By Robert Andre Emmanuel
The House of Representatives has formally approved a bill to broaden the number of countries to which suspected criminals can be extradited from Antigua and Barbuda.
The bill seeks to expand the powers of the Attorney General to aid other nations with their criminal investigations.
The Mutual Assistance in Criminal Matters (Amendment) Act 2024 would give the government new powers to assist foreign countries if the government receives assurances “by that country that it will entertain a similar request by Antigua and Barbuda for assistance in criminal matters” and that “the seriousness of the offence to which the request relates” merits assistance.
Attorney General Sir Steadroy Benjamin told Parliament that current legislation only allows for extradition of people to other Commonwealth countries and countries with which Antigua and Barbuda has an extradition treaty in place.
The amendment also creates categories for the Attorney General to consider prior to offering any assistance to a foreign state, including whether the request involves Antigua and Barbuda having to compromise the national security and the welfare of its citizens to grant such assistance, or the identification and location of persons charged or suspected of criminal activity.
“We have an obligation when there are persons who should go back to face trial, we must do everything in our power, whether it is within the Commonwealth or [other] countries, to get them back there, if there is reason for it.
“If they are not a member of the Commonwealth and there is no bilateral treaty, we are unable to act on the request,” Sir Steadroy said.
The amendment also laid out in detail the manner in which foreign nations can request assistance from the country’s law enforcement agencies, including the period which the requesting country hopes the request be complied with and if criminal proceedings have been already instituted.
The request must also cite “the court exercising jurisdiction in the proceedings or any other law enforcement agency or authority conducting such proceedings” and “the stage reached in the proceedings and dates fixed for further stages”.