How does Section 12 of Malaysia’s Extradition Act shape extradition applications?

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Section 12 of Malaysia's Extradition Act 1992 Dictates the Formal Procedure for Extradition Applications

The Home Minister has stated that extradition applications must be formally submitted to the Minister through the diplomatic representative of the applying country, as stipulated by Section 12 of the Extradition Act 1992. This established process outlines the required channel for such requests, ensuring all applications adhere to the legal framework governing international fugitive rendition.
Formal Application Channel

According to the Home Minister, Datuk Seri Saifuddin Nasution Ismail, any nation seeking to extradite an individual from Malaysia must submit their request through the official diplomatic channels. Specifically, the application needs to be presented to the Home Minister via the diplomatic representative of the country making the request. This procedural requirement is a cornerstone of Section 12 of the Extradition Act 1992.
Legal Basis for Extradition Without a Treaty

While Malaysia and Bangladesh do not currently possess a formal extradition treaty, the Extradition Act 1992 provides a legal basis for such actions. Section 3 of the Act grants the government, and by extension the Home Minister, discretionary power to consider extradition requests even in the absence of a treaty. However, this consideration is contingent upon the fulfillment of all relevant legal prerequisites for extradition.
Discretionary Power of the Minister

The minister highlighted that even without an extradition treaty, a request can still be processed under Section 3 of the Act. This section empowers the minister with the discretion to decide on extradition matters. The government's ability to consider extraditing a person is therefore tied to ensuring that all legal requirements pertaining to extradition are met in accordance with the provisions of the Act.

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How does Section 12 of Malaysia’s Extradition Act shape extradition applications?

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