Court to hear suit over Thaksin passports

[webfact]

COURT
Court to hear suit over Thaksin passports
The Nation

BANGKOK: -- THE Administrative Court will on Wednesday hear a case filed by ex-prime minister Thaksin Shinawatra against the Department of Consular Affairs’ director-general for cancelling his passports.

Thaksin sued the department chief and another official, accusing them of illegally cancelling his passports in May.

In the suit it is stated that the department cited an interview Thaksin had given that it said affected national security as a reason the passports were cancelled. Thaksin is being investigated for allegedly committing lese majeste, and allegedly violating articles 326 and 328 of the Criminal Code and article 14 (3) (5) of the Computer Act of 2007. The investigation was among other reasons given for cancelling the passports.

Due to these charges against Thaksin, the department used 2015 Foreign Ministry directives No 21(4) and No 23 (2) to cancel his passports.

In the suit it is stated that Thaksin appealed the decision to cancel the passports but the department upheld the cancellations under an order dated Sept 9.

The Administrative Court accepted the suit on Dec 8. Pheu Thai lawyer Wattana Tiangkul is Thaksin's legal representative in the case.

Source: http://www.nationmultimedia.com/politics/Court-to-hear-suit-over-Thaksin-passports-30275333.html


-- The Nation 2015-12-21

[bino]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

[thesetat2013]

Isn't it a countries policies to cancel any passport for a convicted fleeing criminal? Ohh I forget Thailand is not like other countries. How can Thak defend himself if he never shows up for the hearings?

[johnefallis]

Isn't it a countries policies to cancel any passport for a convicted fleeing criminal? Ohh I forget Thailand is not like other countries. How can Thak defend himself if he never shows up for the hearings?

NO, it isn't.

[johnefallis]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

[smedly]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

agree, if he can file his own lawsuit then why can the pending criminal charges not also be heard in his absence, if he doesn't want to attend and defend himself then up to him, something else that needs reform

[smedly]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

agree, if he can file his own lawsuit then why can the pending criminal charges not also be heard in his absence, if he doesn't want to attend and defend himself then up to him, something else that needs reform

the key word here being ******absense******

[smedly]

Isn't it a countries policies to cancel any passport for a convicted fleeing criminal? Ohh I forget Thailand is not like other countries. How can Thak defend himself if he never shows up for the hearings?

NO, it isn't.

yes it is, and the key word here being "fleeing" or attempting to "flee" someone that is suspected breaking bail conditions and is attempting to leave the country would have his travel rights revoked, and also when they refuse to return if they have indeed fleed and requests made to the country they are residing to have him returned

[trogers]

All fugitives from the law should be issued diplomatic passports... And enshrine this as a human right worldwide!

[zaphod reborn]

Why doesn't the Court just order Thaksin to appear for trial, and, if he doesn't, dismiss the lawsuit? You have to wonder whether the judiciary is as clueless as they seem.

Edited December 21, 2015 by zaphod reborn

[aussieinthailand]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So what in your country the legal system is not available for people that are charged? and or convicted? and I would have thought that most modern countries would have these rights to legal access enshrined??? Who'd a thunk it?

Criminal or no everyone should have access to the law of the land...

As for some scuttlebutt doing the rounds that Mr T has a passport from another country then try as the Thai government may I believe they cant do a thing about it is (correct me if I'm wrong) a passport is not the property of the holder but is owned by the issuing country and there by regardless of how much uncle Too want's to limit passport access to Mr T, aint gonna happen.

[Ks45672]

Who cares? https://antithaksin.wordpress.com/2009/05/22/thaksin-carries-6-passports/

[HerbalEd]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

So, do you actually believe a convicted criminal who is a fugitive from justice should have full legal rights? And that their country should keep their passport valid?

[Baerboxer]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So what in your country the legal system is not available for people that are charged? and or convicted? and I would have thought that most modern countries would have these rights to legal access enshrined??? Who'd a thunk it?

Criminal or no everyone should have access to the law of the land...

As for some scuttlebutt doing the rounds that Mr T has a passport from another country then try as the Thai government may I believe they cant do a thing about it is (correct me if I'm wrong) a passport is not the property of the holder but is owned by the issuing country and there by regardless of how much uncle Too want's to limit passport access to Mr T, aint gonna happen.

Yes he should have the right to the legal system. Providing of course he returns and is no longer a fugitive who lied and jumped bail. Seems you can file charges and be the plaintiff without ever turning up.

He is a convicted criminal fugitive, who has a considerable amount, some 15 plus, of outstanding serious charges waiting his return. These are serious, like the Krungthai Bank case and he is scared shitless of them. So he ran and won't return unless he can fiddle and amnesty.

He has tried bribery, threats and intimidation and pushed the country to almost civil war in his attempts to avoid justice.

But, yes, he should still have access to the law of the land, any time he wants to return.

Regarding his Thai passports - when were these passports issued and in what circumstances? Could they be the ones his sister and cousin had issued, on special opening of the Ministry during the Great Flood? The ones the Ombudsman raised questions about the legality and process of issuing and hand delivering them? The questions Yingluck and number 1 cousin kept promising to answer and then simply ignored? Maybe someone should follow up on that.

Thailand cannot do anything about another country awarding its citizenship, which is what is required to get a passport, on a Thai national. They may have laws regarding dual / multi-citizenships they might consider applying though.

Just more games from the PR master trying to show the world he's never ever done anything wrong, never ever, divert attention in Thailand and keep his name in the papers.

[bino]

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

Defending yourself is one thing, but attacking is another. Thaksin is the attacker / plaintiff in this case.

If he wants to come home and take care of all the outstanding charges and "clean his hands", then he should be able to make avail of the legal system to the fullest.

From Wikipedia:

Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in Uncommon Law by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court".

Edited December 21, 2015 by bino

[Baerboxer]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages..

Ha, a diversion attempt.

This thread is about the criminal fugitive Thaksin, his illegally issued passports - by his sister and cousin, and their subsequent cancelling.

And here we have the odd circumstances of a convicted fugitive criminal, wanted on many outstanding warrants and to answer many more cases, trying to use the law to his own selfish bidding i.e. stirring up shit. And, everyone conveniently forgets his sister and cousin illegally issued new passports to replace the previously cancelled ones, and treated the Ombudsman's questions about them with contempt.

I would be very careful referring to the current legal government of Thailand with your chosen expression in the current circumstances.

[Prbkk]

Thaksin this, Thaksin that, Thaksin something else....Thaksin is the last thing Thailand has to worry about. Mega yawn.

[Baerboxer]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

No he's not saying that at all. You are.

He's expressing how strange it is that a convicted criminal fugitive, whose illegally issued passports were cancelled, as were his previous ones. can instigate any legal proceedings, whilst still running from the law himself.

Why doesn't he return and defend all those cases against him? Maybe starting with the Krungthai Bank case?

[Srikcir]

Isn't it a countries policies to cancel any passport for a convicted fleeing criminal? Ohh I forget Thailand is not like other countries. How can Thak defend himself if he never shows up for the hearings?

NO, it isn't.

yes it is, and the key word here being "fleeing" or attempting to "flee" someone that is suspected breaking bail conditions and is attempting to leave the country would have his travel rights revoked, and also when they refuse to return if they have indeed fleed and requests made to the country they are residing to have him returned

Rather than making up layperson excuses for why Thaksin's passport should be revoked, let's look at what justification was given by the Department of Consular Affairs for cancelling his passports.

The Department alleges that Thaksin's comments made in South Korea "affected national security" and he is "being investigated for allegedly committing lese majeste, and allegedly violating articles 326 and 328 of the Criminal Code and article 14 (3) (5) of the Computer Act of 2007."

The government is not citing Thaksin's flight nor prior criminal conviction as cause for the cancellation. Thaksin, like any Thai citizen, is entitled to see the evidence for such allegations. Such a process is called due process of law. If the burden of proof falls entirely on the government, Thaksin needn't be present for the trial.

The potential problem for Prayut to revoke Thaksin's passport without resorting to Article 44 is that it is the Head of State that has such authority, not the Head of Government. In a republic the president holds both offices so there is no conflict but not in a constitutional monarchy. So even if the court rules for the government, the revocation may require a further process that Prayut may not want to pursue.

[chainarong]

Thaksin has no one to blame but himself , not only did he break his bond conditions in the Beijing Olympic fiasco but continued to stir up trouble from outside with those rousing red shirt speeches and threatened to form a breakaway government following the undemocratic takeover of Government by the Junta , there is little can be said for someone who should have remained silent and his advisers should have cautioned Thaksin on this , at least by Thai standards until required or an Amnesty granted............................................. .

[thelonius]

Who cares? https://antithaksin.wordpress.com/2009/05/22/thaksin-carries-6-passports/

Really??? You quote that website???? You're not Tony Cartalucci are you?

[mrrizzla]

I guess he'll just have to cry into all the other multiple passports he has.

[Freed1948]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

You are, but in the country that it applies.

[Skywalker69]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

Read this before you post you´r comments!

http://www.thaivisa.com/forum/topic/878797-updated-notice-to-members-posting-in-thailand-news/

[thelonius]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

Read this before you post you´r comments!

http://www.thaivisa.com/forum/topic/878797-updated-notice-to-members-posting-in-thailand-news/

Oh dear, oh dear, oh dear. First it was self censorship and now it's come to this. Have you no shame?

[SOTIRIOS]

.....of course...stay in the news...and peoples minds.....

.....leave the cancer unchecked.....

[lucky11]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

So are you suggesting that once accused of a crime or convicted (rightfully or wrongfully) you should no longer be allowed to defend yourself, or your rights?

Wow

If you are a fugitive on the run - then most definitely. He should not be allowed to bring any cases against anyone, until of course he has done his stint in prison that is, then he should have his passports back and have free rein to the Thai justice system!!

[bark]

All fugitives from the law should be issued diplomatic passports... And enshrine this as a human right worldwide!

He has another passport from another country !

[Skywalker69]

I'm just continually gobsmacked that a convicted criminal who is on the run from a jail sentence and has many more charges pending against him still has the ability to use the Thai legal system to his own advantages.

Read this before you post you´r comments!

http://www.thaivisa.com/forum/topic/878797-updated-notice-to-members-posting-in-thailand-news/

Oh dear, oh dear, oh dear. First it was self censorship and now it's come to this. Have you no shame?

I don´t make the TVF rules!

[Skywalker69]

All fugitives from the law should be issued diplomatic passports... And enshrine this as a human right worldwide!

He has another passport from another country !

From Montenegro, Nigeria and Nicaragua.