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Commonwealth Minister for Justice v Adamas

[2013] HCA 59
Case number
P50/2013
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Extradition – Surrender determination by Attorney-General or Minister – Where respondent convicted by Indonesian court in his absence and sentenced to life imprisonment – Where Minister required to be satisfied that surrender would not be "unjust, oppressive or incompatible with humanitarian considerations" within meaning of extradition treaty between Australia and Indonesia – Whether Minister's satisfaction required to be based upon "Australian standards" of fair trial.

Words and phrases – "Australian standards", "surrender determination", "unjust, oppressive or incompatible with humanitarian considerations".

Extradition Act 1988 (Cth) – ss 10(1), 11, 22.

Extradition (Republic of Indonesia) Regulations 1994 (Cth) – Schedule.

Extradition Treaty between Australia and the Republic of Indonesia – Art 9(2)(b).

Files
59.rtf (169.03 KB)
59.pdf (59.14 KB)