International Transfer of Prisoners Treaty Signed with Thailand

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Joint Media Release

Australian Minister for Foreign Affairs and the Minister for Justice and Customs

Thursday, 26 July 2001

The Minister for Foreign Affairs, the Hon Alexander Downer MP, and the Minister for Justice and Customs, Senator Chris Ellison, today announced that Australia has signed an international transfer of prisoners treaty with Thailand. This paves the way for parliamentary consideration of the treaty prior to it coming into force.

This is Australia's first treaty concerning the international transfer of prisoners. "It is a most welcome development and shows the strength of the relationship between our two nations" Mr Downer said. Mr Downer and the Thai Foreign Minister, Dr Surakiart Sathirathai signed the treaty in Hanoi on 26 July.

Senator Ellison, who discussed the matter with the Thai Minister for Justice during his visit to Bangkok in May this year, stated, "There are currently 12 Australian prisoners in Thai gaols and this represents an important step in the Government's commitment to implement the transfer of prisoner scheme with Thailand".

The text of the treaty was negotiated in June 1999 and June 2001.

Mr Downer said that the treaty will permit the transfer of prisoners to and from Australia and Thailand: "The general principle of the Treaty is that a person sentenced in one country may apply to be transferred to the other country in order to serve the balance of the sentence imposed." Mr Downer and Senator Ellison noted that "Once in operation, this treaty will mean Australian prisoners can seek to serve part of their sentences in Australia where they will have better access to family and other support which contribute to rehabilitation."

"Transfers will not be automatic and each case will be considered on its merits", Senator Ellison said. A number of conditions must be met before transfers can take place. These include that the person to be transferred has at least one year remaining of their sentence to be served, and that no other legal proceedings are pending. Transfers will also be consensual, requiring the agreement of the transferring country, the receiving country and the prisoner.

Treaties such as this one - dealing with the transfer of prisoners - could result in a net reduction of Australia's prisoner population due to the fact that there are more foreign prisoners in Australia than there are Australian prisoners in overseas gaols.

Mr Downer and Senator Ellison stated that while signature of this treaty is an important step forward, it will still be some time before transfers will be able to commence. There are several domestic processes still to be undertaken, including review of the treaty by the Joint Standing Committee on Treaties. No action will be taken by Australia to bring the treaty into force until the Government has considered the report of the Committee. The treaty will now be referred to the Committee as quickly as possible.

Media inquiries:
Matt Francis (Mr Downer's office)
Donna Taylor (Senator Ellison's office) 02 6277 7260

Local Date: Tuesday, 22-May-2012 06:21:31 EST