The parliamentary committee considering whether to recommend the federal government ratify its extradition treaty with China has called a last-minute hearing with the Attorney-General's Department due to "real doubts" emerging from both sides of politics over the deal.
The long-dormant bilateral treaty – first signed in September 2007 but never legislated – will likely still be ratified by a Turnbull government intent on strengthening law enforcement co-operation with its biggest trading partner. The Coalition also holds the majority on Parliament's Joint Standing Committee on Treaties, chaired by Liberal MP Stuart Robert.
But the committee's review, which had already been delayed by the July federal election, will now take include an extra hearing scheduled for Thursday, as committee members from both sides of politics seek assurances following strong concerns expressed in Australia's legal community over the deal due to the Chinese legal system's lack of independence, transparency and its government's chequered human rights record. Rather than tabling its report this week as originally expected, the committee's delay could see any ratification pushed out to next year.
"The fact the chairman has referred it to a further hearing shows concerns from both sides inside the committee," one committee member told Fairfax Media.
Prominent among the concerns include the potential for Australia to be held accountable under its international legal responsibilities should, despite diplomatic assurances from Beijing, a human rights violation or execution occurs after a criminal suspect is extradited to China. While the agreement explicitly guarantees that those sent back to China are not subject to the death penalty, torture or inhumane punishment, any extradition agreement in force inherently places faith in the integrity of China's party-controlled judicial system.
"Practitioners should assess whether an undertaking has been given, its terms, whether it will be honoured … the prevailing human rights situation in China and whether there is a risk that the death penalty will be imposed," barrister Stephen Tully wrote in the Law Society of NSW Journal.
"Australia's international legal responsibility can be engaged notwithstanding an undertaking from China, and Australia can conceivably be held to account for a human rights violation before an international human rights committee."
Beijing has placed high priority on securing extradition treaties and further law enforcement co-operation with Western nations as it steps up its global efforts to repatriate corrupt Communist Party officials who have fled overseas.
It has couched the extradition treaty as a natural progression on bilateral police co-operation and an international anti-corruption accord agreed at the 2014 APEC Summit in Beijing. Australian law enforcement agencies are also keen for China's help in stemming the flow of illicit drugs – particularly crystal methamphetamine – from southern China.
During an official visit to China earlier this month, Justice Minister Michael Keenan trumpeted a new deal on sharing information on financial crimes and lauded the efforts of joint police operation Taskforce Blaze in targeting the importation of illicit drugs from the mainland. He said the extradition treaty was raised by Chinese officials during meetings with the Public Security Ministry in Beijing.
"The government is keen to see it ratified, it is going through those parliamentary processes and we are keen to see this matter conclude through the ratification of that treaty, which has been on the agenda of our bilateral relationship for some time," Mr Keenan told reporters in Beijing.
