Hansard - Australia opposes tracking of extradited persons

First 6 of 6 paragraphs shown Australian policy makers "did not want risk becoming a safe haven for fugitives from many countries", the Senate was told as Government refused a new new general monitoring scheme for extradited persons.
Monitoring opposed: In response to the Government Response to Report 91 of the Joint Standing Committee on Treaties regarding Treaties between Australia and the United Arab Emirates on Extradition and Mutual Assistance in Criminal Matters Government opposed the committtee request for new general monitoring scheme for Australias extradition arrangements
Other nations won’t agree: “. given the novelty of the proposed measures in the context of established practice, attempts to impose such measures, whether by treaty provision or otherwise, are likely to be strongly resisted by our existing and potential extradition partners, including on the grounds the measures would infringe the criminal justice processes and sovereignty of the requesting State. Insistence on such measures as a general condition of extradition is likely to preclude effective extradition relationships with a significant number of existing and future extradition partners. This would risk Australia becoming a safe haven for fugitives from many countries”.
But, Australia does secretly track those it extradites: In general terms and as a matter of international practice the Vienna Convention on Consular Relations, which to a large extent codifies customary international law, provides for a States right to directly monitor proceedings against its nationals who are subject to detention or prosecution in another State. Accordingly, while Australia may implement monitoring measures in relation to Australian nationals extradited overseas (and has done so), the Vienna Convention does not provide any right to access citizens of other countries. There are also practical obstacles to extending this type of arrangement to all persons extradited from Australia, including the resources and expertise that would need to be deployed” .
What the law says: If there is a real risk that the person may be subject to the death penalty or torture upon surrender, then extradition must be refused as a matter of law, according to subsection 22(3) of the Extradition Act 1988.
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