MBABANE – Should the Kingdom of Eswatini proceed with the extradition of the Chinese businessman who is wanted in his home country, the process is likely to rely on the principle of reciprocity or the United Nations Convention against Transnational Organised Crime (UNTOC).
The principle of reciprocity in law refers to a mutual arrangement between States, whereby one country agrees to extradite or provide legal assistance to another on the expectation that the same cooperation will be extended if the situation is reversed.
Another possible legal basis is the UNTOC, an international treaty aimed at strengthening cooperation among countries in combating serious cross-border crimes.
A legal expert explained that when the director of public prosecutions (DPP) eventually files a formal application for extradition, the court papers will have to specify the legal basis for the request.
“In circumstances where there is no extradition treaty between two countries, the requesting State may rely on the principle of reciprocity, meaning that States cooperate on the understanding that similar assistance will be provided in the future,” the expert said.
Eswatini is a signatory to the convention, which allows member States to cooperate on matters such as extradition, mutual legal assistance and law-enforcement cooperation in cases involving organised crime.
This is according to a legal expert who explained that Eswatini does not have a bilateral extradition treaty with Mainland China, unlike its arrangement with the Republic of South Africa.
The development follows the arrest of 57-year-old Chinese businessman Jin Houyun, who is wanted by authorities in his home country over alleged large-scale financial involving billions of Yuans.
Chinese authorities have since approached the courts in Eswatini, pleading that the suspect should not be granted bail and should remain in custody, pending extradition proceedings.
According to court documents filed before the Manzini Magistrates Court, the request for Houyun’s provisional arrest and repatriation was communicated through NCB Beijing, the Chinese National Central Bureau of Interpol, which alerted Eswatini authorities that the suspect was wanted in connection with a massive public deposits scam.
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Jin Houyon directing his gaze at his defence counsel and prosecution team before his remand. (Pic: Sibusiso Shange)