Lawyer says Yingluck has right to travel

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Lawyer says Yingluck has right to travel
The Nation

NCPO to take legal advice; barred her from going to Hong Kong, china and the UK

BANGKOK: -- FORMER Prime Minister Yingluck Shinawatra has full right to travel abroad, as her criminal case over the rice-pledging scheme has not been filed in court yet, her lawyer argued yesterday.

The National Council for Peace and Order (NCPO) rejected her request to go to Hong Kong, China and the UK from today till Feb 22, as she has to attend the court trial.

Her lawyer Norawit Lalang said the Office of the Attorney-General had decided last month to indict her at the Supreme Court’s Criminal Division for Political Office Holders in connection with the rice scheme but the case has not yet to be filed. In this situation, the prosecutors and the court had no authority to prevent Yingluck from going abroad, he said.

"In criminal litigation, suspects are innocent until proven guilty. All the charters of the country guaranteed the rights and liberty of suspects, even in Provision 4 of the interim charter,’’ the lawyer said.

The Supreme Court's Criminal Division for Political Office Holders had different legal procedures from other courts, he explained. The court did not require the presence of suspects when prosecutors file an indictment, citing as example the case against former premier Somchai Wongsawat.

Norawit also said that once the Supreme Court selects judges to hear the rice-pledging case, and if the judges decide to accept the case, then it would issue a summons to suspects to appear on the first hearing day.

"The NCPO's order may be in violation of charter provisions that protect the rights and liberties of suspects in criminal cases," Norawit said.

The NCPO and Army spokesman Winthai Suvari said they needed more time to consider Yingluck's request for permission to leave the country unlike her previous requests because the rice-pledging case was about to go on trial. "The NCPO may seek legal counsel from concerned agencies. We have to ensure convenience to those who seek permission but at the same time this should not affect the trial procedures,’’ he said.

Prime Minister Prayut Chan-o-cha yesterday declined to comment over Yingluck's travel plan and the junta decision to prohibit her.

Reporters should ask the media that had reported about the junta's decision about Yingluck's plan, said Prayut, who is also head of the NCPO.

Yingluck had planned to leave for Hong Kong yesterday.

Her rival and leader of the Democrat Party Abhisit Vejjajiva said the junta might have adequate reasons to prevent the former premier from travelling. As Yingluck's case had not been submitted to the court, the junta had full authority to control her movement, he said.

Source: http://www.nationmultimedia.com/politics/Lawyer-says-Yingluck-has-right-to-travel-30253662.html


-- The Nation 2015-02-09

[thesetat2013]

Someone needs to remind YLs lawyer that this country is still in martial law and that gives them the right to allow or prevent anyone from doing anything and everything. Including preventing her from going to Hong Kong or China or anywhere else for that matter. Maybe this is another lawyer who needs to have a little "attitude readjustment" session with the Junta. Hehee

[jaidam]

Must have missed the bit in the article where Yingluck's lawyer Norawit conveyed his clients express apology for the sheer waste of potential when after winning a general election she chose to act only in her big brothers interest and brought the country to the brink of civil war and anarchy over his whitewash and recompensation bills. I suppose it is human nature to cast blame elsewhere for our failures but being an ex PM she should have the stones to admit that had it not been for her lying, deceit and malevolent behaviour, she would still be PM right now.

[Strangebrew]

Look it was right to not allow her to leave cause she would have done a runner. It is in her DNA.

[NongKhaiKid]

Talking about ' rights ' these days is a non-starter.

The lawyer isn't addressing the junta, he's playing to the gallery.

[chooka]

If the charges haven't been filed at court then she hasn't officially been charged with anything. Until it is listed and filed it is just toilet paper. Martial law is probably a very different matter and they can detain someone in definately without charge.

[chooka]

Look it was right to not allow her to leave cause she would have done a runner. It is in her DNA.

She could have done a runner numerous times already and didn't. I guess she has faulty genes or is the milkmans daughter.

[lewy67]

Remember the old Thai song that went - 40 40 45...........dadadada.

The Junta could slightly alter the lyrics and sing back to Yingluck's lawyer 40 40 44.......... we can do what we want....40 40 44...we are the law.......

[tbthailand]

FORMER Prime Minister Yingluck Shinawatra has full right to travel abroad, as her criminal case over the rice-pledging scheme has not been filed in court yet, her lawyer argued yesterday.

... not if the NCPO says she doesn't have a right to travel.

Dear YL lawyer, here's a tip for you... This is how things work in Thailand, now.

[siampolee]

Why such an urgent need to travel? Perhaps the movement or concealment of assets , or advice to be given by her puppet master or in truth a run away move,..Such a move has been done by close relative before so it's in the genes to cut and run.

Edited February 8, 2015 by siampolee

[rasmus5150]

Look it was right to not allow her to leave cause she would have done a runner. It is in her DNA.

She could have done a runner numerous times already and didn't. I guess she has faulty genes or is the milkmans daughter.

Before she thought (like myself) that she was untouchable. Now it actually dawns on her that she can go to jail because her mismanagement of the rice scheme. Her pride (or stupidity) will haunt her forever.

[ramrod711]

Her lawyer Norawit Lalang said the Office of the Attorney-General had decided last month to indict her at the Supreme Courts Criminal Division for Political Office Holders in connection with the rice scheme but the case has not yet to be filed. In this situation, the prosecutors and the court had no authority to prevent Yingluck from going abroad, he said.

You have to love the mercenary nature of lawyers, in it just for the money, justice is a non-starter.

[useronthenet]

Certainly it sends a clear statement to all, who is exactly in charge.

[Roadman]

The Shinawatra puppet's lawyer would do well to read the 2014 Interim Constitution again. Especially Section 44 which clearly spells out the powers of the NCPO and take note of that word "final", and that trumps his pathetic attempt of his justification of Section 4.

[AleG]

On the other hand:

The attorney general will submit a subpoena to the Supreme Court on Feb. 19, and wants Yingluck to be present for that, government spokesman Sunsern Kaewkumnerd said on Sunday.

Yingluck had asked for permission to leave from Sunday until Feb. 22, he said.

"The suspect must be present for the first process of the case otherwise the case cannot proceed," Sunsern said.

Being not present to hear the charges is how her brother has stalled about fifteen corruption cases against him.

[EyesWideOpen]

With the family history of doing a runner, she should be under house arrest. Or

at a minimum have a military team keep a 24 hour watch on her. There is long

and fabulous history of Thai criminals doing a border runner to Cambodia. By

now there must be a Thai town in PP. She has created a hell of her own

making, and now it is time to play the piper.......

[Gunna]

Did I hear her lawyer say she was only wanting to meet a convicted criminal and mastermind of the rice scam.

And who has a passport illegally issued and hand delivered to him by a member of her Government and no-one has ever been charged over this.

[Gunna]

"Yingluck is ready to fight. She will not run because we have facts and evidence to fight the case," Norawit, her attorney, said.

Like she was ready to fight her impeachment by refusing to attend the hearing to answer questions

Only willing to read out prepared statement full of lies

eg

I really wanted to help the farmers - actually - I really wanted to help TS

The farmers are better off - TS etc are better off

The only truth was when she said she didn't know what was going on with the rice scam - because she didn't attend any meetings and was told to say it was a good and there was no corruption anytime anyone asked her.

[PepperMe]

She does not have the right to travel if she has been told she can not travel, it is as simple as that.

No point crowing on about rule of law or the legal processes. This is not a regular criminal case. She was not arrested and bailed pending charges like you would expect many other criminal case, whereas even before charges, you would not be allowed to leave the country.

This case has come directly from the OAG, so is not going along the same procedural lines. If the OAG has sent the case to the courts like he said he is. Then it is a signed, sealed and delivered situation of a criminal case being imminent.

Yinglucks lawyers are just once again crawling around looking for loopholes and comparing this to an everyday criminal case.... It is not.

The situation since day one is that anyone summoned by the Junta since the coup, MUST apply for permission to travel..... It is as simple as that.

However, Having said that... If she is found guilty and given a few days grace before sentencing, you can but your life she will be smuggled out over the border to Cambodia with her Montenegro passport probably by private helicopter, and then on to her country of choice that does not have extradition treaties with Thailand..... and that is the last you will see of her.

[rubl]

FORMER Prime Minister Yingluck Shinawatra has full right to travel abroad, as her criminal case over the rice-pledging scheme has not been filed in court yet, her lawyer argued yesterday.

... not if the NCPO says she doesn't have a right to travel.

Dear YL lawyer, here's a tip for you... This is how things work in Thailand, now.

Dear YL lawyer,

please check your client has received the invitation which was sent to her last known registered address in the Kingdom (somewhere in the middle of the Bangkok jungle)

"The attorney general will submit a subpoena to the Supreme Court on Feb. 19, and wants Yingluck to be present for that, government spokesman Sunsern Kaewkumnerd said on Sunday."

http://www.businessinsider.com/r-thai-junta-denies-former-pm-yingluck-permission-to-travel-2015-2

Mind you, for most people Feb 19th is a holiday in Thailand although not a public holiday it would seem. Feel pity for the court members and the OAG who cannot even take a day off.

[Jay Sata]

Well she won't have an excuse for not attending court this time.

Maybe Chalerm can offer some advice. He has been very quite lately.

[Centrum]

Well she won't have an excuse for not attending court this time.

Maybe Chalerm can offer some advice. He has been very quite lately.

Deep in discussions with other parties, looking at options for him and family should he wish to jump ship.

No honor amongst thieves.

[NongKhaiKid]

Did I hear her lawyer say she was only wanting to meet a convicted criminal and mastermind of the rice scam.

And who has a passport illegally issued and hand delivered to him by a member of her Government and no-one has ever been charged over this.

Look at the respect she and her govt gave the Ombudsman over the passport issue. How many times did he ask for an explanation and it reached the stage where they didn't even bother to ask for an extension of the deadline to answer just ignored him ?

I don't know what powers the Ombudsman has but probably with good reason he didn't exactly pursue the matter with much vigor.

[Johnnie99]

A hilariously bad lawyer then, I would say.

[Gunna]

The Shinawatra puppet's lawyer would do well to read the 2014 Interim Constitution again. Especially Section 44 which clearly spells out the powers of the NCPO and take note of that word "final", and that trumps his pathetic attempt of his justification of Section 4.

Totally agree

Overseas travel is not a fundamental right in many countries, even "Democratic" ones

eg

Under current U.S. Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process

[Eric Loh]

Someone needs to remind YLs lawyer that this country is still in martial law and that gives them the right to allow or prevent anyone from doing anything and everything. Including preventing her from going to Hong Kong or China or anywhere else for that matter. Maybe this is another lawyer who needs to have a little "attitude readjustment" session with the Junta. Hehee

Thank you for reminding that a coup have taken place and democracy been crushed and all freedom, rights and liberties have been taken away.

[h90]

Did I hear her lawyer say she was only wanting to meet a convicted criminal and mastermind of the rice scam.

And who has a passport illegally issued and hand delivered to him by a member of her Government and no-one has ever been charged over this.

And not forgot: this government didn't cancel his passport and Yingluck still has her diplomatic passport. So in my opinion deals are already made, no one goes into jail but there will be a bit of show with tears for the general audience something that a bit of satisfy both reds and yellows, but really is for nothing....

[h90]

Someone needs to remind YLs lawyer that this country is still in martial law and that gives them the right to allow or prevent anyone from doing anything and everything. Including preventing her from going to Hong Kong or China or anywhere else for that matter. Maybe this is another lawyer who needs to have a little "attitude readjustment" session with the Junta. Hehee

Thank you for reminding that a coup have taken place and democracy been crushed and all freedom, rights and liberties have been taken away.

Lets not forgot most of the freedom, rights and liberties were taken away during the rule of "I'm G.W. Bush best friend" Mr. Thaksin Shinawatra. Also all the internet censorship was established in his time.

[ALLSEEINGEYE]

As we have all seen on many murder mystery shows, when there is a suspect in a crime the suspect is always told "don't leave town" let alone leaving the country. They need to make sure she stays here as there is a long process and she should be available for questioning (I know that made me laugh too).

She is also a huge flight risk as her brother set a wonderful precedent for her.

Doing a runner seems to be the national pastime here.

[Thailand]

He who has absolute power says no, simple as that.

Scary situation we are in at the moment and not looking good for the future.