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 Appendix 4: Extradition and Mutual Assistance

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This appendix provides an overview of the number of extradition and mutual assistance requests carried forward, made and received and finalised during the 2017–18 financial year. To ensure confidentiality of the extradition and mutual assistance requests made by Australia to foreign countries and received from foreign countries, the department does not provide information about individual cases.

To provide greater transparency in relation to the extradition requests made and received during the financial year, this appendix includes information about the number of individuals surrendered to and from Australia through the extradition process during 2017–18, the citizenship of these individuals and the categories of offending for which they were surrendered.

International transfer of prisoners

Table 23: International transfer of prisoners
International transfer of prisoners 2016–17 2017–18
Applications made to transfer from Australia 21 18
Applications made to transfer to Australia 13 12

Extradition matters dealt with in 2017–18 or continuing

Table 24: Extradition requests made by Australia
Extradition requests made by Australia 2017–18
Requests carried forward 20
New requests made 19
Requests granted 9
Requests withdrawn 1
Requests refused 2

Note: there is an anomaly between the recorded number of requests on foot compared with the number of requests carried forward, made and finalised. This follows an audit of the case database that revealed that certain cases had been incorrectly named as requests rather than enquiries.

Table 25: Australian extradition requests granted
Australian extradition requests granted 2017–18
Canada 1
Indonesia 1
Serbia 1
United Kingdom 1
Thailand 1
United Arab Emirates 4

Table 26: Citizenship of people surrendered to Australia
Citizenship of people surrendered to Australia 2017–18
Australian 7
Lebanese 1
American 1
Afghan 1
British 1

Note: There were no Australian permanent residents extradited to Australia. As some fugitives hold dual nationality, the numbers total more than the number of people surrendered.

Table 27: Major categories of offences for which people were surrendered to Australia
Categories of offences for which people were surrendered to Australia 2017–18
Manslaughter 1
Drug offences 6
People smuggling 1
Corporate offences 1

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Table 28: Extradition requests made to Australia
Extradition requests made to Australia 2017–18
Requests carried forward 65
New requests received 40
Requests granted 8
Requests withdrawn 8
Requests refused by the Attorney-General 1
Requests refused by the courts 0
Requests otherwise finalised 21
Requests continuing 79

Note: Requests otherwise finalised include requests in which the suspect was not located in Australia and requests returned to the foreign country for further information and not pursued. There is an anomaly between the recorded number of requests on foot compared with the number of requests carried forward, received and finalised. This follows an audit of the case database that revealed that certain cases had been incorrectly named as requests rather than enquiries.

Table 29: Extradition requests granted by Australia
Extradition requests granted by Australia 2017–18
Ireland 3
United Kingdom 2
United States of America 3

Table 30: Citizenship of people surrendered by Australia
Citizenship of people surrendered by Australia 2017–18
Australian 3
New Zealander 1
Irish 2
Vietnamese 1
Chinese 1
British 2
American 1
Russian 1

Note: As some of these people held dual nationality, the numbers total more than the number of people surrendered. There were two Australian permanent residents extradited from Australia.

Table 31: Major categories of offences for which people were surrendered
Major categories of offences for which people were surrendered 2017–18
Child sex offences 1
Assault 2
Fraud 3
Corruption 1
Perjury 1
Customs offences 1

Note: The number of requests granted and number of persons surrendered in a financial year can differ due to the lapse of time between a surrender determination and a surrender being affected. Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the alleged criminal offence or offences and the alleged criminal conduct underlying the offence. The time taken to resolve an extradition request can vary from a few years, if a fugitive wishes to contest extradition and exercise all rights of review and appeal, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2017–18 or continuing

Table 32: Mutual assistance in criminal matters requests made by Australia
Mutual assistance in criminal matters requests made by Australia 2017–18
Requests carried forward 481
New requests made/requests reopened 352
Requests finalised 351
Requests continuing 482

Table 33: Mutual assistance in criminal matters requests made to Australia
Mutual assistance in criminal matters requests made to Australia 2017–18
Requests carried forward 246
New requests/requests reopened 409
Requests finalised 429
Requests continuing 226

Comparative statistics for extradition and mutual assistance cases

Table 34: Extradition requests made by Australia, 2006–07 to 2017–18
Year Cases carried forward New requests made Requests granted Requests refused Requests otherwise finalised
2006–07 17 24 9 4 3
2007–08 25 15 14 0 4
2008–09 22 25 9 4 2
2009–10 30 19 13 3 2
2010–11 31 21 12 0 3
2011–12 37 14 9 0 5
2012–13 37 16 14 1 4
2013–14 34 15 18 0 6
2014–15 25 9 8 0 0
2015–16 24 6 5 3 2
2016–17 20 7 6 0 1
2017–18 20 19 9 2 1

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Table 35: Extradition requests made to Australia, 2006–07 to 2017–18
Year Cases carried forward New requests made Requests granted Requests refused Requests otherwise finalised
2006–07 37 22 8 0 6
2007–08 45 12 9 1 6
2008–09 41 17 10 2 8
2009–10 38 30 6 1 11
2010–11 50 23 5 0 11
2011–12 57 22 10 1 16
2012–13 52 23 11 2 15
2013–14 47 43 13 2 18
2014–15 57 32 10 1 13
2015–16 60 28 11 1 16
2016–17 60 16 9 1 1
2017–18 65 40 8 1 21

Table 36: Mutual assistance requests made by Australia, 2006–07 to 2017–18
Year Cases carried forward New requests made Requests finalised Requests refused
2006–07 270 220 176 0
2007–08 314 225 298 0
2008–09 241 184 186 0
2009–10 239 182 192 0
2010–11 229 203 175 0
2011–12 257 263 225 0
2012–13 295 292 259 0
2013–14 328 352 303 0
2014–15 377 338 321 0
2015–16 397 366 304 0
2016–17 468 307 294 0
2017–18 481 352 351 0

Table 37: Mutual assistance requests made to Australia, 2006–07 to 2017–18
Year Cases carried forward New requests made Requests finalised Requests refused
2006–07 249 239 242 0
2007–08 246 290 385 0
2008–09 151 340 338 0
2009–10 156 380 373 1
2010–11 162 427 438 0
2011–12 151 387 391 1
2012–13 146 398 385 1
2013–14 159 321 345 0
2014–15 135 340 316 0
2015–16 166 398 383 0
2016–17 192 429 375 0
2017–18 246 409 429 2

International war crimes

In 2017-18, Australia received one mutual assistance request from the ICC. There were no requests from the International Criminal Tribunal for the former Yugoslavia nor the International Criminal Tribunal for Rwanda in 2017-18.

Breaches of undertakings

In response to the Joint Standing Committee on Treaties Report 91 and the House Standing Committee on Social Policy and Legal Affairs' Advisory report on the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011, the Australian Government undertook to report all breaches of undertakings in extradition or mutual assistance processes that come to the attention of the government, in the department's annual report. No breaches of undertakings have come to the department’s attention in 2017–18. Additionally, the department has not noted any breaches of substantive obligations contained in bilateral extradition treaties during the reporting period.

Additional extradition reporting

As noted in the 2018 Government Response to the Joint Standing Committee on Treaties Report 177, the department will include in its annual reports additional information in relation to Australian nationals who have been extradited from Australia. This information will include, where available, de-identified statistics regarding the trial and sentence and the total number of extradited Australian nationals who are currently receiving consular assistance.

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