Extradition to Thailand—McNabb Associates Cited by Ninth Circuit

The Ninth Circuit Court of Appeals, in an opinion that cites one of our extradition sites,^[1] has ruled that an American citizen, Suwit Prasoprat, can be extradited to Thailand to face trial for smuggling heroin between Bangkok and Los Angeles.^[2] Mr. Prasoprat argued against extradition on humanitarian grounds because he faces the death penalty if he is convicted in Thailand.

The extradition treaty between the United States and Thailand includes narcotics smuggling as a crime for which extradition is available, because it is “punishable under the laws of both Contracting Parties by imprisonment or other form of detention for a period of more than one year or by any greater punishment.”^[3]

The treaty also covers the scenario seen in this case. When the offense for which extradition is sought is punishable by death in the Requesting State—in this case, Thailand—and is not punishable by death in the Requested State—the United States—the extradition of the defendant may be refused unless murder was involved or the Requesting State assures the Requested State that the death penalty will be commuted if it is imposed.^[4] In the United States, the decision rests with the Executive Branch whether to extradite someone in this situation.

As the Court of Appeals noted in its opinion,

The extradition magistrate’s authority has been constrained by statute and caselaw to a narrow inquiry, such that the magistrate judge does not have any discretion to exercise. Once the magistrate judge determines that the crime is extraditable and there is probable cause to sustain the charge, “it is the Secretary of State, representing the executive branch, who determines whether to surrender the fugitive.^[5]

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[1] Prasoprat v. Benov, No. 03-57253 at 5 n.3 (9th Cir. 2005). Note that http://www.usextradition.com is a mirror site of our International Extradition site.
[2] American Can Be Extradited to Face Thai Death Penalty, Wash. Post, Aug. 31, 2005, available here.
[3] Extradition Treaty, Dec. 14, 1983, U.S.-Thai., art. 2, para. 1, S. Treaty Doc. No.98-16 (1991).
[4] Id. art. 6.
[5] Prasoprat at 12 (quoting Blaxland v. Commonwealth Dir. of Pub. Prosecutions, 323 F.3d 1198, 1207 (9th Cir. 2003)).