The government had prepared a new extradition bill but it has fallen into limbo due to the parties´ differing opinions on provisions in the treaty. [break]
According to Law and Justice Secretary Madhav Paudel, seven countries--Russia, France, Israel, USA, Pakistan, China and Thailand-- have shown interest in signing extradition treaties with Nepal.
Russia, Israel and France have already forwarded the drafts of treaties to Nepal, seeking the latter´s opinion. The rest of the countries have also shown interest in signing a treaty with Nepal.
"We have already agreed with India on having a new extradition treaty. We prepared a new bill following the agreement," said, Paudel, adding, "But we are unable to initiate any negotiations with other countries unless the new treaty between Nepal and India is signed."
The newly prepared extradition bill is currently under review by the Nepal government. "Political parties have not prioritized the treaty issue. This has delayed negotiations with other countries," the source added.
Under the newly prepared extradition bill, the government has categorized who can be extradited and who cannot. The new bill has banned the Nepal government from extraditing foreign nationals charged with crimes related to ethnicity or their political or religious beliefs.
However, the bill will come into effect only after parliament enacts it into law.
“We have prepared an entirely new extradition bill to legally tackle the extradition issues,” said Secretary Paudel.
According to the bill, foreign nationals who face the death sentence in a foreign country or are charged with crimes that may result in the death penalty cannot be handed over to the country in question.
“Nepal doesn´t have any provision for capital punishment. So is it logical to prevent the government from extraditing people facing such punishment,” said Paudel.
The bill also does not allow the government to extradite Nepali citizens to another country or extradite a foreign national who is being tried in Nepal or a foreing national in whose case the verdict has already been given by a court.
The new bill stipulates that the government seek the approval of a court before extraditing any foreign national. The accused will have to be extradited within 30 days of the court´s approval.
Besides, those charged under military law in a foreign country or who are charged with crimes that result in less-than-a-year imprisonment cannot be extradited.
The bill has listed certain criminal charges for which foreign nationals can be extradited.
Those charged with corruption, murder, financial crimes, rape, illegal possession of weapons, ethnic cleansing, kidnapping, human trafficking, drug smuggling, physical assault, production and transaction of arms and explosives, money-laundering or extra-judicial killing will be extradited unless they face the death penalty in the country to which they are to be extradited.
According to the bill, if extradition is sought for the same person by two or more countries, the accused will be extradited to the country that asked first.
If a district court does not find any basis for extradition, the accused will be immediately released from detention, the bill states.
Developed countries like the USA, UK and Canada have even inked the treaty, paving the way for extraditing criminal their nationals to other countries.
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