Deportation from Thailand: Any appeal from Sathit invalid, Tarit says

[mightyatom]

quote.... 'Tarit Pengdith said yesterday any appeal would be invalid because Sathit's deportation was activated under the state of emergency,'

When something is activated under the SOE it does not have to follow any laws in particular. The government can pretty much do anything they wish without any recourse. They can break laws, the law does not matter under the SOE.

However, deliberately manipulating the SOE for their own agenda as can be clearly seen by this act. Is clear abuse.

The SOE can be revoked at any time by the Con Courts... There is NO situation ongoing to warrant an SOE.

[mightyatom]

This SOE is not even an act of Parliament. It is an act of a desperate caretaker government under seige...

This is not the SOE being applied but the Immigration Act that was written and passed into law by the Abhisit administration. Suthep was deputy PM in the Democrat party government at the time.

Is that egg on your face?

Abhisit would have been a mere child when that act was passed.

2522 was 35 years ago.

Get it right will you.

Immigration Act In the name of his Mejesty King Bhumibol Enacted on the 24Th of February B.E. 2522 The 34Th year of the present reign

Also.... go read the OP again, Tarit distinctly said he could not appeal due the the order coming under the SOE.

quote.... 'Tarit Pengdith said yesterday any appeal would be invalid because Sathit's deportation was activated under the state of emergency,'

The amendments to the law retain the original year.

The Act also sets out the appeal process.

No... the act sets out the appeal process, but Tarit clearly states that they are not following the act, they are following the SOE so it isn't attached to any act in law.... It is attached to the SOE where they can make up the rules as they go along.

[geriatrickid]

quote.... 'Tarit Pengdith said yesterday any appeal would be invalid because Sathit's deportation was activated under the state of emergency,'

When something is activated under the SOE it does not have to follow any laws in particular. The government can pretty much do anything they wish without any recourse. They can break laws, the law does not matter under the SOE.

However, deliberately manipulating the SOE for their own agenda as can be clearly seen by this act. Is clear abuse.

The SOE can be revoked at any time by the Con Courts... There is NO situation ongoing to warrant an SOE.

The Constitutional Court made up of Democrat appointees and including 4 people who are not judges, won't be an issue.

True or false: The man to be deported violated the immigration Act conditions applicable to aliens?

If he did, then it is legitimate to remove him from the country.

[Lite Beer]

Indian PCAD Activist Seeks Help From Rights Commission

BANGKOK: -- The India-born anti-government activist has sought help from the National Human Rights Commission (NHRC) to fight the government's effort to deport him.

The announcement was made by a representative of Mr. Satit Segal, who serves as a core leader of the People′s Committee for Absolute Democracy With the King As Head of State (PCAD).

The Center for Maintaining Peace and Order (CMPO) has previously stated that it has initiated the procedure to deport Mr. Satit, who is also known as Satish Segal, citing his lack of Thai citizenship. Mr. Satit contended that he had been living in the kingdom for decades and will not be cowed into leaving.

According to Ms. Chumsilpa Sotathipreedawong, Mr. Satit′s representative, a number of police officers have showed up at the PCAD leader′s residence even though the deportation document has not been issued.

"Mr. Satit is greatly worried," Ms. Chumsilpa said, "He has been conducting himself under the rights of assembly granted by the laws. He has not violated any laws".

Mr. Niran Pitakwatchara, chairman of the NHRC, said the Commission will urgently deliberate on the matter. He also called the alleged incidents of police officers entering Mr. Satit′s house an act of "intimidation".

The NHRC will additionally send a letter to CMPO chairman, Mr. Chalerm Yoobamrung, to request that he clarifies the threat of deportation.

"Mr. Satit has merely exercised his rights as a citizen," Mr. Niran said, "He has not committed any act of violence".

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1UYzFOVGMzTXc9PQ==

-- Khaosod English 2014-02-07

[Jonmarleesco]

"... Tarit Pengdith said yesterday any appeal would be invalid because Sathit's deportation was activated under the state of emergency ..." This being the state of emergency that has raised questions as to its own validity?

Edited February 7, 2014 by Jonmarleesco

[Mudcrab]

When you knowingly break a law stating non participation of foreigners in a country's political upheaval, you should be prepared for its consequences.

If you don't hold a thai id, you're simply a foreigner with privileges, not rights.

How many people in this world have rights? I know only of a handful who have privileges, not even rights

Rgds!

Hi Des.... What law's that then?

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The Immigration Act, the same law that applies to you and me. Suthep should know it well, since it was passed during the Democrat administration in 2009. Talk about poetic justice.

Immigration Act In the name of his Mejesty King Bhumibol Enacted on the 24Th of February B.E. 2522 The 34Th year of the present reign

Section 4 : In this Act :

“ Alien” means any person who is not of Thai nationality under the nationality Act.

Section 12 : Aliens which fall into any of the following categories are excluded from entering into the

Kingdom :

7. Having behavior which would indicated possible danger to the public or likelihood of being a nuisance or constituting any violence to the peace or safety of the public or to the security of the public or to the security of the nation , or being under warrant of arrest by competent officials of foreign governments.

10. Being a person prohibited by the Minister under Section 16.

Chapter 6 Deportation of the Aliens

Section 53 : If it is learned at a late date that aliens who came to stay in the Kingdom are among the persons excluded from entry because of any circumstance as prescribed in Section 12 (7) or (8)or (10) or Section 43 Para.2 or Section 44 or persons convicted under Section 63 or 64 , the Director General will submit the matter to the Immigration Commission. If the Immigration Commission decides that the alien's permission to stay in the Kingdom should be revoked, the Immigration Commission will submit their opinion to the Minister for further consideration in revoking the Permission.

Section 54 : Any alien who enters or come to stay in the Kingdom without permission or when such permission expires or is revoked , the competent official will deport such alien out of the Kingdom. The provisions of Section 19 and 20 will be applied Mutatis Mutandis if in the case that investigation for deportation in reference to Para.1 of this Section must be conducted.

In case there is an order of deportation for the alien; while waiting for the alien to be deported the competent official may order the alien to stay at any prescribed place or he may order the alien to report to him ( competent official ) according to a prescribed date, time ,and place with Security or with Security and Bond. The competent official may also detain the alien at any given place as many be necessary. The expense of detention shall be charged to the alien’s account. The provision of this Section shall not apply to aliens entering and talking up residence in the Kingdom before the enforcement of the Immigration Act B.C. 2480 [ 1937 ]

Remember, if you disagree with the law, it was the Democrats who wrote it. So complain to them.

I think that is the get out of jail free card - where are you going to find a competent official amongst this mob?

[Thai at Heart]

"Mr. Satit has merely exercised his rights as a citizen," Mr. Niran said, "He has not committed any act of violence

<deleted>? Even the lawyers don't know the law.

[BKKBrit]

"Mr. Satit has merely exercised his rights as a citizen," Mr. Niran said. - Hang on..I thought the guy was NOT holding a Thai passport? If he's holding a Thai passport, then this has become a real pig's A**se

[zaphodbeeblebrox]

According to Ms. Chumsilpa Sotathipreedawong, Mr. Satit′s representative, a number of police officers have showed up at the PCAD leader′s residence even though the deportation document has not been issued.

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNNU1UYzFOVGMzTXc9PQ==

-- Khaosod English 2014-02-07

To the police: the deportation order is not ready yet so you will have to wait until your queue number is called so that you can demand your bribe.

[Lite Beer]

Clarification sought from CMPO over Satish Sehgal’s threatened deportation

BANGKOK: -- The National Human Rights Commission will ask for a clarification from director of the Centre for Maintaining Peace and Order (CMPO) Chalerm Yubamrung about the charges and deportation threat against Thai-Indian businessman Satish Sehgal.

The commission also will ask CMPO to withhold arrest of Mr Sehgal, a core member of the People’s Democratic Reform Committee, pending an enquiry of the case by the commission.

The NHRC’s move followed a formal complaint filed with the commission this morning (Friday) by Mrs Chumsilp Sothipreedawong, acting on behalf of Mr Sehgal, president of the Indian-Thai Business Association.

The Indian-born businessman who has an Indian citizenship despite the fact that he has been living in Thailand for almost his entire life is facing deportation for his role in the anti-government protests.

Dr Nirun Pitakwatchira, a member of the commission, said the case was treated as an urgent case and he would seek clarification from Chalerm regarding the charges against him.

Source: http://englishnews.thaipbs.or.th/clarification-sought-cmpo-satish-sehgals-threatened-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=clarification-sought-cmpo-satish-sehgals-threatened-deportation

-- Thai PBS 2014-02-07

[Thai at Heart]

National Human Rights Commission.

My god they jumped to attention. Do the rohingya get something similar?

[newcomer71]

National Human Rights Commission.

My god they jumped to attention. Do the rohingya get something similar?

Even the Aussied deported on 2010 did not have any attention from NHRC... Tit.

[blabth]

Suthep was on the stage last night and told Sathit, "Come camp with us".

This guy is taking advantage of the Indian fellow, do you really think he likes what he did, he is only using him to hit back on Chalerm. I spoke with some Indians yesterday they r all pissed off with the guy, as he does not represent the Indian society. They guy is a nutcase let him go.

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[blabth]

Am I the only one who thinks that this deportation is just an excuse for someone looking to steal business from the guy? They won't issue an order for the average Indian Joe but for someone who has huge market share...

I'd bet a million $$$$ that someone close to the governing mafia plans to get their hands on his business. Of course, huge percentage of the gains would head straight to Dubai

I will gladly take your wager.

What exactly would this "business" be that you believe so valuable? You speculate in grandiose fashion. Now please entertain us with an explanation of this man's "huge market share". If I am not mistaken, he is a lobbyist and a promoter. What exactly is there to take?

Exactly he is a small potato, has a small agency nothing fancy. He has his 5 minutes of fame and it cost him dearly.

Sent from my iPad using Thaivisa Connect Thailand

[Trembly]

"Mr. Satit has merely exercised his rights as a citizen," Mr. Niran said, "He has not committed any act of violence

<deleted>? Even the lawyers don't know the law.

I'd take the English language articles from Khaosod and especially Thai PBS with plenty of salt; their editing is dire and their articles are always peppered with errors.

Although I haven't seen the Thai version I suspect that the original word used for 'citizen' would have been 'pholamueang', which means citizen but in the sense that has got nothing to do with nationality, such as in 'good citizen / citizen's arrest / citizenry of Bangkok'.

http://dictionary.reference.com/browse/citizen

cit·i·zen

[sit-uh-zuhn, -suhn] Show IPA

noun

1.

a native or naturalized member of a state or nation who owes allegiance to its government and isentitled to its protection (distinguished from alien ).

2.

an inhabitant of a city or town, especially one entitled to its privileges or franchises.

3.

an inhabitant, or denizen: The deer is a citizen of our woods.

4.

a civilian, as distinguished from a soldier, police officer, etc.

Origin:

1275–1325; Middle English citisein < Anglo-French citesein, Old French citeain, equivalent to cite city + -ain -an; Anglo-French s perhaps by association with deinzain denizen

Related forms

cit·i·zen·ly, adjective

non·cit·i·zen, noun

un·cit·i·zen·ly, adjective

un·der·cit·i·zen, noun

Can be confused: citizen, resident.

[Soutpeel]

Like the last bit - can be confused: citizen, Resident.......numerous TV posters make this mistake all the time with reference to their perceived "status" and "rights" in Thailand

[Thai at Heart]

"Mr. Satit has merely exercised his rights as a citizen," Mr. Niran said, "He has not committed any act of violence

&lt;deleted&gt;? Even the lawyers don't know the law.

I'd take the English language articles from Khaosod and especially Thai PBS with plenty of salt; their editing is dire and their articles are always peppered with errors.

Although I haven't seen the Thai version I suspect that the original word used for 'citizen' would have been 'pholamueang', which means citizen but in the sense that has got nothing to do with nationality, such as in 'good citizen / citizen's arrest / citizenry of Bangkok'.

http://dictionary.reference.com/browse/citizen

cit·i·zen

[sit-uh-zuhn, -suhn] Show IPA

noun

1.

a native or naturalized member of a state or nation who owes allegiance to its government and isentitled to its protection (distinguished from alien ).

2.

an inhabitant of a city or town, especially one entitled to its privileges or franchises.

3.

an inhabitant, or denizen: The deer is a citizen of our woods.

4.

a civilian, as distinguished from a soldier, police officer, etc.

Origin:

12751325; Middle English citisein < Anglo-French citesein, Old French citeain, equivalent to cite city + -ain -an; Anglo-French s perhaps by association with deinzain denizen

Related forms

cit·i·zen·ly, adjective

non·cit·i·zen, noun

un·cit·i·zen·ly, adjective

un·der·cit·i·zen, noun

Can be confused: citizen, resident.

Don't underestimate it. If I was asked once how it felt to be "thai", after 18 years I was asked 100 times. When I explained I had no permenant visa, people were shocked.

"U need visa? Why?". Most thais are completely oblivious to the immigration laws.

Maybe my fault for not doing it, but it was reportedly too complicated.

[rickirs]

Getting back on the stage again last night is not going help him, the bloody idiot should keep a low profile if he wants to fight deportation.

Maybe the Democrats will appeal to their sister organization the Constitutional Court to overturn his deportation order. It could say that he was upset with Yingluck's amensty bill and just helping exercising Suthep's right to a peaceful protest. Worked for Suthep, maybe work for him too.

[Thai at Heart]

Getting back on the stage again last night is not going help him, the bloody idiot should keep a low profile if he wants to fight deportation.

Maybe the Democrats will appeal to their sister organization the Constitutional Court to overturn his deportation order. It could say that he was upset with Yingluck's amensty bill and just helping exercising Suthep's right to a peaceful protest. Worked for Suthep, maybe work for him too.

If they don't deport him then the law is a complete ass.

[indyuk]

Go ahead and deport him. Once the Shinawatras and their dogs, Tarit and Chalerm are given the boot, he'll just get the next government to let him back.

The gentlmen you mention are Thai Citizens and according to Thai Law cannot be deported.

[harrry]

Go ahead and deport him. Once the Shinawatras and their dogs, Tarit and Chalerm are given the boot, he'll just get the next government to let him back.

The gentlmen you mention are Thai Citizens and according to Thai Law cannot be deported.

no but they can, as others have found in the past, decide to absence themselves as it is no longer possible for them to stay without facing the consequences of their actions.

[indyuk]

Go ahead and deport him. Once the Shinawatras and their dogs, Tarit and Chalerm are given the boot, he'll just get the next government to let him back.

The gentlemen that you recommend for deportation are Thai citizens and therefore their rights must be protected in accordance with Thai Law.

[indyuk]

Go ahead and deport him. Once the Shinawatras and their dogs, Tarit and Chalerm are given the boot, he'll just get the next government to let him back.

The gentlmen you mention are Thai Citizens and according to Thai Law cannot be deported.

no but they can, as others have found in the past, decide to absence themselves as it is no longer possible for them to stay without facing the consequences of their actions.

I don't agree with you.

[captspectre]

Don't they need a court to do this, or can they just order it?

All seems a bit kangaroo

in a word, NO!

[harrry]

Don't they need a court to do this, or can they just order it?

All seems a bit kangaroo

in a word, NO!

Well they think they don't.

Not sure if there is a Minister for Interior at the moment....last I heard they have a Caretaker Government and only have Caretaker titles.

Edited February 7, 2014 by harrry

[samjaidee]

The SOE, an act of parliament, trumps the Constitution?

Yes, Chalerm, they teach you well at that university of lower education, Ramkhamhaeng.

Well, Sir (with the in-pronounceable handle ?) Ramkhamhaeng is most certainly NOT "a University of lower education". You obviously have no clue as to what you're talking about.

You've never seen, listened to, or read Hitchhikers Guide to the Galaxy? What planet have you been on? Zaphod Beeblebrox is one of the lead characters. The one with two heads.

Here's his name written phonetically to help you pronounce it. /ˈzeɪfɒd ˈbiːbəlbrɒks/

never heard of it either, what country does it hail from?

Written by English author Douglas Adams. Originally a radio play on the BBC in 1978. Then a book in 1979. Part of a "trilogy" of five books. It became a TV series in 1981 and finally a film was released in 2005.

Hope that helps.

[casualbiker]

Go ahead and deport him. Once the Shinawatras and their dogs, Tarit and Chalerm are given the boot, he'll just get the next government to let him back.

The gentlmen you mention are Thai Citizens and according to Thai Law cannot be deported.

no but they can, as others have found in the past, decide to absence themselves as it is no longer possible for them to stay without facing the consequences of their actions.

I don't agree with you.

Thaksin is in self imposed exile. Based in Dubai and Chalerm ran off to Sweden.

" In the wake of the coup Chalerm was among the politicians accused of "unusual wealth", and had 32 million baht in assets seized.[4] He fled Thailand to live in Sweden and Denmark until the political situation cooled down."

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