The government is deliberating to ink two extradition treaties, the Council of Europe Treaty, and OAF (Operation Allied Forces) Convention, sources in Interior Ministry said. The government is minutely studying these treaties to ensure that they will not hurt the country's interests, sources told this scribe on Monday.
Under Council of Europe Treaty, the European Convention on Extradition came into force on April 18, 1960. It facilitates the extradition of persons wanted for criminal proceedings for the carrying out of a sentence. The Convention does not apply to political or military offences, and any government may refuse to extradite its own citizens to a foreign country.
With regard to fiscal offences (taxes, duties, customs), extradition may only be granted if the government has decided so in respect of any such offence or category of offences. Extradition may also be refused if the person risks the death penalty under the law of the requesting state.
The OAF Convention was a Nato's contingency response with objective to ensure full compliance with UN Security Council Resolution 1199 (September 23, 1998). Operation 'Noble Anvil' was the American component of this Nato action to promote regional stability, co-operation and security, in support of the international community.
The US is also eager to get these treaties signed with Pakistan, particularly after arrest of five Americans in Sargodha in December 2009, sources said. The request made by the US was for repatriation, instead of extradition, of the detained American nationals as they were not involved in any criminal activity in the US, they said.
There is no proper extradition treaty between Pakistan and the United States, but there is an accord for return/exchange of fugitives. Many have been transferred under this temporary arrangement. Pakistan has inherited an extradition treaty with the US, which has roots in a US-UK treaty of 1932, which was then applicable to all colonial territories under British rule. Subsequently, through a notification in February 1973, the US was included among the countries with which it had the treaty.
Recently, when Dr Aafia Siddiqui was handed down 86-year imprisonment by a US court, voices for her extradition were raised all over Pakistan, and the United States embassy in Islamabad issued a statement saying that Pakistan would have to sign two treaties 'Council of Europe Treaty' and 'OAF Convention' for transfer of Dr Aafia Siddiqui.
Interior Minister informed Parliament that Aafia may be brought back to Pakistan as a prisoner, if Pakistan would sign Council of Europe Treaty. He clarified that extradition treaty already exists between the US and Pakistan, and dispelled the notion that signing will enable the US to demand Dr A Q Khan's extradition.
Sources in Foreign Office referred to the arrangement between British India and the US as the basis for delivering criminals, but denied the existence of a formal treaty. In the past, Pakistan put aside extradition procedures and handed over Ramzi Yousuf and Aimal Kasi, who were wanted in the US in different terror related cases.
In 2001, Pakistan sought extradition of a former Navy chief, Admiral Mansoorul Haq, from the US on the basis of the 1932 treaty. But Mansoor returned voluntarily after extradition process was initiated in the US. But Pervez Musharraf turned down a US request for extradition of Ahmed Omar Saeed Sheikh, who was wanted by the US in the murder of journalist Daniel Pearl. Recently, the US extradited a former Bank of Punjab chief, Hamesh Khan, wanted in Rs 9 billion financial scam.
Interior Ministry sources said that even if the two treaties would be signed, the US would not be able to demand extradition of Dr A Q Khan or any other person from Pakistan. Legal experts termed US pressure on Pakistan to sign the OAF Convention 'a ploy' that might provide legal cover to US/Nato forces to enter Pakistan soil/air space in hot pursuit.
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