Armenia and China to Extradite Each Other's Wanted Individuals

The government today decided to approve the draft law on ratifying the agreement signed on May 26, 2019, between the Republic of Armenia and the People's Republic of China on extradition.

In order to enhance the effectiveness of combating crime, states conclude multilateral and bilateral agreements that regulate the legal mechanisms for extradition between the states.

Under the agreement, the parties are obligated to extradite to the requesting Party any individual located within their territory who is sought by the requesting Party, for the purposes of executing criminal proceedings or penalties against that individual.

The agreement clearly defines the offenses that serve as the basis for extradition, mandatory and discretionary extradition, and the grounds for the refusal of citizens, communication channels, and the list of necessary documents to ensure the request. It also provides for the possibility of temporarily detaining the wanted person before extradition.

There are also procedural provisions related to the extradition, re-extradition, postponement, and temporary extradition of the subject.

In cases where inquiries are received from multiple states, the Agreement considers circumstances such as the compliance of submitted inquiries with the provisions of the Agreement, the severity of different offenses, the time and place of the crime, etc.

The property obtained through the criminal act, the tools of the crime, and other items that may be used as evidence located within the territory of the requested party, may be confiscated by the requesting Party in accordance with its national legislation, in the event that the extradition request is granted.

The Agreement also regulates legal relations related to transit transportation and associated costs.

Considering the positive impact of existing bilateral and multilateral agreements on extradition on improving the effectiveness of combating crime in the Republic of Armenia, we emphasize the importance of signing a bilateral agreement with the People's Republic of China in this specific field, as the Parties are not part of any multilateral international agreements, and there is no existing bilateral treaty providing for legal assistance, transfer of convicted persons, or other legal arrangements related to extradition.

The increasing flow of citizens between the Parties could lead to a rise in criminal activities, rendering the signing of bilateral agreements an urgent issue.

In light of these circumstances, the Ministry of Justice of the Republic of Armenia finds it advisable to ratify the extradition agreement between the Republic of Armenia and the People's Republic of China.

It is noteworthy that each Party must inform the other Party via diplomatic notes that all necessary steps for the agreement to enter into force have been taken within their legislation. As of July 18, 2019, no notification has been received from the Chinese side regarding the completion of domestic procedures for the agreement to enter into effect.