republic of Latvia to be an extradition country (Regulation 3). These Regulations are made under Section 55 of the Extradition Act 1988 and are designed to enable Australia to process any extradition requests from Latvia prior to the entry into force of the extradition treaty between the two countries, which is expected to be signed in July 2000.
The Regulations impose obligations on the Australian government to recognise Latvia as an extradition country and to process any extradition requests in accordance with the requirements and safeguards of the Extradition Act 1988. This includes adhering to the "no evidence" procedure, which allows for extradition without the requirement for presenting evidence establishing a prima facie case against the person sought. Additionally, the Attorney-General retains a discretionary power to refuse the surrender of a person to Latvia. Extradition is not permitted if the fugitive is sought for reasons connected to their race, religion, nationality, or political opinions, or if they would be tried, sentenced, or detained for a political or military law offence. Furthermore, extradition must be refused if the fugitive could be liable to the death penalty, unless Latvia provides an undertaking that the death penalty will not be imposed or, if imposed, will not be carried out.
Breaches of the Extradition Act 1988 and the Extradition (Latvia) Regulations 2000 can lead to both civil and criminal consequences. The Act itself does not specify particular offences or penalties, but violations can result in legal action being taken under relevant sections of Australian law. For instance, failure to comply with the Act could lead to prosecution under general criminal law provisions, with penalties varying according to the nature and severity of the offence. Additionally, any person who suffers a loss or damage due to a breach of the Regulations may seek compensation through civil litigation. The maximum penalties for criminal offences related to extradition under the Act would align with those applicable for similar offences under Australian law, though specifics are not detailed in the Regulations.