Thai govt must respect the right to political asylum

[webfact]

EDITORIAL
Govt must respect the right to political asylum
The Nation

Thai fugitives fleeing politically motivated lese majeste charges have the right to sanctuary abroad

BANGKOK: -- Political asylum" is defined as protection afforded by a nation to foreigners who flee political persecution in their own country. The right to political asylum has been recognised for thousands of years, dating back to ancient Greece.

In modern times the basic principle of asylum was forged in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948.

Article 14 of the declaration says, 1) Everyone has the right to seek and to enjoy in other countries asylum from persecution; and 2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Thailand, as a member of the UN, has an obligation to comply with the declaration. Thus the government of this country should halt efforts to extradite citizens who have sought asylum abroad.

Prime Minister Prayut Cha-o-cha said last week that he had instructed the Foreign Ministry to ask almost a dozen countries to send back Thais accused of violating the lese majeste law.

Prayut specifically mentioned Akapop Luara, better known as "Tang Acheeva", who has reportedly been granted political asylum in New Zealand.

Two weeks earlier the Foreign Ministry invited the chargé d'affaires at the New Zealand Embassy to look into the case of Akapop after the fugitive posted a picture of himself on Facebook holding a New Zealand passport, with a message saying he was living there.

Last week Thai royalists staged a brief demonstration in front of the New Zealand Embassy in Bangkok, demanding that Wellington extradite "a lese majeste suspect" living in exile there, and threatening to step up measures if New Zealand failed to comply.

Akapop's case is far from unique. The military government and ultra-royalist groups have been hunting a slew of academics, journalists and political activists in connection with alleged infractions against the monarchy. No country has responded to the extradition demands so far. Premier Prayut has explained that Thailand has no power to force foreign countries to comply. Since foreign governments and the UN, he said, "claim they are protecting human rights, I don't know what can be done. We are not strong enough [to force them]. Let's wait until Thailand becomes a superpower and then we might be able to do so."

Fortunately for the world, Thailand is unlikely to become a superpower anytime soon. But, even if the Kingdom did command such influence, it is important for Prime Minister Prayut to understand and respect the rights of others - his political enemies included - to seek asylum. The government has neither the right nor the authority to force them to return to the Kingdom.

Lese majeste is a crime outlined under Article 112 of the Penal Code. It stipulates that "whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to 15 years". Its aim is to protect the head of state from criticism. However, the terms "defames" and" insults" have been interpreted by those in power to cover any criticism of the monarchy. In many cases the law has been used to protect other members of the royal family from perceived criticism, although it is only meant to protect Their Majesties the King and Queen, the heir to the throne and, if there be one, the regent. In reality, the law is being used for political purposes - mainly to silence and punish enemies of the government.

This being the case, those who are charged with lese majeste have the right to seek asylum abroad. If they gain that asylum, the game is over. The government has no right to seek their extradition, no matter what kind of extradition treaty Thailand has with the countries in question.

Source: http://www.nationmultimedia.com/opinion/Govt-must-respect-the-right-to-political-asylum-30252732.html


-- The Nation 2015-01-27

[Somtamnication]

Too complex yet too simplistic for Thais to understand. They'll never get it.

[ThePlant]

Oh dear. The 'PM' will be furious. He insists that all these countries send back the dissidents before he launches his election campaign, yet they fart in their cupped hands and throw it in his face....

[ChrisY1]

Well written for a change......

I can't see any western countries ever extraditing people sheltering from these dreadful, draconian laws, enforced, as the author states, purely for the silencing of opponents.

[lewy67]

Given that there is no freedom of assembly or freedom of speech and the country is under martial law any Thai who opposes these conditions must be eligible to claim political refugee status should they be able to get to asylum. 112 is just a part of the political oppression puzzle being imposed by the military government. I can just see millions of anti fascist and red shirt refugees spilling into camps in Cambodia, Laos and Burma to escape the tyranny and seek freedom abroad.

[chainarong]

You can talk till you are blue in the face but this just shows the immaturity of the Thai ,because it is not only the elite that pushes this barrow, what does it say about Thailand as a nation , it says you have no freedom of speech, no Democracy , therefore you have no part in the modern international community.

Edited January 27, 2015 by chainarong

[jayboy]

Given its past dreadful record and pervasive shoddy journalism it's only fair to recognise a brave and well argued editorial from The Nation.Keep this high standard up and it might be reasonably regarded as a proper newspaper.

[ggt]

Thai fugitives fleeing politically motivated lese majeste charges have the right to sanctuary abroad...

These lese majeste witch hunts are going to cause a good deal of unsatisfactory reports from civilized countries...

I doubt that any country outside of SE Asia will either support this kind of travesty of justice...or send anyone back to Thailand for a mock trial...

[oneday]

"...I don't know what can be done. We are not strong enough [to force them]. Let's wait until Thailand becomes a superpower and then we might be able to do so..."

[chotthee]

That guys in NZ is a criminal under criminal law LM112.

He is not persecuted under politic law, no has no right to claim politic asylum.

[halloween]

Edited January 27, 2015 by halloween

[trogers]

Any criminal is welcome to Thailand to claim political asylum. This would be how the Thais understand the issue

[jayboy]

That guys in NZ is a criminal under criminal law LM112.

He is not persecuted under politic law, no has no right to claim politic asylum.

Nobody of any intelligence believes this, just the crazies.

[wow64]

The sooner Thailand is a super power the better. Think thailand might become a super power hub.

The UN should also stop interfering with Thainess.

[Christie Paul]

As much as possible political asylum should be encouraged and maintained by any/all countries that wish to compensate against tyrannical state power.

[yardrunner]

That guys in NZ is a criminal under criminal law LM112.

He is not persecuted under politic law, no has no right to claim politic asylum.

but he still has the right to claim asylum as the crime he is charged with in Thailand is not a crime in the rest of the world, if it was the makers of spitting image would have been locked up in the Tower of London

[RigPig]

¨Let's wait until Thailand becomes a superpower and then we might be able to do so."

That this even came out shows the mindset....

[RigPig]

That guys in NZ is a criminal under criminal law LM112.

He is not persecuted under politic law, no has no right to claim politic asylum.

This may come as a shock to you cotthee but .......

¨In modern times the basic principle of asylum was forged in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948.¨

The right to speak out and express ones opinion, whether others agree with it or not, is a basic human right, it´s called freedom of expression. Thailand´s LM laws are looked upon by the majority of the ¨civilized¨ world as archaic and politically motivated despite the fact it comes under Thai criminal code.

Part of the reason this country has not advanced as quickly as others is the inability to question, anything. When I was a boy my goal at school was to prove my teacher wrong (this was not considered disrespect, it showed I was paying attention), and I did on several occasions and everyone benefited / learned from it. The fact the human race learned to ask ¨WHY¨ is what got us where we are. It is the reason Thais have I-Phones.....

[phrisco17]

Too complex yet too simplistic for Thais to understand. They'll never get it.

[WitawatWatawit]

¨Let's wait until Thailand becomes a superpower and then we might be able to do so."

That this even came out shows the mindset....

Don't take it seriously. It's what Prayut regards as humour, in a military kind of way. I'm not sure if it's a step up from Benny Hill, though, but whatever .. you should just smile patronisingly.

[kinmaew]

Q: When Thais are in REAL trouble and need genuine no holes barred compassion who do they turn to? A: No one in Thailand but once again to foreigners to save their ass. I think they should be sent back to the society they so dearly love and deal with the consequences they deserve instead of running away and hiding and having the NZ taxpayer foot their bill. They really love Farang now dont they. Two faced liars.

[ALLSEEINGEYE]

I completely disagree. Politicians should not get any different treatment than any other criminal. They make the laws so they write them in a way that gives them special privileges.

IMO, they should be held to a higher standard and therefore a higher punishment when they are convicted of a crime especially when that crime is a direct action of their position of influence and power.

If an embezzler flees his country then he is arrested and extradited (when possible). The same should go for politicians.

They get into politics to be a better criminal and avoid punishment. We need to put an end to this everywhere in the world. If the common man is accountable for his crimes then politicians should be as well.

Of course the only exception to this rule is for bankers and other big business leaders that have bought and paid for their politicians. They never face punishment either. Laws are obviously just put in place for the man, not the elite.

Time for a change.

[ExPratt]

So did the Army stop the illegal gathering outside the Kiwi Embassy ?

[RigPig]

So did the Army stop the illegal gathering outside the Kiwi Embassy ?

GOOD point !!!

[chainarong]

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Thai fugitives fleeing politically motivated lese majeste charges have the right to sanctuary abroad...

These lese majeste witch hunts are going to cause a good deal of unsatisfactory reports from civilized countries...

I doubt that any country outside of SE Asia will either support this kind of travesty of justice...or send anyone back to Thailand for a mock trial...

It is 2015 and yet one is a fugitive from their own country for having an opinion.

[kkerry]

The best way for anyone on the run overseas to avoid extradition back to Thailand is to be charged with LM. Soon as that gets added to the charge sheet then few, if any overseas jurisdictions will agree for them to be returned. Thailand seems not to able to understand that each time they add LM they might as well be handing out a get out of jail free card...

[Jonmarleesco]

'... the government of this country should halt efforts to extradite citizens who have sought asylum abroad.' Efforts that are broadly irrelevant; which is undoubtedly also the view of Thailand taken by those countries who have been earwigged, and have turned their deafest ears to Thailand's demands.

'... Thai royalists staged a brief demonstration in front of the New Zealand Embassy in Bangkok ...' These, I suppose, being the same royalists who all too often have nothing better to do with their time than to keep eyes and ears open for people who have committed the 'crime' of lese majeste.

'Let's wait until Thailand becomes a superpower and then we might be able to do so."' For the moment, however - and for the foreseeable future - back to reality.

[aboctok]

That guys in NZ is a criminal under criminal law LM112.

He is not persecuted under politic law, no has no right to claim politic asylum.

Citing the law advances no argument in response to the contention that the law in question is being used to put pressure on political opponents.

In relation to a basis for claim to political asylum, do you mind clarifying the distinction between politic(al) law and criminal law? Doesn't the issue rest on the question of whether certain crimes are regarded as political crimes?

Finally, regardless of whether a person is granted asylum, you will find no broad support for disallowing the right to claim it. To make such a claim is a recognized right of any living person (Article 14).

Edited January 28, 2015 by aboctok

[farangmick]

The British Monarchy can thrive without a draconian lesse majeste law, despite many Brits wanting a republic, and the wierdy beardy Green party announcing that the Royals should be given council housing. His Majesty has earned the love and respect most of the Thais and has no need of this law. But he is old.....not say any more, or else.