COMPREHENSIVE ANALYSIS ON LAOEXTRADITION LAW AND RECOMMENDATIONS TO ENHANCEITS EFFECTIVENESS
Khamphet Somvolachith *I. INTRODUCTION
Transnational crime is the defining issue of the 21st century for all of those involved in
the enforcement of laws and prosecution of crime for sentencing the crime according to thelaws. Transnational crime is a major threat to the rule of law and good governance ofcountries around the world. Criminal networks have proliferated, and the threat of crime
has never been greater. Crime, particularly terrorism, has ceased to be largely local in origin
and effect and has instead established itself on a national and international scale at thepresent time. If responses by law enforcers are limited, unimaginative or disjointed, things
may be expected to certainly go from bad to worse. International cooperation mechanisms
are required as never before to assist those concerned with upholding the law, and to enable
them to enforce the law and to strike decisively and timely at the crime committed torepatriate the fugitive and to fully recover the stolen assets.
Corruption is a transnational crime that is presently widespread and has caused damages
to the property of States across the world at different levels. Corruption has a negative effecton the development of the country. This is a great challenge and has an impact in different
areas; it causes damages to the country, hampers social-economic development and affects
directly the stability and development of the State apparatus as well as State power.
Therefore, fighting corruption is necessary and requires determination and persistence frompolitical leadership by effectively cooperating with all parts, with both international andnational stakeholders, to have success in fighting corruption and fully recover the assets.
Lao PDR is experiencing corruption committed within the State apparatus, and it is achallenge to the leadership of the Lao government which has caused significant damage tothe property of the State and the citizens. Corruption is committed by implementing theduties of the civil servants improperly and misusing their positions. Corruption occurs in
the field of investment, education, forestry, land and so on, which causes damage to State,collectives and citizens’ property, has caused loss to the State budget and affects the trustof the people in the rule of law at a certain level. Therefore, the Lao government is paying
more attention and attaching the importance to the State governance by positioning andhaving a policy in fighting and preventing corruption and making a future and long-term
strategy and creating agencies such as the State Inspection Agency, State Auditing Agency,
Anti-Corruption Agency and the Organization of the People’s Prosecutor and otherorganizations at the central and local levels which have a role in inspecting and fighting
corruption at the central and local level across the country. Lao PDR has created aresolution, adopted the laws and legal acts under the laws such as the adoption of theresolution of the executive committee of the party central committee No. 02/ECPC, dated
Director General, Department for Planning and International Cooperation, The Office of the Supreme
People’s Prosecutor of Lao PDR.

*

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31 May 2015 on the strengthening of the monitoring, inspecting, preventing and fightingof corruption in the new era, amendment of the law on anti-corruption in 2012, adoption of
the law on extradition in 2012, the anti-money-laundering and financing of terrorism law
in 2014, the strategy on fighting corruption until 2020 in 2012, the decree on declaration ofassets and income for officials, an order on more thrifty and cost-effective practices in 2015
and 14 prohibitions for civil servants and officials in 2013, and the decree on State vehicles
in 2021 to be effective instruments for preventing and fighting corruption. Lao PDR has
ratified the United Nations Convention against corruption and the United Nations
Convention against Transnational Organized Crime, signed bilateral treaties on extradition,
mutual legal assistance with the Socialist Republic of Viet Nam, the People’s Republic ofChina, the Kingdom of Cambodia, the Kingdom of Thailand, the Federal Republic ofRussia, North Korea and the ASEAN treaty on mutual legal assistance in criminal mattersin 2004. At the same time, it is strengthening the role of the State Inspection Authority, theState Audit Offices, the Offices of the People’s Prosecutor and the supervision of the
National Assembly; attaching importance to the supervision and prevention by seriously
encouraging all organizations to take part; improving and promoting the regional andinternational cooperation in fighting corruption by having the policy, mechanism,exchanging information and practical measures, actively contributing to effectively
implement the UN Convention on Anti-Corruption and Transnational Crime.
From an international perspective, the increasing number of international crimes has
necessitated relevant countries like Lao PDR to cooperate with one another by means of 1)
treaties, 2) execution of adjudication by foreign nations, 3) extradition and 4) the mutual
legal assistance in criminal matters. Among these, the system of extradition is the return ofconvicted criminals who escaped during the investigation of the international crime to therequesting countries. Established by international treaties, the system of extradition is themost common measure taken in the world today.
This thesis focuses on the current extradition system which was created to enhanceinternational cooperation for investigation and prosecution in response to the increasing
number of international crimes. Furthermore, it examines the general principles of Lao
Extradition Law and its relevant international treaties that are effective today. Lastly, theirproblems and feasible recommendations are discussed.
II. GENERAL PRINCIPLES OF EXTRADITION LAW 1
Currently, there are no explicit provisions in any international customary laws thatmandate the extradition of criminals. Thus, it is inevitable that each country concludes
international treaties with one another even though extradition can also be achieved byother means such as deferring to foreign laws or adopting its own domestic law. The generalprinciples of international extradition law are as follows:
A. Definition of Extraditable Offences
The types of criminal offences in which convicted criminals are subject to extradition
are limited to felonies that are considered more serious than certain standards. These
The principles of extradition are double (dual) criminality, the rule of specialty, the non-extradition ofnationals, risk of persecution in the requesting State, the political offence exception, risk of unfair trial in therequesting State, double jeopardy (ne bis in idem) and the non-discrimination clause.
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standards either list crimes subject to extradition or limits to certain crimes that arerecognized by all relevant countries under a treaty based on the principle of reciprocity.
Because the standard of listing crimes has a shortcoming of excluding crimes that are newly
recognized by norms of the international community, there is a tendency that many
countries employ both.
B. Sufficiency of Evidence
The most crucial factor in the process of requesting extradition is whether or not there
is sufficient evidence for prosecution. Because the determination of sufficient evidence ismade by the appropriate government agency of the requested country, it occasionally leads
to disputes between nations.
C. Principle of Specificity
To protect the human rights of criminals, this principle limits the convictions of thecriminals, when they are prosecuted in the tribunal of such country, to the offences as
specified in the original extradition request form.
D. Avoidance of Cruel and Inhuman Punishment
There is a tendency in an increasing number of countries that have incorporated
provisions specifying that the requested country may refuse to extradite in case theextradited criminals are expected to be subject to cruel and inhuman treatment, including
capital punishment and torture. Art. 11 of the European Union Extradition Convention isan example.
E. Definition of Extraditable Persons
There is a spirit in the legal system determining whether or not domestic citizens should
be included in the definition of extraditable persons. While European countries havegenerally applied the strict principle of refusing to extradite their citizens, the United States
has not maintained such principle. But many European countries have now become more
flexible taking a departure from the application of the strict principle, which is necessary
to achieve and maintain a balance with the approach by the United States.
III. THE CURRENT EXTRADITION SYSTEM IN LAO PDR
A. The International Extradition Treaty
In order to effectively cope with increasing international crime, Lao PDR has
strengthened cooperation with foreign countries. Since the 1998 treaty with the Socialist
Republic of Viet Nam, Lao PDR has concluded six bilateral extradition treaties with othernations.
Sequence
1
2
3
4
5
6

Contracting
Countries
Viet Nam
China
ThailandCambodia
North Korea
RussiaSigned on

Signed At

6 July 1998
4 February 2002
5 March 1999
21 October 1999
20 June 2008
28 May 2015

Hanoi
Beijing
Bangkok
Vientiane
VientianeSaint Petersburg- 81 -- 83 -

EffectivenessB. The Current Extradition System of Lao PDR
The extradition system has not yet been fully rooted in Lao PDR. It is still in the initialstage. There are requests for extradition of criminals since the adoption of the extradition
law in 2012 is only 6 requests, 2 and there is a request from Cambodia. We have sent 3
requests to Thailand, a request to Canada and a request to Germany, but these requests
failed because of the lack of a bilateral treaty. It is true that our legal system has not been auseful measure to cope with international crime. There are many reasons why, including
administrative procedure, lack of expert personnel, etc. Many problems are involved in thesystem; however, they have to be reviewed in order to make the system itself more effective.
Countries
Germany
CanadaThailandGrand Total

Tables of Extradition Requests from 2012-2021
2012-18
2019
2020
2021
0
1
0
0
0
0
1
0
0
0
1
3
0
1
2
3

Total
1
1
4
6

IV. PROCEDURES CONSIDERING FOREIGN REQUESTS
The procedure considering foreign requests involves the diplomatic channel, theOffice of the People’s Prosecutor, the Office of the People’s Prosecutor of Vientiane
Capital, the People’s Court of Vientiane Capital, the Office of the Central Regional
People’s Prosecutor, the Central Regional People’s Court and the Ministry of Public
Security. After the final court decision is made, the Office of the Supreme People’s
Prosecutor has to deliver the extraditable person to the requesting State.
A. Consideration of the Ministry of Foreign Affairs
The consideration of the Ministry of Foreign Affairs takes place after the request has
been received through the diplomatic channel by submitting the request to the Lao embassy
or consulate in the foreign countries or the embassy, or the consulate of the requesting statesubmits the request to the Ministry of Foreign Affairs of Lao PDR
In the management of extradition, the Ministry of Foreign Affairs has the following
rights and duties:
1. study and give comments on policies, legal documents and regulations relating to
extradition according to the scope of its responsibilities;
2. coordinate with the requesting State or the requested State for extradition;
3. receive and check the request for extradition from the requesting State and thensubmits the request to the Office of Supreme People’s Prosecutor;
4. check, send the request and other necessary documents for extradition to therequested State;
5. handover of the extradited person, including property in collaboration withcompetent authorities of the Lao PDR;
6. coordinate and follow up with proceedings of extradition of the person sought withthe requesting State as well as notify the results of the proceeding to relatedorganizations;
2

Statistics of the Office of the Supreme People’s Prosecutor of Lao PDR as of 2021.

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7. notify the result of the extradition proceeding to the requesting State;
8. participate in negotiations, consultations and provide comments on bilateral or
multilateral treaties according to the assignment from the Government;
9. cooperate with foreign countries on extradition according to the scope of its
responsibilities;
10. make reports on extradition to higher authorities;
11. perform other rights and duties according to the laws. 3
After the request is received, the Ministry of Foreign Affairs examines whether therequest and supporting documents are complete and consistent with the treaties and thelaws of Lao PDR and sends it, then, to the Office of the Supreme People’s Prosecutor of
Lao PDR as the Central Authority for consideration.
B. The Consideration of the Office of the Supreme People’s Prosecutor of Lao PDR
After receiving the request and the supporting documents, the Office of the Supreme
People’s Prosecutor of Lao PDR shall consider the request quickly and if it sees the request
is legally and comprehensively complete, it will assign the Office of the People’s
Prosecutor of Vientiane Capital to issue an Order of Arrest and send the Arrest Warrant to
the Office of the Ministry of Public Security for arresting the extraditable person.
In the management of extradition, the Office of the Supreme People’s Prosecutor has
the following rights and duties:
1. study and give comments on policies, legal documents and regulations relating to
extradition according to the scope of its responsibilities;
2. act as the Central Authority for extradition;
3. supervise, lead and inspect the Vientiane People’s Prosecutor Office and the Central
Region People’s Prosecutor Office in issuing an arrest warrant, provisional arrest
order, release, collect evidence, confiscate property relating to the criminal offenceof the person sought according to the request for extradition, summarize the caseand prosecute to the court, declaration and proposal to refuse to lower People’s
Prosecutor Offices;
4. notify the Ministry of Foreign Affairs on the decision or judgment on extradition;
5. collect information and statistics on extradition in order to notify the relevantorganizations;
6. participate in negotiation, consultations on bilateral or multilateral treaties;
7. hand over the extradited person, including property in collaboration with competentauthorities of the Lao PDR;
8. cooperate with foreign countries on extradition according to the scope of its
responsibilities;
9. make reports on extradition to higher authorities;
10. perform other rights and duties as assigned by the Government or according to thelaws. 43
4Art. 33 of the Law on Extradition.
Art. 35 of the Law on Extradition.

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C. The Arrest, the Prosecution and the Final Decision of the Court
1. Arrest, Prosecution and Court Judgment of the First Instance
When the person sought is arrested, the Vientiane People’s Prosecutor Office shall senda summary of the case within thirty days from the date of arrest to the Vientiane People’s
Court to consider in the first instance within thirty days from the date of receiving thesummary.
The Court Conference to consider the extradition case shall be participated in by the
Court Committee, the Head People’s Prosecutor, the police, the person sought, the person’slawyer, an interpreter, representatives from the embassy or consulate of the requesting Stateand other competent authorities of the Lao PDR.
The court has the following responsibilities in consideration of extradition:
1. To check whether the person prosecuted and brought before the court is the personsought according to the request or not;2. To check whether the offence as described in the request of extradition is theextraditable offence according to the law or not;3. To check whether the offence does not fall under the condition where the extradition
is refused according to Articles 8, 10 and 11 of the law on extradition or not.
In case the court considers that there are grounds for extradition, the court will decideon extradition, and when the court decision is final, extradition shall be processed within
thirty days from the date of reading the court decision.
In case the court decides that there are no grounds for extradition according to this law
or there is not sufficient information to confirm that the person prosecuted and brought
before the court is the person sought, the court will decide not to extradite the person. 5
D. Proposal to Refuse and Appeal Request for the Court Decision
The Vientiane People’s Prosecutor Office has the right to propose to refuse thejudgment of a court that decides not to extradite, but it shall consider whether to refuse
within thirty days from the date of the reading the court’s decision. If the proposal to refuse
is not made within that period of time, the arrested person shall be released immediately.
If the Vientiane People’s Prosecutor Office proposes to refuse the court decision, it shallrecommend that the Central Region People’s Prosecutor Office submit the proposal to refuse thecourt judgment within thirty days after the reading the court’s decision. The person sought has

the right to appeal the court’s decision on extradition. The appeal shall be submitted to theCentral Region People’s Court within thirty days from the date of reading the decision.
The Central Region People’s Court shall consider the proposal to refuse or appeal therequest within fifteen days from the date of receiving the proposal to refuse or appeal
request.
The Central Region People’s Court monitors the judgment of the Vientiane People’s
Court on the compliance with Penal Law, the Law on Criminal Procedures and this law,
including the reasons for the decision to extradite.

5Art. 19 of the Law on Extradition.

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The types of the judgment of the Central Region People’s Court are as follows:
1. Confirmation of judgment of the Vientiane People’s Court;
2. Alteration of the judgment of the Vientiane People’s Court and decision to extraditeor not to extradite.
In case the Central Region People's Court decides not to extradite the person sought,that person shall be released immediately. The decision of the Central Region People’s
Court is final. 6
V. DELIVERY OF THE PERSON SOUGHT TO THE REQUESTING COUNTRY
If extradition has been granted by a final court decision, the Ministry of Foreign Affairs
shall coordinate with the competent authorities of the Lao PDR to prepare and proceed withthe extradition of the person sought within thirty days or within the period as provided in
the treaties on extradition from the date of the reading the decision or judgment.

6Art. 21 of the Law on Extradition.

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VI. PROBLEMS AND RECOMMENDATIONS
A. Regulation on the Return of Unlawful Property Shall be Established
Although the Extradition Law contains provisions governing seizure and surrender ofproperty, it does not provide a basis for the surrender of the properties that are unlawfullyacquired by extraditable criminals. Today, there have been international treaties withrespect to the enforcement actions against, and prevention of, money-laundering – whichis the processing of the criminal proceeds to disguise their illegal origin. In the case ofmoney-laundering, these international measures denote that profits are to be forfeited. Thus,
it is appropriate to establish the relevant regulations that govern the surrender of such illicit
property acquired by extraditable criminals in order to alleviate the substantially growing
number of international crimes.
B. Further Efforts to Expand International Extradition Cooperation
1. More International Extradition Treaties with Other Nations are Necessary
It is possible for extradition to occur even when there is no international treaty
concluded between nations. But, practically speaking, the requested country is likely todeny extradition based on the lack of an international extradition treaty. Therefore, in orderto promote the effectiveness of the extradition system, the conclusion of more bilateraltreaties among nations is desirable. It is very important that provisions of the treaties should
be described clearly with the full understanding of each other to facilitate its effective
enforcement. Currently, many nations who have concluded extradition treaties face theproblem of ambiguity in their interpretation and failure to enforce them effectively. The
International Criminal Court, which was established in 1998, would also be useful to ensure
the enforcement of carefully drafted bilateral treaties among nations.
2. The Necessity of Geographical Alliances
In addition to the conclusion of additional bilateral treaties, Lao PDR shall take steps
to build alliances with other countries in the region or ASEAN members States to enhancethe effectiveness of and advance its extradition system. Despite the existing mutual trust
relations with others, Asian countries are not satisfactorily ready to avoid possible conflictsof interest that may arise in the process. The European Union has made many efforts todevelop regional cooperation among member countries: the EU extradition convention and
the Convention on Mutual Legal Assistance in Criminal Matters.
C. Simplification of the Extradition Process
Along with the conclusion of additional treaties with other nations, it is also essential
to simplify the extradition process. Because the extradition process is made only throughdiplomatic channels, there is a substantial delay in the process of finalization in therequested State. This reduces the efficiency of the overall process. Thus, every effort shallbe carefully made to simplify the extradition process. A single agency that oversees theextradition process is recommended for the integration of administration.
D. Other Cooperation in Criminal Matters
International treaties on extradition do not explain everything. To improve thepracticality and effectiveness of our extradition system, it is crucial to find ways tostrengthen the level of mutual cooperation among nations in dealing with criminal
investigations and the arrest of extraditable criminals. Hence, within the boundaries thatthe extradition process does not invade the jurisdiction of the requesting State, it isrecommended to institute a mechanism that will promote collaboration between- 86 -- 88 -

investigation authorities of both nations – the requesting and the requested State – inarresting extraditable criminals.
E. Strengthening of Capacity of the Central Authority for Extradition and Relevant
Authorities
In order to strengthen the extradition system in Lao PDR, it is recommended to set up
and implement activities related to extradition through the organization of training,education on international law and extradition, set up the database and collection of
statistics and a website on extradition, publication of laws and treaties related tointernational legal cooperation, the establishment of the internal and international
mechanisms to consult and share information on extradition and so on.
VII. CONCLUSION
With rapid globalization and technological development in society, international crime
has grown day by day in terms of both its number and quality. These crimes also tend to be
multinational with a high level of complexity. The Rome Statute of the ICC has beeneffective since 1 July 2002. This statute is a very important step towards international
efforts to fight against transnational crimes. Moreover, the existing extradition treaties
between Lao PDR and other countries, the ASEAN Treaty on Mutual Legal Assistance in
Criminal Matters and the UN Convention against Transnational Organized Crime and othertreaties are the bases for international cooperation. Now, it is time for every country tomove forward to strengthen its own efforts on this matter. We shall share the common
awareness that no crime of immorality can subsist with any political or cultural reasons. It
has now become almost impossible for any country to cope with these criminal activities
by itself – all the more reason for the need of the growth of international cooperation.

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