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Fiji-China Extradition Law Focus

Fiji-China Extradition Law Focus
Director Immigration Nemani Vuniwaqa.
September 12
16:50 2015

An extradition treaty between Fiji and the Peoples Republic of China will boost the implementation of justice.

The treaty was agreed to, in principle, this week between the two countries.

Chinese Vice-Minister for Public Security Mr Deng Weiping, on tour of Fiji this week, had indicated that his government was willing to sign the treaty.

The need for a treaty has become more pronounced with transnational crimes on the increase.  The two parties are now working on the details of the treaty.

Currently, Police just investigate people who failed to declare what they had with them when they arrived. This was the current arrangement, according to director Immigration Nemani Vuniwaqa.

He said if these people were charged, they would be tried in the Fiji court, and would not be extradited to where they originally came from.

Fiji Police Force’s Chief of Operations, Assistant Commissioner of Police (ACP) Rusiate Tudravu, said this treaty would help the police arrest fugitives who escaped to Fiji.

He said it would also make it easier for someone who had committed a crime in Fiji and fled to China to be brought back to face court.

“We support this as it will make our work easier in dealing with run-away fugitives,” he said.

Right now, ACP Tudravu said the  consensus in international law was that a state did not have any obligation to surrender an alleged criminal to a foreign state, because one principle of sovereignty was that every state had legal authority over the people within its borders.

“When no applicable extradition agreement is in place, a sovereign state may still request the expulsion or lawful return of an individual pursuant to the requested state’s domestic law,” he said.

ACP Tudravu said the extradition treaty when put in place would strengthen the Police powers of arrest.

He said extradition would come into play when a person charged with a crime under state statutes fled the state.

Feedback:  maikab@fijisun.com.fj

 

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