SIRUL Azhar Umar, who was recently released from Australian detention, can only be sent back to Malaysia if his death penalty is commuted, Home Minister Saifuddin Nasution Ismail said.

The former ex-Special Action Unit officer had fled to Australia to evade his death sentence in connection to the 2006 murder of Mongolian model and translator Altantuya Shaariibuu.  

Saifuddin said the onus was on Sirul to apply for a review of his death sentence, which was now possible after parliament passed a bill to abolish the death penalty.

“Through his lawyer, Sirul has the right to apply for a review of his death sentence. Only after all the processes (have been carried out), then we can apply for an extradition. That is, if his death sentence is commuted by the court, which is still hypothetical,” he told a press conference in the parliament lobby today.

Saifuddin said global extradition law states that the element of dual criminality must be fulfilled to allow the extradition of an individual.  

“The dual criminality element refers to how a crime a person is accused of committing must also be considered a crime in the nation from which extradition is sought and carry the same punishment,” Saifuddin said.  

Australia does not impose the death penalty on those found guilty of crimes in that country.  

“Yes, we have a Mutual Legal Agreement as well as a Mutual Assistance in Criminal Matters Agreement with a number of nations, including Australia, but the principle of dual criminality is also a consideration in these agreements.” 

Sirul had fled to Australia after being sentenced to death for one of Malaysia’s most notorious crimes but had his asylum claim rejected in 2019, leading to his detention.

He was previously convicted of murdering Altantuya by blowing up her body with explosives. She had been pregnant at the time. Sirul has denied involvement in the murder, claiming it was ordered by an unnamed party. He has also admitted to taking part in her abduction but not in her murder. 

Altantuya was the lover of Abdul Razak Baginda, a political analyst and close associate of ex-prime minister Najib.

At the time of the murder, Sirul had been a member of the police security detail for Najib, who was the defence minister. Also convicted with Sirul was Azilah Hadri, who is on death row in Malaysia.

Sirul’s son had in May appealed to the Australian government to grant political asylum to his father. He said he feared his father would be assassinated if he returned to Malaysia.

On Sunday, Australia-based immigration lawyer William Levingston confirmed his client had been released but declined to comment further.

It is understood that Sirul and others in his situation are required to provide authorities with contact details, including a phone number and email address, and a place of residence prior to release. 

Under Australian law, the government will only deport Sirul if Malaysia abolishes the death penalty. – November 14, 2023.