The Federal Court on January 13 sentenced former police commando Sirul Azhar Umar to death for the murder of Mongolian model Altantuya Shaariibuu. – The Malaysian Insider file pic, January 23, 2015.The extradition from Australia of a former police commando found guilty of murder may face further delays if it follows the precedent of a similar case involving a suspected war criminal, The Star reported today.
The story of Sirul Azhar Umar (pic, right) who is sentenced to hang for the murder of Mongolian model Altantuya Shaariibuu, has been likened to that of former Serbian commander Dragan Vasiljkovic, who has been in an Australian prison for more than nine years.Vasiljkovic, who was arrested by Australian police in Sydney in January 2006, was charged with war crimes, including commanding troops that tortured and killed prisoners of war, commanding an assault on the Croatian town of Glina which saw civilians killed, and breaching the Geneva Convention during an assault at Bruska northeast of Benkovac.According to The Star report, Vasiljkovic has been fighting extradition to Croatia, saying he will not be protected under the Geneva Convention if brought before a Croatian court.Australian lawyer Neil Williams is trying to obtain assurance from Croatia that Vasiljkovic, an ex-paramilitary commander, will be safe if deported to stand trial in the capital city of Zagreb.In November 2012, then home affairs minister Jason Clare approved the extradition but Vasiljkovic, who is now an Australian citizen, is still in the country.The Australian daily says delays to the extradition have been caused by Vasiljkovic’s legal challenges.Vasiljkovic, who is now 60 years old, has denied the allegations of war crimes.His latest appeal to avoid extradition was rejected by the Australian Federal Court last December.Similarly, Sirul is being held in Australia pending a government decision on whether to extradite him to Malaysia.Sirul, who fled to Australia ahead of a court decision last week that upheld his death sentence, had been allowed to leave Malaysia because an appeals court in 2013 overturned the initial 2009 conviction sentencing both him and Chief Inspector Azilah Hadri to death.Sirul and Azilah were convicted of the 2006 killing of 28-year-old Altantuya, a Mongolian model and interpreter allegedly involved in Malaysia's controversy-shrouded purchase of French Scorpene submarines more than a decade ago.However, Australia says Sirul will not be sent back despite a formal request by the Malaysian government as Canberra forbids repatriating suspects who face the death penalty.Sources agree that Sirul’s extradition may be complicated, with Universiti Sains Malaysia criminologist Dr Geshina Ayu Mat Saat saying the process will take a long time.“It could take at least two years but I feel that it (Sirul’s case) will definitely take longer," Geshina was quoted as saying in The Star report.“Sirul’s conviction, which comes with a death sentence, complicates things further."Another source told The Star that Australia would probably not extradite Sirul.“An extradition process is quite complex even after the country granting extradition agrees to the request. Since he is facing the gallows upon his return to Malaysia, it is unlikely that Australia will extradite Sirul unless Malaysia can convince him otherwise," the source was quoted as saying.Geshina told The Star that Sirul’s extradition could only be expedited if top government officials dealt directly with their Australian counterparts.“Bear in mind, even refugees seeking asylum have to go through a long process," he was quoted as saying. “This is a convicted man facing the death sentence." – January 23, 2015.
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