UN Convention Against Corruption

This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:  

Article 44 - Extradition

No compliance update present

  • Article 44.1 Apply this article to the offences established under UNCAC where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

  • Ministry of Defense

  • • As per section 6 (1) and 7 (4) (c) of the Extradition Law No. 8 of 1977 as amended by Act No 48 of 1999 dual criminality is a requirement. Therefore, extradition can be granted if the offence is recognized under the law of the requesting country and if such offence is recognized under the extradition treaty as an offence.

    • According to Sri Lanka’s treaties (e.g. US and Hong Kong), extraditable offences are those punishable according to the laws of both countries by imprisonment for more than one year or a more severe penalty. Where extradition is to happen to a Commonwealth without a treaty in place, the offence must be an offence described in a list in the Extradition Law and be punishable by at least one year (e.g. bribery, theft, criminal breach of trust, dishonest misappropriation of property, any offence in respect of property involving fraud, and money laundering).

    • There are no legal provisions to cover unlisted offences that amount to crimes in both requesting and requested countries or are subject to certain term of imprisonment.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44. 4 Undertake to include offences that this article applies to as extraditable offences in every extradition treaty to be concluded between countries. In case the country uses UNCAC as the basis for extradition, it must not consider any of the offences established under UNCAC to be a political offence.

  • Ministry of Defense

  • • As per section 7(4)(c) of the Extradition Law No. 8 of 1977 as amended by Act No. 48 of 1999, it is noted that political offence restrictions would not be applicable to offences under international crime control conventions to which both countries are parties to.

    • Often extraditable offences under Sri Lanka’s treaties are those punishable according to the laws of both States by imprisonment for more than one year.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.6 If extradition is made conditional on the existence of a treaty, the State Party must:

    (a) At the time of deposit of its instrument of ratification, acceptance or approval of or accession to, inform the Secretary-General of the United Nations whether it will take UNCAC as the legal basis for cooperation on extradition with other States Parties to UNCAC; and

    (b) If it does not take UNCAC as the legal basis for cooperation on extradition, seek to conclude treaties on extradition in order to implement this article.

  • Ministry of Defense

  • • Extradition is conditional on the existence of a treaty except in relation to Commonwealth countries.

    • Sri Lanka does not consider the Convention as a legal basis for extradition.

    • Sri Lanka has not made the requisite notification to the United Nations.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act  https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

    Link to the Country Review Report of Sri Lanka for the First Review Cycle 2012-2013 http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2016_04_11_Sri_Lanka_Final_Country_Report.pdf

  • Article 44.7 State Parties that do not make extradition conditional on the existence of a treaty, must recognize offences to which this article applies as extraditable offences.

  • Ministry of Defense

  • • Extradition is conditional on the existence of a treaty, except for Commonwealth Countries.

    • In such Commonwealth countries the offence must also be described in a list in the Extradition Law and be punishable by at least one year (e.g. bribery, theft, criminal breach of trust, dishonest misappropriation of property).

    • As per section 5 of the Extradition (Amendment) Act No. 48 of 1999 the list also includes offences within the scope of an international convention relating to the suppression of international crime to which both parties are parties, thereby obliging them to grant extradition for such offences.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.11 If a State Party finds an offender in its territory and does not extradite such person solely on the ground that the person is one of its nationals, must at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution.

    Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

  • Ministry of Defense

  • • Extradition Law does not recognize nationality as a ground for refusing extradition.

    • As per section 9 (f) of the Judicature Act No. 2 of 1978 the High Court will have jurisdiction to hear, try and determine any offence wherever committed by any person, who is a citizen of Sri Lanka, in any place outside the territory of Sri Lanka or on board or in relation to any ship or aircraft.

    • Under the treaty with Hong Kong, extradition can be refused based on nationality. The obligation to promptly submit the case for prosecution where extradition of a national is refused is not addressed.

    Link to the Judicature Act http://citizenslanka.org/wp-content/uploads/2016/02/Judicature-Act-No-02-of-1978-E.pdf

  • Article 44.12 Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed  and that State Party and the State Party seeking the extradition of the person agree with this option, such conditional extradition or surrender shall be sufficient to discharge the obligation under paragraph 11 of this article.

  • Ministry of Defense

  • • Section 7 of the Extradition Law No. 8 of 1977 contains the general restrictions applicable in this regard.

    • Conditional surrender of national is not a requirement to extradite.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.14 Any person regarding whom proceedings are being carried out in connection with any of the offences to which extradition obligations applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the  territory where that person is present.

  • Ministry of Defense

  • • Sections 11, 12, and 18 of the Extradition Law No. 8 of 1977 provides for judicial guarantees of fair treatment at all stages of proceedings.

    • Constitutional guarantees are provided under Article 13 (Freedom from arbitrary arrest, detention and punishment, and prohibition of retroactive penal legislation) and can be enforced through Supreme Court.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.15 Nothing in UNCAC shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.

  • Ministry of Defense

  • • As per section 7 (1) ( c ) of the Extradition Law No. 8 of 1977 a person shall not be extradited if extradited, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, or political opinions.
    • Article 12(1) of the Constitution guarantees equality.

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

  • Article 44.17  Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation

  • Ministry of Defense

  • • There is no statutory provision that imposes an obligation to consult, giving opportunity to present its opinion or provide relevant information before refusing extradition.

    • Under the treaty with Hong Kong provision is made to call additional information (Sri Lanka-Hong Kong, China Extradition Treaty article 11 cited in the Country Review Report under the First Review Cycle).

    Link to Extradition Law https://www.lawnet.gov.lk/1946/12/31/extradition-law-2/

    Link to Extradition Amendment Act https://www.lawnet.gov.lk/1946/12/31/extradition-amendment-2/

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