Criminals put on notice as Nam signs extradition treaty

THE National Assembly last week ratified a protocol on the extradition of criminals among the member states of the Southern African Development Community (SADC).

The main objective of the SADC Protocol on Extradition is to ensure that “criminals and their associates have no safe haven within the SADC Region”, Justice Mister and Attorney General Pendukeni Ivula-Ithana told the House. “SADC countries will have to extradite any offender wanted for prosecution to a requesting member state in accordance with the Protocol and respective domestic laws.”Once in force, the SADC Protocol would not abrogate any existing extradition agreements between the Namibian Government and the other 13 SADC countries.”However, should any existing extradition agreement be in conflict with the Protocol, then the provisions of the Protocol will prevail,” Ithana said.Requests for relevant documents with regard to extradition would take place between the ministries of justice or any other authority designated by the state parties, she added.The Protocol was drawn up in 2002.Member states can refuse extradition of a person if the requested state has grounds to believe that the request was made to prosecute individuals on account of their “race, religion, nationality, sex, ethnic origin, political opinion or status”.No extradition will be granted if the offence falls under a military law instead of under ordinary criminal law.The National Assembly also passed the SADC Protocol on Mutual Legal Assistance in Criminal Matters of 2002, which deals with assisting member states with investigations, prosecutions and proceedings relating to transnational organised crime, corruption, taxation offences, customs duties and foreign-exchange control.People and their locations can be identified as well as objects and property and relevant documents.”The Protocol will not apply to the transfer of persons in custody to serve sentences,” the Justice Minister said.Both protocols will come into force once two thirds of the 14 SADC countries have ratified them.”SADC countries will have to extradite any offender wanted for prosecution to a requesting member state in accordance with the Protocol and respective domestic laws.”Once in force, the SADC Protocol would not abrogate any existing extradition agreements between the Namibian Government and the other 13 SADC countries.”However, should any existing extradition agreement be in conflict with the Protocol, then the provisions of the Protocol will prevail,” Ithana said.Requests for relevant documents with regard to extradition would take place between the ministries of justice or any other authority designated by the state parties, she added.The Protocol was drawn up in 2002.Member states can refuse extradition of a person if the requested state has grounds to believe that the request was made to prosecute individuals on account of their “race, religion, nationality, sex, ethnic origin, political opinion or status”.No extradition will be granted if the offence falls under a military law instead of under ordinary criminal law.The National Assembly also passed the SADC Protocol on Mutual Legal Assistance in Criminal Matters of 2002, which deals with assisting member states with investigations, prosecutions and proceedings relating to transnational organised crime, corruption, taxation offences, customs duties and foreign-exchange control.People and their locations can be identified as well as objects and property and relevant documents.”The Protocol will not apply to the transfer of persons in custody to serve sentences,” the Justice Minister said.Both protocols will come into force once two thirds of the 14 SADC countries have ratified them.