KUALA LUMPUR – The extradition process for Malaysian ex-Special Action Unit officer Sirul Azhar Umar, who was recently released from Australian detention, can only begin if his death penalty is commuted, said Home Minister Datuk Seri Saifuddin Nasution Ismail (Senator-PH).
Sirul had fled to Australia to evade his death sentence in connection to the 2006 high-profile and politically-charged murder of Mongolian woman Altantuya Shaariibuu.
Addressing a press conference in Parliament today, Saifuddin said that the onus is now on Sirul to apply for a review of his death sentence, which has been made possible due to Parliament’s passing of a bill to abolish the mandatory death penalty.
“Through his lawyer, Sirul has the right to apply for a review of his death sentence. Only after all the processes (have been carried out), then we can apply for an extradition. That is, if his death sentence is commuted by the court, which is still hypothetical.”
The minister pointed to how international extradition law states that the element of dual criminality must be fulfilled to allow the extradition of an individual.
“The dual criminality element refers to how a crime a person is accused of committing must also be considered a crime in the nation from which extradition is sought and carry the same punishment,” Saifuddin said.
“Australia is a nation that does not impose the death penalty on those found guilty of crimes in its country.
“Yes, we have a Mutual Legal Agreement as well as a Mutual Assistance in Criminal Matters Agreement with a number of nations, including Australia, but the principle of dual criminality is also a consideration in these agreements.”
On Sunday, Sirul was released from Australian detention after the Australian High Court ruled on November 8 that non-citizens who were unable to be deported could no longer be detained indefinitely by immigration authorities.
Sirul and fellow cop Azilah Hadri were found guilty by the high court here in 2009 for shooting and blowing up Altantuya, who was described as an interpreter, with military-grade explosives.
In 2013, the duo succeeded in overturning their conviction at the appellate court after a three-member panel, which included the current Chief Justice Tun Tengku Maimun Tuan Mat, found the conviction to be “unsafe”.
However, the Federal Court in 2015 restored their conviction and sentenced them to death.
Prior to the apex court’s ruling, Sirul had fled to Australia, where he stayed under the custody of Australian authorities at Sydney’s Villawood immigration detention centre until his release.
In April, Parliament passed a bill to abolish the mandatory death penalty, which will allow judges to mete out appropriate sentences proportional to the crime that was committed, including the death sentence if deemed necessary by their discretion.
Following the abolishment, prisoners on death row could then apply for a review of their death sentences 90 days from September 12 this year, which is when a new law called the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court kicked in.
As such, the last day for Sirul to file an application to the Federal Court for a review of his looming death sentence is December 11. However, the new law also allows the Federal Court to extend the 90-day deadline.
The first review proceedings for inmates who were sentenced under mandatory death penalty laws began at the Federal Court today. – November 14, 2023