Swedish National On Hunger Strike In Bangkok

[PoorSucker]

Read about the original case before comment.

fairtrials.net

[Tiger7Moth]

Everything I have ever read about Thai prisons indicates barely livable conditions. So, firstly, I don't understand how this guy could have obtained the simple things needed to obtain a law degree (books, pen, paper, desk, solitude and privacy to study, work - computer?). Also, it seems odd to me that there is some Law school in Thailand that provides valid Law degrees by "correspondence". Also, wonder, even if this were possible in Thailand, is it possible for a falang in Thailand (much less in prison). Even if all this were possible, wonder from where he would have obtained needed funds.

So, it all seems very unlikely to be true.

But, even if it were true, after 10 years in prison, I would imagine a mental health professional would suggest at least having some counseling, taking some time to chill and recover from the ordeal mentally, emotionally and physically.

Doing what this guy is presently doing, seems more obsessive and mentally unbalanced than behavior that would lead him to a more normal, balanced life.

[farangtopper1]

<BR>Go home Benny.<BR>Please go home now as you can.<BR>SOE can arrest you again, and this time, there may be no trial.<BR>

<BR><BR>Arrest him for what? He already served his time. I think what he does is good.<BR>Or you have no trust in thai legal system en thai politics with there will be no trial?<BR><BR>

[markokang]

Those with the urge to let loose with a volley of snide put-downs, should instead consider that this man is playing by the rules. He's exercising his legal rights to seek redress before the courts. His protest is peaceful and not an imposition to anyone else's rights and liberties. At the very least, he is entitled to appear before a judge who can then render a decision based upon the evidence. What we see is the same type of delay that some U.S. states employ with wrongfully convicted people on death row. The Innocence Project has cleared alot of innocent people based upon DNA evidence that prosecutors and police wanted to suppress or prevent from being used. According to the Innocence Project more than one-third of the first 250 people exonerated by DNA testing were 22 or under when they were arrested. They spent decades in jail being abused and denied their rights. If an advanced society like the USA can send people to prison, what happens in Thailand to those without the means to defend themselves and that are wrongfully condemned?

What's the alternative for this person other than the court system? Do you want him to get violent and start making things boom as has happened elsewhere in Thailand? Justice delayed is justice denied and justice denied is an indication of a corrupt judiciary. ( Corruption does not necessarily mean the taking of bribes but includes interference by political and vested interests.)

I agree 100%!

There are many many people in prison that should NOT be there!

The Thai justice system is a scary thing, stay here long enough and you will see what its really like.

[atyclb]

Whatever makes you crazy Benny? Good luck!

Benny is a Swedish national. While traveling in south east Asia in 1995 with his Thai wife, Benny decided to settle in Thailand and start a business in Phuket province. Events including police corruption led to him being unlawfully deported and put on a blacklist of persons declared dangerous to Thailand’s national security. He challenged this, but there was no response from the immigration authorities. Benny went back to Sweden for two years and then returned to Thailand.

In August 2000 Benny was helping a friend with a case against a Syrian man. Benny himself was lodging a complaint against a policeman who had taken $6000 from him. This was eventually dropped but 2 weeks later, the policeman arranged for a raid on Benny’s home with the assistance of the Syrian. Using documents from the immigration case of 1997 and seeing that Benny had 2 computers and related equipment, the policeman arrested Benny and charged him with computer hacking and forgery.

Though the charges were dropped after four days, Benny’s passport was never returned. Neither was he released. New charges of extortion and kidnapping were pressed against him. It appears that the same Syrian was behind all of this and Benny was told that if he paid him 400,000 Baht he could go free. Benny refused to do so. Charges of armed robbery were added to the indictment. For reasons unknown, the Swedish Embassy stopped visiting him and a promise to visit ‘in a week’, turned into a wait of 15 months. He received no medical care and lost 20kg in weight. His lawyer at the time cheated him, taking his money and his car.

The current case against Benny is that, along with five others, he beat and robbed the Syrian. No stolen property was found. There were no witnesses to the assault and robbery. The victim had no injuries, nor did he seek medical help. He is reported to have gone to a hotel bar immediately after the alleged attack and waited 14 days before making a complaint.

After 14 months, Benny was tried alone; nothing is known of the 5 remaining co-accused. He was convicted of assault and sentenced to 21 years imprisonment. Fourteen months were added for possession of a gun without a license.

Benny appealed and was acquitted, but the prosecution appealed against this to the Supreme Court, who ruled that Benny was guilty and his original sentence was to stand. Benny is now making a formal complain to the King of Thailand. His complaints against the police officer and 9 prosecution witnesses were accepted and all of the above face charges of perjury.

Benny has learnt Thai and has become an expert in helping fellow prisoners gain the few rights they are entitled to, such as using radios, obtaining newspapers, stopping the use of shackles, and allowing foreigners to phone their families.

Fair Trial Issues

1. When questioned at the Crime Suppression Division, Benny had no legal representation, as the lawyer provided was watching Thai boxing on TV instead of advising Benny. The only people present were a Lieutenant Colonel of the police force and Benny.
2. Benny’s complaint against his accuser was disregarded by the police.
3. No translator was present, and Benny could not understand the charges made against him.
4. At the sentencing hearing, the court falsely claimed that Benny said he was in hospital at the time of the alleged incident.
5. Though the Lieutenant Colonel admitted in court that Benny and the Syrian had known of each other before the alleged incident, the court did not take this into consideration in passing the guilty verdict. The Syrian lodged the complaint nine days after Benny had helped his friend with a complaint against the Syrian.
6. The initial prosecutor seemed intent on a fair trial. However, he was removed and replaced by another prosecutor who coached the complainant before and during the trial, with no intervention by the judges. The complainant was shown court papers before testifying.
7. At the appeal, the judges clearly stated in their reasons for the acquittal that Benny’s prior dealings with the Syrian meant that the latter’s testimony was unconvincing.
8. Benny was forced to state that he had never had a licence to possess a gun. He didn’t want to do so because he has never had a gun, so never needed a licence. The statement was used to convict Benny, as “where the defendant says he had no licence to possess a gun, it means he had a gun without licence”.

http://www.fairtrials.net/cases/spotlight/benny_benham_jantharakul/

[rafval]

The thais wont worry about anyone on hunger strike !, they will just think  " more for me " ,actually you have to admire the guy but his rights mean nothing in thailand as hes a "farang " =""

you think thais have rights? sure they get their day in court but its sitting a cell waiting for the judges verdict

[valerian]

Up to you if your good luck wishes go to a criminal, convicted of extortion, blackmail and armed robbery.

But please follow the TVF rules:

30) Do not modify someone else's post in your quoted reply, either with font or color changes, added emoticons, or altered wording.

555.. I started reading online bulletinboards in -92.

The comment above has got to be the lamest, and funniest, thing I've ever read on a webboard.

(I didn't dare to make the comment bold out of fear for violating the rules, so keep guessing which one I meant)

555.. how superlame.. 555

Swedish Behnam "Benny" Moafi

Swedish , yeah , right ..

I agree. Absolutely not a genetically genuine Swede.

Your average "Pure" Swede would run, not fight.

[Asianrider]

I bet his thai has improved in jail !!

[Mario2008]

1 post deleted and several replies to it as well.

[crazyswede]

Your average "Pure" Swede would run, not fight.

Im too lazy to run!

[lowbo]

Those with the urge to let loose with a volley of snide put-downs, should instead consider that this man is playing by the rules. He's exercising his legal rights to seek redress before the courts. His protest is peaceful and not an imposition to anyone else's rights and liberties. At the very least, he is entitled to appear before a judge who can then render a decision based upon the evidence. What we see is the same type of delay that some U.S. states employ with wrongfully convicted people on death row. The Innocence Project has cleared alot of innocent people based upon DNA evidence that prosecutors and police wanted to suppress or prevent from being used. According to the Innocence Project more than one-third of the first 250 people exonerated by DNA testing were 22 or under when they were arrested. They spent decades in jail being abused and denied their rights. If an advanced society like the USA can send people to prison, what happens in Thailand to those without the means to defend themselves and that are wrongfully condemned?

What's the alternative for this person other than the court system? Do you want him to get violent and start making things boom as has happened elsewhere in Thailand? Justice delayed is justice denied and justice denied is an indication of a corrupt judiciary. ( Corruption does not necessarily mean the taking of bribes but includes interference by political and vested interests.)

someone always has to blast the U.S. ... I guess it's the U.S.'s fault this man "MAY BE" wrongfully convicted?

[garrfeild]

I wish the guy good luck, But somehow think he is not going to get what he wants. As EarthAlien suggests, He should go the the court of human rights.

[Davedub]

Good luck to a man with such an obvious strength of character. I sincerely wish him well.

[thaiedward]

<br>This he will Work out! Wish more people where like him.<br><br>Someone has to start the walk.Am sure he know what he is doing!<br>Best of "luck   <img src="http://static.thaivisa.com/forum/public/style_emoticons/default/thumbsup.gif" class="bbc_emoticon" alt=""><br>

<br><br>Your post makes me proud for you. <br>My gratitude to all who do good things.<br><br>

[Christopher84]

Whenever reading TVF threads there are always the same people posting negative comments, If you dont have anything useful to say why bother reply?

Yes these people thrive on the misery of others. This is what anonymity on the Internet does -- makes people brave enough to say things they'd never say in public or to someone else's face.

If the man was unfairly convicted I think it's great that he's standing up for his rights. That shows character, which most people lack these days, especially on this forum.

agree whit you, Make me angry, that it is always an bad comment in thaivisa. (why? angry old folks whit nothing else to do?

Go Benny!!!!!!

[Wombat6]

Tha Thai authorities must have had  enough evidence to prove this man committed a crime. With his free time in prison, he appears to have worked  out a ploy to prevent his exctradition. Even if he won his case, he would not be allowed to stay in Thailand and practice Law unless employed by a Thai legal firm who obtained a work permit for him. . My opinion is to cut and run and think how lucky he has been not to spend his entire sentence in a Thai prison.

[ryladie99]

<br>People are always so quick to jump on the "silly farang" bandwagon. Just because he is a foreigner this does not mean he forfeits his right to the truth. Imagine spending 9 year in a prison for a crime that you never commited? My hat goes off to this man. <br><br><br>

<br><br>Good post and I agree with your outstanding opinion.<br>Let's get a campaign word of mouth to support this unlucky Farang.  This is a bright man and knows his Right. He should have make money from Hollywood that will be set for life. Why he has to prove his case?? I am sure he has a good reason. ..Remember there were so many cases in America that the judges had to apologize for sending the wrong men to die.<br>Well, I wish him well and hope for the Best...my take. <br>

[hungryhippo]

actually you have to admire the guy but his rights mean nothing in thailand as hes a "farang " =""

It's people like this guy that are going to change things for foreigners here for the better. The more people that get behind him for foreigner's rights the better. We all deserve the same rights as everyone else, and you don't get that unless you do something about it.

I hope more people join his cause rather then defend the broken system.

[gregchambers]

Good luck to him but why does he want anything to do with Thailand? And what happened to the wife? The time to do the hunger strike was surely when he was in prison and abandoned by the embassy? As I understand it, if you have a source of money you can get things like law books brought in when in prison, so that part is credible. If he gets in the international press then he may actually get to see the Thai PM... but there will be twitchy fingers down in Phuket, as if he is proved innocent he can then go on to sue the police, etc. So either very brave or foolish or both... Personally, after ten years I would've given them two fingers at the airport and gone somewhere new.

Edited July 14, 2010 by gregchambers

[mickylonster]

actually you have to admire the guy but his rights mean nothing in thailand as hes a "farang " =""

It's people like this guy that are going to change things for foreigners here for the better. The more people that get behind him for foreigner's rights the better. We all deserve the same rights as everyone else, and you don't get that unless you do something about it.

I hope more people join his cause rather then defend the broken system.

Good for you Benny , after 10 years in a Thai prison you`ve certainly got balls , good luck !!

[rubl]

Go home Benny.

Please go home now as you can.

SOE can arrest you again, and this time, there may be no trial.

Sorry to say, but this is a stupid remark IMHO. The guy's on his own, not bothering anyone, no weapons. Why would the E.D. get him arrested? Now normal laws might, if he's asked to leave and refuses.

[TheBarbarian]

Justice is elusive for hundreds of thousands of Thai people. The Thai justice system stinks and is only serving the old rich. Therefore it is a good thing when the poor force a complete bankruptcy of the system. For the Nation who pointed the finger to the reds yesterday about Thailand being an almost failed state, we can only say that for the new rankings we have to wait another 11 months and Thailand will win numerous places, not due to the Red shirts but due to crooked judges, police and above all politicians (ask Suthep himself how it works). In the meantime anyone who cannot afford a very expensive defense is screwed in Thailand.

[jomtien8]

Thai justice http://www.fairtrials.net/cases/spotlight/benny_benham_jantharakul/

[TAWP]

Go home Benny.

Please go home now as you can.

SOE can arrest you again, and this time, there may be no trial.

Sorry to say, but this is a stupid remark IMHO. The guy's on his own, not bothering anyone, no weapons. Why would the E.D. get him arrested? Now normal laws might, if he's asked to leave and refuses.

Rucharee is just trolling again.

[buddy]

<BR>Those with the urge to let loose with a volley of snide put-downs, should instead consider that this man is playing by the rules. He's exercising his  legal rights to seek redress before the courts. His protest is peaceful and not an imposition to anyone else's rights and liberties.   At the very least, he is entitled to appear before a judge who can then render a decision based upon the evidence. What we see is  the same type of delay that some U.S. states employ with  wrongfully convicted people on death row. The Innocence Project has cleared alot of innocent people based upon DNA evidence that prosecutors and police wanted to suppress or prevent from being used. According to the Innocence Project more than one-third of the first 250 people exonerated by DNA testing were 22 or under when they were arrested. They spent decades in jail being abused and denied their rights. If an advanced society like the USA can send people to prison, what happens in Thailand to those without the means to defend themselves and that are wrongfully condemned? <BR><BR>What's the alternative for this person  other than the court system? Do you want him to get violent and start  making things boom as has happened  elsewhere in Thailand? Justice delayed  is justice denied and justice denied is an indication of a corrupt judiciary. ( Corruption does not necessarily mean the taking of bribes but includes interference by  political and vested interests.)<BR>

Great post, exactly my sentiments.

When the cold dark stare of the power of the state focuses on you, if there is injustice there is no door labelled "re-dress" to knock on and say "hey look what your organisation did to me"!

State officials and Civil servants (generally) will only;take responsiblility if exposed or forced to, to put right a wrong.

This man's actions are a sign of frustration and desperation at the lack of re-dress.

Good luck to him I say and wish him all the best.

Edited July 14, 2010 by buddy

[rubl]

<BR>Those with the urge to let loose with a volley of snide put-downs, should instead consider that this man is playing by the rules. He's exercising his  legal rights to seek redress before the courts. His protest is peaceful and not an imposition to anyone else's rights and liberties.   At the very least, he is entitled to appear before a judge who can then render a decision based upon the evidence. What we see is  the same type of delay that some U.S. states employ with  wrongfully convicted people on death row. The Innocence Project has cleared alot of innocent people based upon DNA evidence that prosecutors and police wanted to suppress or prevent from being used. According to the Innocence Project more than one-third of the first 250 people exonerated by DNA testing were 22 or under when they were arrested. They spent decades in jail being abused and denied their rights. If an advanced society like the USA can send people to prison, what happens in Thailand to those without the means to defend themselves and that are wrongfully condemned? <BR><BR>What's the alternative for this person  other than the court system? Do you want him to get violent and start  making things boom as has happened  elsewhere in Thailand? Justice delayed  is justice denied and justice denied is an indication of a corrupt judiciary. ( Corruption does not necessarily mean the taking of bribes but includes interference by  political and vested interests.)<BR>

<BR><BR>Great post, exactly my sentiments.<BR><BR>For those who may have never come across the cold dark stare of the power of the state focusing on them, if there is injustice there is no door labelled "re-dress" to knock on and say "hey look what your organisation did to me"!<BR><BR>State officials and Civil servants (generally) will only take responsiblility if exposed or forced to, to put right a wrong.   <BR><BR>This man's actions are a sign of frustration and desperation at the lack of re-dress.<BR><BR>Good luck to him I say and wish him all the best. <BR>

Don't know how effective, but Thailand has three 'ombudsmen'. Look to wikipedia for a quick description including a paragraph on Thailand.

[edgarfriendly]

ahh trollvisa.cack

nice to see the local commentary hasnt improved in the last 2 yrs.

falang mut be lich na, hab many money etc

go home na, lucky farang.

ef

[Rogerde]

Go Benny, Go.

I'm rooting for you.

<Maybe he's shooting for a book or movie deal. > What a ignorant reply.

Ever heard about a Swede writing a book or making a movie about being wrongfully inprisoned in another country???

That might work in other countries.

[/q

[JimmyGreaves]

Swedish Behnam "Benny" Moafi

Swedish , yeah , right ..

Well my mates name is Hardip Landa Singh and he's English so why can't he be swedish you fool!

[IMA_FARANG]

From what little I read on the internet on this man, he seems to have a valid case for a retrial or at least an appeal of his case. What he is asking for is valid under Thai law, a review of his case based on new evidence and information. He didn't spend the time in jail just sitting around, he has earned himself a law degree and can qualify to argue his own case in a Thai court now. His Thai is now fluent, and from what I understand his knowledge of Thai law is very good.

He is a Swedish national, but he is originally born Iranian...and I believe he is a political dissadent who fled Iran after the Shah was overthrown. He seems to have been involved in a dispute btween a Syrian and two other Iranians he knew. He intervened on the side of the two Iranians and supposedly attacked the Syrian man, It seems that this Syrian man had some high level friends in the police. At least this Swedish man claims that is why he was accused. Of course, you can't believe everything on the internet that you read.

At any rate, this Swedish man seems to have made the best he cold of his 8 years in jail, earning a law degree while incarcerated. You have to congratulate him for that part anyhow.

At least I hope he gets a fair review of his evidence...even if this is Thailand.

Edited July 14, 2010 by IMA_FARANG