The wheels for Yingluck’s extradition turn slowly and ‘uneasily’

[rooster59]

The wheels for Yingluck’s extradition turn slowly and ‘uneasily’

By The sunday Nation

 

 

In pursuit of ex-prime minister Yingluck Shinawatra, who fled the country last August shortly before a court ruled against her, authorities have repeatedly explored the possibility of seeking her extradition.

 

They have also sought Interpol’s help in issuing a notice requesting cooperation or alerts about Yingluck from police in foreign countries.

 

Thai police expect that a world-wide “red notice” – asking police to pinpoint the location of a wanted person and arrest them – could be issued by the international policing body in order to bring the fugitive former premier back from her current refuge in London.

 

That city is now confirmed as her location following publication of recent photos on social media.

 

However, the red notice has not yet been made, with Interpol headquarters in Lyon, France saying they have not yet received sufficient evidence to issue it. Yet, Thai police have apparently not yet given up.

 

Why?

 

As the details of Yingluck’s case are closely examined, the two issues are found to be entwined.

 

An Interpol red notice has become an essential part of extradition request procedures. This is because it helps locate a wanted person, a critical component required for filling out an extradition request form.

 

Once the red notice is made, it would be sent to police in 192 countries that have joined the Interpol network.

 

When the target is located and arrested, Interpol would notify its Thai branch. The Thai police would then inform prosecutors and have them proceed with an extradition request.

 

Thailand and the United Kingdom have an extradition treaty. Thai prosecutors could coordinate with the British Home Office, or pass the request through the Thai Foreign Ministry.

 

The Home Office would then forward the matter to British prosecutors, who would forward the extradition request for a British court’s considerations. 

 

Yingluck, meanwhile, could also file an objection to the request with the British trial and appeal courts. 

 

The British government would, however, make the final decision whether to extradite Yingluck to Thai authorities.

 

While an Interpol red notice would help trigger a person’s arrest, the resulting detention would only be temporary, for perhaps seven to 10 days. 

 

This is clearly different from a normal arrest warrant, where a wanted person may be detained for the duration of the process.

 

If the extradition request has not been approved by the expiry of the period of detention, the person must be released.

 

In some previous cases, a person caught through the Interpol red notice process has been dealt with under the foreign country’s immigration law. In that event, Thai police could fetch a person detained at an immigration checkpoint back to Thailand without having to go through the country’s court procedure. This, however, would probably not happen with Yingluck, who holds significance as a former leader of Thailand.

 

Ultimately, whether Yingluck could be forced to return to Thailand would depend on Interpol, judicial mechanisms in the UK and the junta government’s determination to bring her back for prosecution.

 

After fleeing Thailand, Yingluck remained unseen until the New Year, when photos of her in London were circulated through social media.

 

Yingluck was accused of dereliction and malfeasance of duty related to her government’s rice-pledging scheme, which allegedly caused massive financial damage to the state worth Bt500 billion.

 

She was sentenced in absentia to five years in jail without suspension by the court in a September ruling that had been rescheduled after her flight from the country. Speculation that she is seeking asylum in the UK continues in parallel to attempts by the state to get her back.

 

Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

 

Public prosecutors, meanwhile, said they have yet to request Yingluck’s extradition from any country.

 

Amnart Chotchai, director-general of the International Affairs Department of the Attorney-General’s Office, said in early January that the agency needed to gather sufficient and correct information before submitting a request. 

 

“We have to make sure our information is clear and legal, or the requested country may turn us down because we don’t meet their conditions,” Amnart said.

 

Source: http://www.nationmultimedia.com/detail/politics/30336763

 

 

-- © Copyright The Nation 2018-01-21

[steven100]

40 minutes ago, rooster59 said:

Thai police expect that a world-wide “red notice” – asking police to pinpoint the location of a wanted person and arrest them – could be issued by the international policing body in order to bring the fugitive former premier back from her current refuge in London.

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

Edited January 20, 2018 by steven100

[steven100]

[steven100]

[Aj Mick]

The wheels are not moving at all, and are unlikely to ever move. Yingluck's conviction in Thailand (under the junta that overthrew the government she was elected to lead) was for something that would not be recognised as a crime in the UK..... Get over it.

Edited January 20, 2018 by Aj Mick

[Samui Bodoh]

 

Never going to happen!

 

Yingluck was a democratically-elected Prime Minister who was supplanted by a military coup. Democratically-elected Prime Ministers who were supplanted by military coups are not returned to the coup leaders.

 

Never going to happen.

 

44 minutes ago, rooster59 said:

The Home Office would then forward the matter to British prosecutors, who would forward the extradition request for a British court’s considerations. 

 

And then in the  British court, Thailand's 'system of justice' would be declared officially 'unfit', subjecting Thailand to international humiliation.

 

Never going to happen.

 

 

The only way Yingluck ever comes back to Thailand is if she chooses to do so.

 

[Get Real]

16 minutes ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

If the Prime Minister says that, then I would really recommend that you believe him. As you know, he always has the right facts and are well aware of what he is doing.
I guess that makes people save a lot of eggs, anyway. 

[mania]

The day Interpol agrees to any demands from an illegal military junta is the day Prawit sprouts wings & escapes as Prayut sings karaoke

Edited January 21, 2018 by mania

[coulson]

1 hour ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

It's just a game of hide and seek. Your beloved green jackets let her out the back door and are still counting. 

[Thaiwrath]

1 hour ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

I hope you have plenty of tissue at the ready, to wipe the egg off your face when it doesn't happen, as there will sure be a lot on there !

  

Edited January 21, 2018 by Thaiwrath

[wakeupplease]

2 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

As usually stevie boy you do not do any home work

 

There has to be a case in the UK that is equivalent to the one in Thai. There is not sunshine, now go and polish your bosses shoes.

[AGareth2]

oh well the article keeps her profile in the news

[jonclark]

2 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

So if you are not saying it will happen either...looks like you will have egg on your face too. 

 

Steve why are you so cynical of the Junta, their power and motives??

Edited January 21, 2018 by jonclark

[Rimmer]

A flame and one reply have been removed

[Tradewind777]

All they are doing is keeping this in the public domain while flinging enough s&hite to blacken her as much as possible and if you throw enough of the stuff the people will forget/change their minds and some of it will stick.

There is however no skerrick of potential for this to result in extradition particularly since the object is a former head of state. Never gonna happen.

[captspectre]

unless the UK has lost it's mind and changes it's own law, Yingluck will not be sent back to a country that has overthrown it's democratically elected government and is now run by a junta! that's not how it is done in FREE countries!

 

[Dibbler]

My guess is that she is staying in the UK at the invitation of the government on a special business investment visa. As there is no extradition treaty between the U.K. and Thailand and most educated readers already know this, they make themselves look very silly making these statements to the media.


Sent from my iPhone using Thaivisa Connect

[Bill Miller]

The Charter of Interpol specifically prevents Red notices from being issued for political crimes.
 

Supreme Court's Criminal Division for Holders of Political Office is the source of Yingluck's conviction.

From the existing extradition treaty with the UK:

"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."

Non solis sed etiam:
 

"Article 7. The requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties respectively. The requisition for the extradition of the accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there. If the requisition for extradition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on the convicted person by the competent court of the State that makes the requisition. 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" means essentially the same as "in absentia". 

Furthermore Interpol does turn down requests for Red Notices in cases which are overtly political.

It is not going to happen. The powers keep wriggling, trying to save face. There is no provision for "face saving" in international law.

In my opinion they could profit by giving up and moving on to something of greater importance.

[sandrew33]

4 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

Their faces wouldn't be half as shocked as the faces of the military Junta. 

 

There is no way she will be extradited to Thailand because (a) no civilised country will extradite her and (b) the Thai authorities have no genuine interest in her extradition. 

 

So you can rabbit on about egg on faces as much as you want but your implication that this article suggests it might happen suggests you don't really grasp how Thailand works at all :) 

[sandrew33]

2 hours ago, coulson said:

It's just a game of hide and seek. Your beloved green jackets let her out the back door and are still counting. 

Nice watch ?

[crazykopite]

The wheels being used are that of an old wooden rice cart that move no more that 5 metres a day meanwhile she is enjoying the good life ?????????????

[Bill Miller]

8 minutes ago, Dibbler said:

My guess is that she is staying in the UK at the invitation of the government on a special business investment visa. As there is no extradition treaty between the U.K. and Thailand and most educated readers already know this, they make themselves look very silly making these statements to the media.


Sent from my iPhone using Thaivisa Connect

Where do you get the notion that there is no extradition treaty? Ten seconds to type an inquiry in Google will bring you the text of: 

 

"Treaty of Extradition between. Thailand and Great Britain. Signed Bangkok on 4th March 1911."

 

[janclaes47]

22 minutes ago, Dibbler said:

As there is no extradition treaty between the U.K. and Thailand

 

22 minutes ago, Dibbler said:

and most educated readers already know this,

 

Clearly you are not part of the educated readers then, because they have an extradition treaty since 1911, but that is only 107 years, so easily overlooked.

 

http://www.thailawforum.com/database1/Treaty-Thailand-and-Great-Britain.html

Edited January 21, 2018 by janclaes47

[Dibbler]

Where do you get the notion that there is no extradition treaty? Ten seconds to type an inquiry in Google will bring you the text of: 
 
"Treaty of Extradition between. Thailand and Great Britain. Signed Bangkok on 4th March 1911."

 

Mr Google Scholar check your legal citations more carefully, the ancient history you quoted was repealed and replaced in 2008. This is a politically motivated stunt and the U.K. extradition Act specifically invalidates any request from any country that might be tinged with such a flavour.


Sent from my iPhone using Thailand Forum - Thaivisa mobile app

[CGW]

5 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

There would be "egg on a lot of faces" if the world turned out to be flat! equally feasible in this case!

[janclaes47]

Just now, Dibbler said:

Mr Google Scholar check your legal citations more carefully, the ancient history you quoted was repealed and replaced in 2008.


Sent from my iPhone using Thailand Forum - Thaivisa mobile app

 

You think 2012 happened before 2008, as that was the year a UK national was extradited to Thailand.

 

http://www.telegraph.co.uk/news/worldnews/asia/thailand/9717400/First-Briton-ever-extradited-to-Thailand-arrives-to-face-murder-charge.html

[yellowboat]

5 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

Interpol probably does not look on the Thai Military as a morally intact organization, so why should they hand over one corrupt person to another corrupt person ?  The outside world looks at the last coup as a failure in governance, more so than the Yingluck government.

[rtco]

5 hours ago, steven100 said:

Can you just imagine the faces of all the TV farang nayers who said it would never happen ...

I'm not saying it will .... but there will be egg on alot of members faces if it ever comes to fruition.

however, Prime Minister General Prayut Chan-o-cha recently said that the extradition process was “generally uneasy”.

What exactly are you on Steven 100? I know you have those rose tinted spectacles when it comes to all matters related to your beloved "Prime Minister General Prayut Chan-o-cha" but I really think you need to do some introspective analysis of your impaired ability to make logical and reasoned commentary on all things to with the ruling (non legal) junta. Their time is numbered, they are falling from grace, things are slowly unravelling because they are as corrupt as all previous governments but do so under the guise of "trying to do the best for Thailand". Laughable really if it wasn't so real. 

Edited January 21, 2018 by rtco

[sammieuk1]

5 hours ago, steven100 said:

The Brown notice is missing that's the one where everyone involved *hits themselves.

[AGareth2]

2 minutes ago, rtco said:

What exactly are you on Steven 100?

as previously stated

Juntahol