Extradition (Turkey) Regulations 2003 2003 No. 228
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 228
Issued by the Authority of the Minister for Justice and Customs
Extradition Act 1988
Extradition (Turkey) Regulations 2003
Section 55 of the Extradition Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with. the Act, prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act. An 'extradition country' is defined in section 5 of the Act as including a country that is declared by the regulations to be an extradition country. Paragraph 11(1)(a) of the Act provides that regulations may state that the Act applies in relation to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that country, being a treaty a copy of which is set out in the regulations
The Regulations give effect in Australian domestic law to the Treaty on Extradition between Australia and the Republic of Turkey, done at Canberra on 3 March 1994 (the Treaty), and to a supplementary Exchange of Notes, done at Ankara on 27 and 28 March 1995 (the Exchange of Notes). The Exchange of Notes constitutes an agreement between the parties to correct an error in the Treaty, and to agree an interpretation of the Treaty as corrected.
The Joint Standing Committee on Treaties approved the Treaty in Report 10, tabled in September 1997.
Under Article 17 of the Treaty, the Treaty enters into force on the thirtieth day after both parties have notified each other in writing that their respective constitutional requirements for entry into force have been complied with. The Exchange of Notes is expressed to enter into force simultaneously with the Treaty. Turkey has notified Australia that its domestic constitutional requirements for the Treaty's entry into force have been complied with. Australia's requirement for the Treaty's entry into force is the making of the Regulations. Turkey will be notified on 17 October 2003 that Australia's requirements for the Treaty's entry into force have been complied with and the Treaty will enter into force on 16 November 2003. Accordingly, 16 November 2003 is also the commencement date of the Regulations.
As with all of Australia's extradition treaties, the Treaty with Turkey contains all of the internationally accepted human rights safeguards which are now a part of modern extradition. Under the Treaty, extradition will not be permitted where the fugitive is sought, or would be prejudiced, on account of his or her race, religion, nationality or political opinions or would be tried, sentenced or detained for a political or military law offence. In addition, extradition may be refused on the ground that it is prohibited by the law of the requested party by reason of the kind of punishment to which the person sought may be subject.
The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.
Overview
The Extradition (Turkey) Regulations 2003, made under the Extradition Act 1988, were enacted to formalise and give domestic effect to the Treaty on Extradition between Australia and the Republic of Turkey, as well as the supplementary Exchange of Notes between the two countries. These regulations were issued by the authority of the Minister for Justice and Customs. The principal objective of these regulations is to ensure that the extradition process between Australia and Turkey is conducted in accordance with the mutual treaty, incorporating all necessary safeguards to protect the rights of individuals, such as prohibitions against extradition based on race, religion, nationality, political opinions, or for political or military law offences. The Extradition (Turkey) Regulations 2003 aim to streamline the extradition process, ensuring that both countries adhere to their treaty obligations while upholding human rights standards.
Scope and Application
The Extradition (Turkey) Regulations 2003 applies to persons who are fugitives from Turkey and are within Australian jurisdiction, and to the process by which such individuals may be extradited to Turkey to face prosecution or serve sentences for crimes committed there. These regulations are made under the Extradition Act 1988 and are necessary to implement the Treaty on Extradition between Australia and the Republic of Turkey. They are applicable nationally across Australia and are designed to align Australian extradition practices with those stipulated in the bilateral treaty. The regulations set out the procedures and conditions under which Australia will consider and execute extradition requests from Turkey, ensuring that the process respects the human rights and legal safeguards outlined in the Treaty. Additionally, these regulations do not specify any particular exclusions or thresholds but are contingent on the fulfilment of the Treaty's requirements, including the constitutional ratification process in both countries.
Key Provisions
The Extradition (Turkey) Regulations 2003 provide the framework for the implementation of the Treaty on Extradition between Australia and Turkey in Australian domestic law. This includes the limitations, conditions, exceptions, or qualifications that apply to the extradition process between the two countries, as stipulated in section 55 of the Extradition Act 1988. The Regulations officially give effect to the Treaty, which was signed on 3 March 1994, and to the supplementary Exchange of Notes, which was executed on 27 and 28 March 1995, both of which are incorporated within the Regulations.
These Regulations impose specific obligations on the parties involved in the extradition process. They ensure that the extradition process adheres to the terms and conditions set forth in the Treaty and the Exchange of Notes. For instance, they provide for the necessary safeguards to protect the rights of the fugitive, ensuring that extradition will not be permitted if it would prejudice the individual on account of their race, religion, nationality, or political opinions. Additionally, the Regulations mandate that extradition may be refused if the fugitive would be subjected to a form of punishment prohibited by the law of the requested party. Furthermore, the Regulations outline the procedural requirements that need to be followed to request and process extraditions between Australia and Turkey.
Breach of the provisions outlined in these Regulations could result in significant legal consequences. While the Regulations themselves do not explicitly detail specific offences or penalties for non-compliance, the Extradition Act 1988 provides a framework for handling breaches. Any actions taken in contravention of the Act could potentially be prosecuted under the Act, leading to civil or criminal penalties as determined by the courts. The severity of the penalties would depend on the nature and extent of the breach, but they could include fines and imprisonment. The precise consequences would be determined by the judicial authorities in accordance with the provisions of the Extradition Act.