Ethiopia and Sudan’s Extradition Treaty

The Ministry of Justice of Ethiopia and the Republic of the Sudan’s Minister of Justice signed an Extradition Treaty and an Agreed Minute on their Joint Legal Affairs on May 16th in Addis Ababa. The extradition agreement between the two countries will be another instrument to expand the already existing cordial relations between the two bodies. The Republic of the Sudan has also agreed to ratify the Mutual Legal Assistance and Extradition Convention which other IGAD countries, including Djibouti and Ethiopia, have already signed and ratified, to help combat crime and cross-border criminal acts in the region.

The Extradition Treaty that has now been signed between Ethiopia and the Sudan will assist both countries fight crime and cross-border criminal activity as well as allow them to work together to maximize levels of investigation by sharing information and to encourage judicial cooperation by speeding up exchanges of criminal procedures. The two sides have now agreed to carry out extradition procedures across the border in accordance with their national laws and the provisions of the treaty. For the purposes of the treaty, extraditable offences are classified as offences which, at the time of the request, are punishable under the laws of both states, provided that the minimum penalty for such offences is at least one year’s imprisonment. It is agreed that if the offence for which extradition is required is regarded by the requesting party as an offence of a political nature that this will be grounds for a refusal. However, this only applies if drug trafficking, terrorism or international crimes are not regarded as political offences. The treaty also allows for one or other party to apply for a provisional arrest as a matter of urgency before a request for extradition. Any application for a provisional arrest would either be transmitted through diplomatic channels or directly through each other’s Ministry of Justice.   

The Ethio-Sudan Joint Legal Affairs Committee that has been established has now agreed to develop an action plan to follow up and evaluate the implementation of the Extradition Treaty. Last December, Ethiopia and Sudan signed a Memorandum of Understanding to cover legal training and experience-sharing. During their talks in Addis Ababa, the two Ministers of Justice emphasized the importance of continuing these activities and encouraged continuation of exchanging experiences and the training of experts in various judicial areas.  The Joint Legal Affairs Committee has also developed and signed an Agreed Minute to encourage the speeding up of the ratification process and to pursue implementation. The Committee has agreed to convene its next meeting in three months time in the Sudan.

* Originally published on A Week in the Horn – May 25, 2012 issue, titled ‘Ethiopia and Sudan’s Extradition Treaty’.

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