Thai authorities hold back on Interpol red notice request despite Yingluck’s conviction

[webfact]

Thai authorities hold back on Interpol red notice request despite Yingluck’s conviction

By KASAMAKORN CHANWANPEN, 
SURIYA PATATHAYO 
THE NATION

 

 

DESPITE FUGITIVE former prime minister Yingluck Shinawatra being convicted and her whereabouts being known, police have not yet requested that she be given “red notice” status by Interpol.

Deputy national police chief Pol General Srivara Ransibrahmanakul said yesterday the United Arab Emirates had notified Thai authorities that Yingluck had left Dubai for London.

 

However, Srivara did not say when the information was provided.

 

He said Thailand and the United Kingdom had an extradition treaty, but prosecutors were responsible to seek extradition. 

 

“Police have fulfilled their responsibility and informed the Attorney-General [about Yingluck’s whereabouts],” Srivara said. 

 

Deputy national police spokesman Pol Colonel Krissana Pattanacharoen told The Nation that police had requested that Interpol issue a blue notice for Yingluck first in order to locate her, before applying for the red notice, which would require police in other countries to arrest her.

 

The request was sent last Wednesday, when the Supreme Court sentenced Yingluck in absentia to five years in jail. However, there had not been a response from the international agency, he said.

 

The most recent Thai fugitive subject to a red notice was Vorayuth “Boss” Yoovidhya, the heir to the Red Bull energy drink fortune, who has been charged over a car crash that killed a Bangkok policeman five years ago.

 

 

The colour-coded notices are international alerts used by police to communicate information about crimes, criminals and threats around the world. They are circulated to all 192 member countries at the request of a country or authorised international entity. The information disseminated via the notices concerns individuals wanted for serious crimes, missing persons, unidentified bodies, possible threats, prison escapes and criminals’ modus operandi. 

 

A blue notice would prompt Interpol members to help locate, identify or obtain information about Yingluck and her whereabouts. It is separate from a red notice, which is basically an international arrest warrant. 

 

Srivara said he had told Interpol authorities in Bangkok to apply for the red notice, given that Yingluck was a wanted convict. They would proceed with the application, he said, but eventually it was up to Interpol headquarters to determine whether to issue a notice.

 

Yingluck fled the country in late August, just days before the Supreme Court was due to deliver a verdict on her alleged negligence in preventing corruption and irregularities in the implementation of her government’s rice-pledging scheme.

 

Since then, she has not been seen in public, and her relatives in Thailand have remained silent regarding her whereabouts. 

 

The court last week sentenced her in absentia to five years in prison. 

 

After the verdict was read, Prime Minister General Prayut Chan-o-cha said Yingluck was in Dubai. However, he was contradicted by foreign media reports that she was seeking political asylum in London.

 

Source: http://www.nationmultimedia.com/detail/politics/30328383

 

-- © Copyright The Nation 2017-10-04

[tracker1]

They only want to know where she is and what she is up to ! NOT to return to Thailand thats the last thing they want !.

[webfact]

Police to seek red warrant for Ms Yingluck’s arrest

By Chalarntorn Yothasmutra

 

 

The Royal Thai Police has sought a red warrant from the foreign affairs division for the arrest of former prime minister Yingluck Shinawatra by Interpol.

 

Pol Gen Srivara Rangsibrammanakul, the deputy national police chief, said Tuesday that the RTP had received a credible information confirming that Ms Yingluck is now in England which has signed an extradition treaty with Thailand.

 

He added that it was the responsibility of the public prosecution to bring Ms Yingluck home to serve the 5-year jail term.

 

Full story: http://englishnews.thaipbs.or.th/red-warrant-yingluck/

 

-- © Copyright Thai PBS 2017-10-04

[ezzra]

In this country, when a high profile person find him/her selves in hot water and being

pursued by the authorities, there will always be someone that will throw a spanner

in the works and do everything in their power to delay or hinder the process of the laws

for either having an agenda or being told/paid to do so....    

[wakeupplease]

51 minutes ago, webfact said:

Thai authorities hold back on Interpol red notice request despite Yingluck’s conviction

 

 

I wonder why is it because they know Interpol is laughing at them``````````````````````/

[Get Real]

Great! Now they soon have her.....

[Thechook]

Interpol  haven't acted on the blue notice request..  Yingluk is seeking political asylum and I think even Thailand knows that Interpol won't issue or act on a red notice for such a person.  Arresting someone seeking political asylum from persecution and handing her over to the country she fled persecution from wouldn't go well.  A red notice would probably fast track her application and she would be granted asylum and protection from an ilegal  militarily regime.

[connda]

The 'Two Tier' justice system hard at work again:
Top Tier for Ex-PMs and cop killing billionaires fleeing justice.
Bottom Tier for the rest of the plebes. 

[yellowboat]

Her apprehension is not a priority for the rest of the world, given the ease of her escape. 

[mikebell]

6 minutes ago, yellowboat said:

Her apprehension is not a priority for the rest of the world, given the ease of her escape. 

Someone must have negotiated the terms of 'the great escape'.  Would this be a politician (AKA an army officer) or a top cop (AKA a criminal)?

[Becker]

1 hour ago, mikebell said:

Someone must have negotiated the terms of 'the great escape'.  Would this be a politician (AKA an army officer) or a top cop (AKA a criminal)?

What's the difference...

[khounteen]

Probably was part of the settlement agreement whereby they give her time to find somewhere to go. 

[Bill Miller]

"...before applying for the red notice, which would require police in other countries to arrest her."
Bull pucky. From Interpol"
"INTERPOL cannot compel any member country to arrest an individual who is the subject of a Red Notice. Each member country decides for itself what legal value to give a Red Notice within their borders."
Also it depends on what the particulars of the extradition treaty are. Many nations will not turn over  someone for a political "crime", which arguably Yingluck's malfeasance was.
 

[Baerboxer]

8 hours ago, wakeupplease said:

 

 

I wonder why is it because they know Interpol is laughing at them``````````````````````/

 

Not sure anybody else would imagine your view of Interpol.

Edited October 4, 2017 by Baerboxer

[Baerboxer]

3 hours ago, Bill Miller said:

"...before applying for the red notice, which would require police in other countries to arrest her."
Bull pucky. From Interpol"
"INTERPOL cannot compel any member country to arrest an individual who is the subject of a Red Notice. Each member country decides for itself what legal value to give a Red Notice within their borders."
Also it depends on what the particulars of the extradition treaty are. Many nations will not turn over  someone for a political "crime", which arguably Yingluck's malfeasance was.
 

 

Of course Yingluck's expensive legal team will argue it's all political.

 

The UK courts will decide based on UK law and the laws applying to extradition. The crime convicted for has to be a crime in the UK. That will be the first test. I'm not sure how the UK judges would interpret the buggers muddle around all this. That's before they get to the question of political persecution, a military government and HR issues.

 

We'll just have to wait and see. But given the usual processing time here, and then the legal process in the UK including appeals if necessary, don't expect to know anytime soon!

[Baerboxer]

6 hours ago, yellowboat said:

Her apprehension is not a priority for the rest of the world, given the ease of her escape. 

 

That won't be a consideration. The UK agencies responsible are a bit more professional than that. They will follow due process. But it certainly won't be fast tracked or the top of anyone's priority list.

[Bill Miller]

8 minutes ago, Baerboxer said:

 

Of course Yingluck's expensive legal team will argue it's all political.

 

The UK courts will decide based on UK law and the laws applying to extradition. The crime convicted for has to be a crime in the UK. That will be the first test. I'm not sure how the UK judges would interpret the buggers muddle around all this. That's before they get to the question of political persecution, a military government and HR issues.

 

We'll just have to wait and see. But given the usual processing time here, and then the legal process in the UK including appeals if necessary, don't expect to know anytime soon!

Non solis sed etiam...
I do not know if it is journalistic ineptitude, or if there is accurate reporting of ignorance on the part of some government functionaries, but the pertinent part of the extradition treaty , per above, must be a punishable offense in the State where the subject is located, and::
"Article 5. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is deemed by the Party on whom the demand is made to be one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character."
Another problem in the report is that Interpol does not perform arrests:
"The Royal Thai Police has sought a red warrant from the foreign affairs division for the arrest of former prime minister Yingluck Shinawatra by Interpol." 
Does the foreign affairs division in fact issue "red warrants"?  I think there is confusion related to Interpol's issuance of "Red Notices", which they will do if they (Interpol) find it within the bounds of their requirements. 
Under no circumstances does Interpol arrest anyone. A participating police force may, if they believe it is justified, arrest an individual who is the subject of an Interpol "Red Notice".
As mentioned, I don't know if this is bad reporting, or attempted chicanery on the part of RTP to cover the proverbial hindquarters.



 

[webfact]

Royal Thai Police seek Interpol red notice for the arrest of Yingluck

 

BANGKOK, 4th October 2017 (NNT)-Deputy National Police Chief Pol Gen Srivara Ransibrahmanakul is seeking an Interpol red notice to have Yingluck Shinawatra arrested. 

According to Pol Gen Srivara, the Royal Thai Police Bureau has sought cooperation with Interpol to issue a red notice, also known as an international arrest warrant, to 192 nations worldwide for the arrest of the former prime minister. 

The Ministry of Foreign Affairs has confirmed that Yingluck has already left Dubai for England. The Royal Thai Police Bureau has also informed the Office of the Attorney General of its attempt to obtain the red notice. 

Once the international police organization issues the arrest warrant, police in member nations will be authorized to apprehend Yingluck. 

Meanwhile, the ongoing DNA tests concerning the ex-premier are expected to reveal in a couple of days whether she fled the capital in the suspect car. 

If the DNA samples collected at her home match the DNA of a female traveller in the vehicle, Deputy Police Chief of the Metropolitan Police Division 5 Pol Col Chairit Anurit could be charged under Section 157 of criminal law.

 

-- nnt 2017-10-04

[Baerboxer]

2 minutes ago, Bill Miller said:

Non solis sed etiam...
I do not know if it is journalistic ineptitude, or if there is accurate reporting of ignorance on the part of some government functionaries, but the pertinent part of the extradition treaty , per above, must be a punishable offense in the State where the subject is located, and::
"Article 5. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is deemed by the Party on whom the demand is made to be one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character."
Another problem in the report is that Interpol does not perform arrests:
"The Royal Thai Police has sought a red warrant from the foreign affairs division for the arrest of former prime minister Yingluck Shinawatra by Interpol." 
Does the foreign affairs division in fact issue "red warrants"?  I think there is confusion related to Interpol's issuance of "Red Notices", which they will do if they (Interpol) find it within the bounds of their requirements. 
Under no circumstances does Interpol arrest anyone. A participating police force may, if they believe it is justified, arrest an individual who is the subject of an Interpol "Red Notice".
As mentioned, I don't know if this is bad reporting, or attempted chicanery on the part of RTP to cover the proverbial hindquarters.



 

 

Indeed Bill. There seems to be a lack of journalistic regard for the actual detail on many reports, from many media sources, these days. Including several much vaunted old established ones. 

 

In this case, I doubt the RTP really know the Interpol procedures, as exemplified by their slow progress in the Red Bull heir case. Some of it is down to being inept but some is also down to no one wanting to be accountable for any decision that might be held against them sometime in the future if circumstances change; and certainly not wanting to piss off anyone powerful. 

 

On this case, the journalists all seem to love rushing straight to the political aspects and arguments and by-pass the most pertinent part of the treaty which you point out. Maybe they are more concerned with readership than reporting? 

 

There is always this debate here of who does what, who is entitled to do what, and who is causing the hold up! 

[balo]

The UK will not send her back to a military regime, so she's safe for now.

[Srikcir]

3 hours ago, Baerboxer said:

HR issues

Particularly when Thailand's National Human Rights Commission was "decertified" by the UN in 2015.

By international standards ("The Paris Principles") Thailand does not have an independent and committed human rights commission willing to stand up to the rampant abuses being committed by the military junta.  The Thai junta-appointed National Legislative Assembly recently approved a draft law on the National Human Rights Commission of Thailand in August 2017 to further weaken the rights NHRC, take away its independence, and turn it into a "government mouthpiece." https://www.hrw.org/news/2017/08/23/thailand-dont-weaken-rights-commission

 

[wakeupplease]

Making themselves look more stupid in the worlds eyes by the day, but that is not hard for some is it? Some education they had.

[Bill Miller]

An interesting note, to me, is that Article 7 of the treaty states that ". A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.' "In contumaciam" essentially means "In absentia", so the UK, if it takes notice, would probably deal with Ms. Y as an accused person, not as a convicted criminal.
I also wonder if the defense could argue that the treaty was arranged between the UK and SIAM, NOT Thailand as represented by the Junta. A niggle, but of such are juristic proceedings composed.

Edited October 6, 2017 by Bill Miller

[Bill Miller]

OK, search outside of the questionable journalistic source indicates her conviction was for "criminal negligence".
The bar is set fairly high in the UK, requiring "wilfullness", and/or proven knowledge that the act would bring harm against the public weal.
While Ms. Y may well be proven incompetent or even stupid, I am not sure the evidence would bring a UK court to conclude willfulness on her part.
It will be very interesting to see how this plays out.
I do think the application for a "red notice" is premature, given no reported result yet from the "blue notice". Even funnier if application is made to the UK for extradition and she is not there.
The Amish people are said to believe "The hurrier I go the behinder I get". 
All of this, BTW, is supposition and opinion on my part. I am well read, but did not pass the bar, perhaps due to unwillingness to bypass a number of bars in my youth. 

Edited October 6, 2017 by Bill Miller

[natway09]

Issue notice, Arrest made, more trouble & strife for Thailand.

Better to let sleeping dogs alone

[LomSak27]

On ‎10‎/‎4‎/‎2017 at 4:57 AM, webfact said:

A blue notice would prompt Interpol members to help locate, identify or obtain information about Yingluck and her whereabouts. It is separate from a red notice, which is basically an international arrest warrant. 

 

Srivara said he had told Interpol authorities in Bangkok to apply for the red notice, given that Yingluck was a wanted convict. They would proceed with the application, he said, but eventually it was up to Interpol headquarters to determine whether to issue a notice.

 

Oh NO! Not again.

 

Just when they said they had contacted Interpol, it turns out actually they haven't.

Oh no, oh my

and even if and when they do contact interpol it is up to  interpol to determine if a notice can be issued.

oh no, oh my

 

Hopefully this has clouded the issue, the relevant parties are relieved of any and all reponsibilIty to actually do something and we can get back to clipping coupons.

 

Wait what about  .... EXTRADITION !!

 

 

[LomSak27]

On ‎10‎/‎4‎/‎2017 at 3:17 PM, webfact said:

BANGKOK, 4th October 2017 (NNT)-Deputy National Police Chief Pol Gen Srivara Ransibrahmanakul is seeking an Interpol red notice to have Yingluck Shinawatra arrested. 

Ok, now you're tlaking. Those red notices can be picked up at a noodle stall by National Stadium. Or you can pick them up from Immigration in Nakorn Sawan.

 

[Bill Miller]

Somebody still does not understand how Interpol works. I am guessing it is the reporter?
Interpol is in this regard primarily an information clearing house. A "Red Notice" means that a member state, in this instance Thailand, would like a particular person apprehended. Interpol is merely passing that wish along, with the pertinent information. I understand that Interpol will also decide if a request is actionable,
It is 100% up to the State in which the alleged criminal is found whether they will honour the request and detain the alleged criminal. Then the extradition dance begins. 
According to the Siam-UK treaty Ms Y. would essentially be tried, again, in a UK court under UK law and rules. IMO it is doubtful she would be found guilty. That is my private opinion only, based on reading a few proceedings involving UK officials.
Interpol does NOT issue arrest warrants!