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Asylum for Thaksin?


Flashermac

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Interesting letter in the Post Today :

 

Double standards in UK

 

 

Can anyone explain how it is that Khunying Potjaman has been allowed to enter the UK despite having been convicted of a criminal offence, not to mention breaching the terms of her bail?

 

 

In June of this year Martha Stewart was refused a visa to enter the UK on the grounds that she had a criminal record. Both women are of similar age, have high public profiles and have been convicted of "white collar" finance-related crimes. Khunying Potjaman, whose crime is arguably the more serious of the two, elected to run away rather than face justice and yet seems to be able to enter and leave the UK as she pleases. Whereas Mrs Stewart, who did the honourable thing, served her sentence and paid her debt to society, was refused entry.

 

 

Is the UK Immigration Department applying a double standard here?

 

 

MR KNOW

 

 

 

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I copy a part of an article which IMO is very correct re the legal situation:

 

The Nation

12-08-2008

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"

....

Thaksin's claim that he and his family face a political threat may be aimed at helping them "fit" the definition on the status of refugees from the 1951 United Nations convention.

 

 

The UK is a signatory to the convention (unlike Thailand) and has a long history of recognising asylum seekers who lodge credible claims that they were forced to leave and are unable to return to their homeland because a well-founded fear of persecution because of political opinion, race, religion or nationality.

 

 

People who flee to avoid conviction for corruption or other crimes do not qualify for asylum unless there are serious doubts about the independence of courts in the applicant's homeland, or reasonable fears about their well-being if extradited.

 

 

In 2006, 17 out of every 100 people who applied for asylum were recognised as refugees and given asylum, according to the UK Home Office.

 

 

If Thaksin really wants political asylum he must make an application in person as soon as possible after arriving in the UK.

 

 

"If you delay your application for asylum, it may affect your ability to prove your reasons for it," said the UK Home Office guideline.

 

 

Applications for asylum can be made at the port of entry or in the case of Thaksin, who has a home near London, he can apply at units that screen asylum seekers in either Croydon (south of London) or in Liverpool.

 

 

The asylum process takes about 30 days from the lodging of an application to a final decision.

 

 

If Thaksin applied and was granted asylum, his family would obtain legal protection and the right to live and work in the UK for an initial period of five years. His "case owner" would help him and his family build new lives in the country by giving documents and any information they need.

 

 

If he applied for but was denied asylum, Thaksin and his family would have the right to appeal and remain in the UK temporarily on humanitarian grounds. In that case, they may be required to comply with certain demands and could be detained if they refused to undertake them.

 

 

However, Foreign Ministry spokesman Tharit Charungvat said Thaksin did not need to seek political asylum because he and his family could stay in the UK for some period as an investor or under some other status.

 

 

He said the ministry had no information on whether Thaksin would seek asylum.

 

 

Meanwhile, legal experts said Thaksin could be extradited back if the Thai government sought his return under the 1911 Siam-Great Britain extradition treaty.

 

 

But they said using the treaty may not be an easy way to extradite him as Thai authorities may have to prove he could be prosecuted on similar charges in the UK.

 

 

The 1911 treaty allows only 31 legal charges as a basis for extradition. And many matters, such abuse of power related to the purchase of state land by his wife, which is currently being heard by the Supreme Court, are not listed in the treaty or UK laws.

 

 

Thai authorities would also have to prove the charges were not political and the UK courts would have full power to refuse extradition for any reason they saw fit."

 

 

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"And many matters, such abuse of power related to the purchase of state land by his wife, which is currently being heard by the Supreme Court, are not listed in the treaty or UK laws."

 

So if they were extradited thai courts can only punish for those crimes punishable in UK and mentioned in the treaty with a sentence not higher than UK laws allow. So the case against Mrs T already giving 3 years must be dropped.

 

For example a swedish citizen stayed in UK some years ago after plundering limited companies. The swedish public prosecutor decided not to ask for extradition, as the british bankruptcy law was from 18hundred something with a maximum sentence of 1 month - in Sweden 8 years.

 

 

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From a BP editorial:

 

"Mr Thaksin's economic and bureaucratic reforms, income redistribution schemes, and policy innovations that boosted Thailand's competitiveness in the global economy should be retained as much as the corruption, cronyism and abuses of power should be dealt with. It is imperative for the conservative alliance behind his political decapitation to accept that not all of what Mr Thaksin stood for was wrong. Unless his opponents come to terms with what is positive about his legacy, Thailand's crisis is likely to persist."

 

 

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Better, now they try to hit his weakest point - his wallet. :evil:

 

Bangkok Post

13-08-2008

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Target: Thaksin

 

By Post Reporters

Authorities have moved to seize the assets, revoke the diplomatic passports and seek the extradition of former prime minister Thaksin Shinawatra and his wife, Khunying Potjaman, who have skipped bail and fled to London.

 

The Office of the Attorney-General (OAG) has set up a team to seek the extradition of Mr Thaksin and his wife.

 

 

The OAG is also expected to apply for a court order next week for the seizure of the Shinawatra family's assets, worth about 76 billion baht - mostly now frozen at local banks.

 

 

Deputy Attorney-General Chullasingh Wasantasingh is likely to head the extradition team, said Kosolwat Inthuchanyong, an OAG assistant spokesman. The application would be made under the terms of the 1911 Siam-Great Britain extradition treaty.

 

 

He said the process should not take long because the possibility of seeking the couple's extradition had been examined in depth before they returned to Thailand early this year.

 

 

Mr Kosolwat said the authority to seek their extradition rests with the OAG because the couple fled while being tried in court.

 

 

"But if Mr Thaksin seeks asylum in Britain it will complicate matters," Mr Kosolwat said.

 

 

In a hand-written statement faxed to media outlets, the ousted prime minister claimed he fled overseas because the justice system in Thailand was being meddled with and he might not receive a fair trial.

 

 

Deputy Attorney-General Waiyawut Lortrakul, head of the prosecution team in charge of the Assets Scrutiny Committee's cases, said the prosecution had finished drafting the civil suit seeking to confiscate Mr Thaksin's assets.

 

 

He expected the case to be lodged with the Supreme Court's Criminal Division for Holders of Political Positions next week.

 

 

Mr Waiyawut said the decision to seize the assets was made at a meeting of prosecutors and the National Counter Corruption Commission, which has taken over cases from the now-defunct Assets Scrutiny Committee (ASC).

 

 

Before the handover, the ASC charged that Mr Thaksin had dishonestly accumulated wealth while in office.

 

The ASC, which was disbanded in June, had already frozen assets worth 69 billion baht held by Mr Thaksin and his family members in 16 bank accounts.

 

 

Foreign Minister Tej Bunnag said yesterday the ministry will make it a priority if there is a request by the court or the prosecution to revoke Mr Thaksin's diplomatic passport.

 

 

So far, the ministry had not received a request or documents relating to warrants for the arrest of Mr Thaksin and his wife, he said.

 

 

"The ministry will look into criteria for granting or revoking diplomatic passports when there is a chance to ensure that it properly observes the law as well as the ministry's directives," he said.

 

 

Mr Tej said the ministry will consider what actions to take over the extradition process when it has been properly informed of the situation and legal procedures.

 

 

Sitthichoke Sricharoen, head of a legal team representing the ASC, said the couple's escape reflects their intention not to fight the charges.

 

 

However, they can still defend themselves by submitting their testimony in writing.

 

 

He also underlined that the charges against the couple are not political, but criminal.

 

 

Dej-udom Krairit, chairman of the Lawyers Council of Thailand, yesterday lambasted Mr Thaksin for attacking the judiciary in his fax.

 

 

Mr Thaksin claimed the legal procedures against him were like the fruit of poisonous trees and his cases prejudged.

 

 

According to Mr Dej-udom, Mr Thaksin was the poison.

 

 

He also urged police to post warrants for the couple's arrests at every port, airport and border checkpoint.

 

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