Pakistan and China share a strong, ‘all-weather’ partnership. A primary focus of this relationship is their legal cooperation, particularly in the extradition of criminals. Over the past 20 years, they have agreed to help each other with fugitives and criminal cases. These agreements emphasize their counter-terrorism efforts and reinforce the strength of their alliance.
Legal and Historical Context
China and Pakistan signed a bilateral extradition treaty in November 2003. It was ratified in 2008, according to which both parties must mutually extradite fugitives who are charged with serious crimes (terrorism, narcotics, organized crime, etc.). Pakistani officials underlined that, in the framework of this treaty, the two states would exchange prisoners and terrorists sought by one or the other government. This is a sign of the close security cooperation and trust between the brotherly nations. They also entered an Accord on Criminal Judicial Assistance in April 2007 to further provide mutual legal aid.
Key Agreements
Pakistan and China have several legal frameworks applicable to extradition and prisoner transfer. Some of them are:
- The Extradition Treaty (2003), signed on November 3, 2003, came into effect in January 2008. It covers crimes punishable by at least one year of imprisonment under the laws of both countries, including terrorism and fraud. Under this treaty, a person detained in one country can be formally requested and transferred to the other for trial or punishment.
- The Criminal Judicial Assistance (2007), comprising 26 articles, establishes channels for mutual legal aid, supporting the extradition treaty through judicial cooperation such as exchanging evidence and legal documents in complex cross-border cases.
- The Prisoner Transfer Treaty (2018), signed in Beijing in November 2018, allows individuals imprisoned in one country to request transfer back to their home country to serve their sentences. For example, a Pakistani prisoner in China may wish to be transferred to Pakistan to complete his sentence. This system enhances prisoners’ rights, including language and cultural comfort, while ensuring punishments are carried out.
These treaties guide requests processed under Pakistan’s Extradition Act (1972). To facilitate extradition, the Senate of Pakistan introduced an Extradition (Amendment) Bill in 2025, signaling Islamabad’s willingness to meet its treaty obligations fully.
Source: Dunya News
Ongoing Negotiations
Legal relations between Pakistan and China are also expanding. In 2018, the federal cabinet agreed to negotiate new extradition treaties with China. These were intended to address heinous offences such as acts of terrorism, treason, espionage, financial fraud, and smuggling, among others, facilitating completion of the jail term by the convicted individual in the country where the crime occurred. Simultaneously, Pakistan signed the 2018 prisoner-transfer agreement. These measures demonstrate that Islamabad aims to continue building judicial cooperation as a part of its strategic alliance.
Source: The Express Tribune
Cooperation Examples
Information about particular extradition cases is rarely published, but authorities have noted the purpose of the treaties. Speaking at the ratification ceremony in 2007, the Interior Minister of Pakistan indicated that Islamabad and Beijing would extradite terrorists who had posed a threat to their security. He referred to Pakistan and China as brotherly countries and promised that any threat to China would not be tolerated. The prisoner-transfer agreement, in contrast, allowed any Pakistani imprisoned in China to be repatriated to Pakistan to complete his term. The very fact that such treaties exist proves the dedication of both parties: fugitives and criminals can evade justice only by evading the law, and these agreements keep them on a short leash.
Strategic and Legal Implications
These agreements offer immense benefits to Pakistan. Strategically, they show that Islamabad is a responsible regional partner in security. Pakistan supports its counter-terrorism policy by cooperating with China to extradite terrorists or any other criminals. Such collaboration also strengthens Chinese confidence. The Foreign Ministry of China recently stated that the Pakistan-China friendship is rock-solid, with even greater mutual trust and an ironclad friendship. The treaties are also compatible with the system in Pakistan: the two countries are interested in the same types of crimes (e.g., both have capital punishment), so they do not clash as much as with some Western allies. (In fact, Pakistan’s retention of the death penalty, which hampered an extradition agreement with the UK, does not hinder cooperation with China.)
These diplomatically support the extradition framework, highlighting Pakistan’s alignment with China. The 2024 joint statement reaffirms Pakistan’s “firm commitment” to the One-China principle and its support for China on issues such as Xinjiang and Hong Kong. In return, China will support Pakistan on its sovereignty and security issues. Extradition cooperation, therefore, is part of an entire alliance, a positive force that bolsters Pakistan’s reputation as a reliable ally.
Conclusion
The extradition and legal cooperation with China is a key component of Pakistan’s strong strategic partnership. The 2003 treaty and other such arrangements allow the exchange of convicted criminals and terrorists, and the 2018 prisoner-transfer agreement promises humane treatment of convicts of the other. The combination of such agreements enables Pakistan to both protect its national security interests (repatriation of its nationals) and strengthen the special relationship with China. Pakistan is demonstrating that it is a stable ally of China in terms of security and the rule of law through proactive diplomacy and legal reforms.
