The extradition agreement between Malaysia and Australia can only be invoked in the case of former police commando Sirul Azhar Umar if his death sentence is commuted to life imprisonment, says the Home Minister.
Datuk Seri Saifuddin Nasution Ismail said this was due to the dual criminality requirement in the agreement that needs to be satisfied.
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Datuk Seri Saifuddin Nasution Ismail said this was due to the dual criminality requirement in the agreement that needs to be satisfied.
Read more at https://tinyurl.com/3jfbmruf
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
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NewsTranscript
00:00 The media this morning is related to Syrul.
00:04 There are five things I want to mention.
00:09 First, there is an extradition agreement between Malaysia and Australia.
00:15 In Malaysia, Syrul's status, as we are well aware, has been sentenced to death.
00:26 Australia is a country that does not recognize or does not apply death penalty for crimes committed in their country.
00:35 One of the extradition conditions for the crime to be committed is that there must be an element of dual criminality.
00:55 What is dual criminality?
00:58 One crime must be a crime committed by both countries that also have the same penalty.
01:07 So, even though we have an extradition agreement, there is a difference.
01:16 That is the first fact.
01:19 Secondly, we have many mutual legal agreements between Malaysia and many other countries, including Australia.
01:31 Australia's mutual assistance in criminal matters act was in 2002.
01:38 MACMA.
01:41 However, the principle of dual criminality is also used in this act.
01:49 Thirdly, the latest development in Malaysia is that we no longer apply death penalty which is not mandatory.
02:06 We give power to the court or judge.
02:10 But the truth is that death penalty still exists.
02:14 Only the mandatory element has changed.
02:18 Because of the current status of Syrul, who has been sentenced, the next question is whether he can ask for the death penalty to be applied.
02:40 What is happening now is that the number of crimes that have been sentenced to death by our court is around 1267.
02:56 And more than 900 have requested for the death penalty to be applied again.
03:05 The limitation has not changed. Only the punishment has changed.
03:10 From death penalty to life imprisonment.
03:13 We have laws that we have changed.
03:17 The life imprisonment is now 30 years.
03:20 That is what is happening now.
03:23 The changes in our country.
03:25 So, does Syrul have the right to apply for death penalty?
03:29 He can just face it.
03:34 If all of that has been done, then the extradition process,
03:38 if the appeal has ended with a change in the punishment,
03:46 while the life imprisonment has not changed, the punishment can change.
03:52 That is still a hypothetical.
03:56 For more information, visit www.fema.org
04:01 www.fema.org