Court rejects Thaksin’s demand for the return of his Thai passports

[jamesbrock]

1 hour ago, halloween said:

The BP refers to his "two regular Thai passports". Why two?

 

Perhaps the use of the word 'regular' was in error. As far as I knew, he did have two, but they were Personal and Diplomatic.

 

His Diplomatic passport was revoked on 12 December 2008; his personal one was revoked in April 2009.

[waza]

The BP refers to his "two regular Thai passports". Why two?

Because he was issued a normal Thai passport and a diplomatic one. He used the diplomatic one when he tried to broker peace with the southern insurgents which resulted in an escalation of the situation.

[trogers]

1 hour ago, jamesbrock said:

 

Certainly is.

 

This brief reminder is courtesy of a petition to World Policy Institute by Network of Thais Overseas on Change.org:

 

"1.      Human Rights Abusiveness and Extrajudicial Killing of 2,800 people

More than 2,800 citizens, including innocent children, were murdered because of the heavy handed policies of the war on drugs and anti-Muslim policies of Thaksin regime. The details of all these cases are on file with Thailand’s National Human Rights Commission, as have been reported by Shawn Crispin of Asia Times on October 13, 2006. Some of the examples are the killing of a 9-year-old, Nong Fluke, by the Thai police on February 23, 2003, during the war on drugs campaign; the Tak Bai incident on October 25, 2004 where 78 Thai Muslim civilians died from suffocation after being handcuffed and stacked on top of one another for over three hours.

Thaksin also created a Police State in Thailand where the police only caught people who acted against the Shinawatra government.

 

 2.      The Two-Year Prison Conviction

Under Thailand’s Prevention and Suppression of Corruption Act, state officials are prohibited to enter into any type of contracts with any state agency or be a party with any interest in any state agency.  Thaksin, then the Prime Minister of Thailand, signed a consent allowing his wife Pojaman to purchase a land offered for sale by a government agency.   The government agency initially bought this land for USD 90 million (2,749 million Baht) and later reduced the assessment price in order to place it in an auction.  Pojaman won the auction at USD 25 million (772 million Baht).  Eight years later, the land was sold at the price USD 60 million (1,815 million Baht).   The Supreme Court Criminal Section for Political Posts Holders ordered a two-year sentence for Thaksin since he, as a Prime Minister, had committed a transaction against the Prevention and Suppression of Corruption Act.  Thaksin then fled the country, and the court issued arrest warrant to capture him.

 

 3.      The USD 2.5 Billion Lawsuit and Seizure of 1.5 Billion 

This is one of the biggest court cases in Thailand’s history.  While in his power as the Prime Minister, Thaksin and his wife concealed the fact that they had owned 48% of Shin Corporation, a public company that was awarded telecom concession from the state by having other persons including his son, daughters, brother-in-law, secretary and his sister (Yingluck Shinawatra – later the PM of Thailand) as nominees for them.  Thai law and the Prevention and Suppression of Corruption Act prohibit the Cabinet members to hold shares in companies and to be a party to do business with state to avoid conflict of interest. Thaksin owned the shares through his nominees and abused his power to favor Shin Corporation in many ways.  He later sold these shares to a Singaporean company.  The net proceed and the dividends he then received total USD 2.5 Billion (76,000 million Baht).  The prosecutor asked the court to seize all the proceeds and dividends.  The court ordered to seize his money totaled USD 1.5 Billion (46,000 million Baht).     

 

 4.      Tax Evasion

In regards to the selling of Thaksin’s shares in Shin Corp to a Singaporean company as mentioned in the above case, Pojaman, Thaksin’s wife, her brother and her secretary were sentenced by the criminal court for a 3-year jail time each, for not paying tax in the amount of USD 25 million (739 million Baht).  

Later, the appeal court changed the sentence to dismiss Pojaman and her secretary, and reduced the sentence of her brother to one year with parole.

Then, Thaksin’s political party won an election, became a ruling party, and the District Attorney decided not to bring the case to the Supreme Court.

 

5.      Corruption by Changing Telecom Concession

During his power as Prime Minister, Thaksin issued a law to change the concession contract between the state and telecom companies, one of which owned by him and his family, resulted in the state losing income in the amount of USD 2.1 Billion (66,000 million Baht) and more profit to his telecom companies.   The court ordered to pause to case due to the defendant, Thaksin, fleeing from the country.

 

6.      Corruption The Lottery Project

Thaksin, all his cabinet members and affiliates totaling 47 people, including Thailand Lottery Committee Executives, were indicted.  The Criminal Court sentenced the then Deputy Minister of Finance, the Permanent Secretary of Finance Ministry, and Head of Thailand Lottery Office for a two-year jail time with parole.  Since Thaksin had fled the country, the court issued arrest warrant to capture him. 

 

7.      Corruption by Issuing Loan to Myanmar Government to Buy His Telecom Equipment

Thaksin issued a loan in an approximate amount of USD 130 million (4,000 million Baht) through a government bank to Myanmar government, allowing Myanmar government to purchase telecom equipment and satellite from Shin Corporation, a company owned by Thaksin and his family.  The court issued an arrest warrant to capture him. 

 

8.      Concealed or Wrongly Disclosed Assets and Liabilities Accounts

Further from the Shin Corp shareholding nomination case, Thaksin was indicted for concealing assets or wrongly disclosed assets and liabilities total of six times.  The court issued an arrest warrant to capture him. 

 

9.      Corruption by Issuing Loan to NPL company

Thaksin approved a government bank’s loan approximately USD 300 million (9,000 million Baht) to a company that was a non-performing loan of the bank which most unlikely to repay the loan.  This case was accepted by the court and is in the process.

 

These are only some of the lawsuits against Thaksin Shinawatra that have already been to the courts.  There are some more criminal cases against him still under investigation.

 

 

Apart from the corruption and legal sentences, Thaksin has ruined the Thai culture and how people think about public interests and personal interests by planting and proving that the unethical behaviors and corruption, are acceptable if his people are in the power.  Nowadays, many Thais don’t care anymore about what’s right or wrong and what’s good or bad, as long as they too receive the benefits, get promoted, or get money. The politicians and government agencies who are in Thaksin’s camp have turned Thai society into a Shameless Society where Greed and Cheat are seen in everyday political news."

 

Source: https://www.change.org/p/world-policy-institute-do-not-be-a-stage-for-tyrants

 

Now you know why he tried so hard, first to unseat the government through his red and black shirts in 2010, and then using lackeys on his payroll to push the Amnesty Bill.

[gk10002000]

Exactly what type of passports is he trying to get returned?  He was overthrown back in 2006 which was 10 years ago.  Are Thai passports valid longer than 10 years?  Maybe he had some sort of diplomatic passport that was non-expiring, or he just needs them to formally prove some sort of citizenship or something?  How did he leave the country even after he returned after the coup and then shortly left.  Didn't he have a passport then?

[kannot]

2 hours ago, jamesbrock said:

 

Certainly is.

 

This brief reminder is courtesy of a petition to World Policy Institute by Network of Thais Overseas on Change.org:

 

"1.      Human Rights Abusiveness and Extrajudicial Killing of 2,800 people

More than 2,800 citizens, including innocent children, were murdered because of the heavy handed policies of the war on drugs and anti-Muslim policies of Thaksin regime. The details of all these cases are on file with Thailand’s National Human Rights Commission, as have been reported by Shawn Crispin of Asia Times on October 13, 2006. Some of the examples are the killing of a 9-year-old, Nong Fluke, by the Thai police on February 23, 2003, during the war on drugs campaign; the Tak Bai incident on October 25, 2004 where 78 Thai Muslim civilians died from suffocation after being handcuffed and stacked on top of one another for over three hours.

Thaksin also created a Police State in Thailand where the police only caught people who acted against the Shinawatra government.

 

 2.      The Two-Year Prison Conviction

Under Thailand’s Prevention and Suppression of Corruption Act, state officials are prohibited to enter into any type of contracts with any state agency or be a party with any interest in any state agency.  Thaksin, then the Prime Minister of Thailand, signed a consent allowing his wife Pojaman to purchase a land offered for sale by a government agency.   The government agency initially bought this land for USD 90 million (2,749 million Baht) and later reduced the assessment price in order to place it in an auction.  Pojaman won the auction at USD 25 million (772 million Baht).  Eight years later, the land was sold at the price USD 60 million (1,815 million Baht).   The Supreme Court Criminal Section for Political Posts Holders ordered a two-year sentence for Thaksin since he, as a Prime Minister, had committed a transaction against the Prevention and Suppression of Corruption Act.  Thaksin then fled the country, and the court issued arrest warrant to capture him.

 

 3.      The USD 2.5 Billion Lawsuit and Seizure of 1.5 Billion 

This is one of the biggest court cases in Thailand’s history.  While in his power as the Prime Minister, Thaksin and his wife concealed the fact that they had owned 48% of Shin Corporation, a public company that was awarded telecom concession from the state by having other persons including his son, daughters, brother-in-law, secretary and his sister (Yingluck Shinawatra – later the PM of Thailand) as nominees for them.  Thai law and the Prevention and Suppression of Corruption Act prohibit the Cabinet members to hold shares in companies and to be a party to do business with state to avoid conflict of interest. Thaksin owned the shares through his nominees and abused his power to favor Shin Corporation in many ways.  He later sold these shares to a Singaporean company.  The net proceed and the dividends he then received total USD 2.5 Billion (76,000 million Baht).  The prosecutor asked the court to seize all the proceeds and dividends.  The court ordered to seize his money totaled USD 1.5 Billion (46,000 million Baht).     

 

 4.      Tax Evasion

In regards to the selling of Thaksin’s shares in Shin Corp to a Singaporean company as mentioned in the above case, Pojaman, Thaksin’s wife, her brother and her secretary were sentenced by the criminal court for a 3-year jail time each, for not paying tax in the amount of USD 25 million (739 million Baht).  

Later, the appeal court changed the sentence to dismiss Pojaman and her secretary, and reduced the sentence of her brother to one year with parole.

Then, Thaksin’s political party won an election, became a ruling party, and the District Attorney decided not to bring the case to the Supreme Court.

 

5.      Corruption by Changing Telecom Concession

During his power as Prime Minister, Thaksin issued a law to change the concession contract between the state and telecom companies, one of which owned by him and his family, resulted in the state losing income in the amount of USD 2.1 Billion (66,000 million Baht) and more profit to his telecom companies.   The court ordered to pause to case due to the defendant, Thaksin, fleeing from the country.

 

6.      Corruption The Lottery Project

Thaksin, all his cabinet members and affiliates totaling 47 people, including Thailand Lottery Committee Executives, were indicted.  The Criminal Court sentenced the then Deputy Minister of Finance, the Permanent Secretary of Finance Ministry, and Head of Thailand Lottery Office for a two-year jail time with parole.  Since Thaksin had fled the country, the court issued arrest warrant to capture him. 

 

7.      Corruption by Issuing Loan to Myanmar Government to Buy His Telecom Equipment

Thaksin issued a loan in an approximate amount of USD 130 million (4,000 million Baht) through a government bank to Myanmar government, allowing Myanmar government to purchase telecom equipment and satellite from Shin Corporation, a company owned by Thaksin and his family.  The court issued an arrest warrant to capture him. 

 

8.      Concealed or Wrongly Disclosed Assets and Liabilities Accounts

Further from the Shin Corp shareholding nomination case, Thaksin was indicted for concealing assets or wrongly disclosed assets and liabilities total of six times.  The court issued an arrest warrant to capture him. 

 

9.      Corruption by Issuing Loan to NPL company

Thaksin approved a government bank’s loan approximately USD 300 million (9,000 million Baht) to a company that was a non-performing loan of the bank which most unlikely to repay the loan.  This case was accepted by the court and is in the process.

 

These are only some of the lawsuits against Thaksin Shinawatra that have already been to the courts.  There are some more criminal cases against him still under investigation.

 

 

Apart from the corruption and legal sentences, Thaksin has ruined the Thai culture and how people think about public interests and personal interests by planting and proving that the unethical behaviors and corruption, are acceptable if his people are in the power.  Nowadays, many Thais don’t care anymore about what’s right or wrong and what’s good or bad, as long as they too receive the benefits, get promoted, or get money. The politicians and government agencies who are in Thaksin’s camp have turned Thai society into a Shameless Society where Greed and Cheat are seen in everyday political news."

 

Source: https://www.change.org/p/world-policy-institute-do-not-be-a-stage-for-tyrants

Thank  goodness the junta are squeaky clean

[gk10002000]

5 hours ago, billd766 said:

 

Neither do yours.

 

If he is so convinced (as you are) of his innocence and purity of heart why did he not return, firstly from the Beijing Olympics and secondly at any time under the PPP and the PTP governments that he owned? He did not even appeal against the one charge that he was convicted of even though it was a PPP government under his brother in law Somchai Wongsawat.

 

He even tried to get HIS 3rd political party, the PTP under his clone sister to pass legislation at 04.30 to grant him an amnesty which lead to the downfall of the PTP government. Now why would he need an amnesty if he was not guilty?

He did not return because he no doubt was concerned about being tried and convicted in a police state that overthrew him in a military coup, and any sort of proper trial was very unlikely.  I am not backing the man, I am just saying I can understand why he would not return. Frankly I was surprised he made the one visit back after the coup

[webfact]

COURT

Thaksin’s lawsuit over revocation of passports dismissed

KESINEE TANGKHEAW
THE NATION

 

Thaksin

 

BANGKOK: -- THE CENTRAL Administrative Court yesterday rejected former PM Thaksin Shinawatra’s lawsuit against the Foreign Ministry’s Consular Department, saying the termination of the former leader’s passports was within the law.

 

Thaksin's lawyer Wattana Tiangkul, however, said he would appeal the verdict at the Supreme Administrative Court. 

Thaksin had filed a lawsuit against the Foreign Ministry's permanent secretary and director-general of the Department of Consular Affairs last year for their decision to revoke his passports.
 

Full story: http://www.nationmultimedia.com/politics/Thaksins-lawsuit-over-revocation-of-passports-dism-30296364.html

 

-- © Copyright The Nation 2016-09-28

[smedly]

come to Thailand and fight your case lol  

[rixalex]

3 hours ago, gk10002000 said:

He did not return because he no doubt was concerned about being tried and convicted in a police state that overthrew him in a military coup, and any sort of proper trial was very unlikely.  I am not backing the man, I am just saying I can understand why he would not return. Frankly I was surprised he made the one visit back after the coup

By "proper trial" do you mean a trial like the one when Thaksin was cleared of having concealed his assets in spite of significant evidence to the contrary, or a trial like the one when his lawyer presented the court with pastry boxes stuffed with cash?

 

Thaksin has himself interfered and manipulated the Thai justice system in the past when he was able to; one of the drawbacks of having done so is that to now complain about unfairness in the system and use it as an excuse for not returning to fight cases against him, might come across as being a little hypocritical.

[gk10002000]

1 minute ago, rixalex said:

By "proper trial" do you mean a trial like the one when Thaksin was cleared of having concealed his assets in spite of significant evidence to the contrary, or a trial like the one when his lawyer presented the court with pastry boxes stuffed with cash?

 

Thaksin has himself interfered and manipulated the Thai justice system in the past when he was able to; one of the drawbacks of having done so is that to now complain about unfairness in the system and use it as an excuse for not returning to fight cases against him, might come across as being a little hypocritical.

haha.  I don't believe there is any such thing as a proper trial possible in Thailand.  Their culture and understanding and interpretation of Western law is just different.   I was merely pointing out that in the real world and given the state of things at the time, he would have been a fool to return to Thailand.  I don't back his decision, I just understand it

[Saraphee]

10 hours ago, baboon said:

No he isn't. 

What makes you say that?

[rixalex]

4 minutes ago, gk10002000 said:

haha.  I don't believe there is any such thing as a proper trial possible in Thailand.  Their culture and understanding and interpretation of Western law is just different.   I was merely pointing out that in the real world and given the state of things at the time, he would have been a fool to return to Thailand.  I don't back his decision, I just understand it

I don't believe there is any such thing as a proper trial possible in Thailand.

 

So there you go then. Pointless using "lack of a proper trial" as an excuse, since such a thing doesn't exist and never has.

[Tatsujin]

12 hours ago, White Christmas13 said:

So how did he get that one ? I was borne in Germany had to surrender 

my passport when I migrated to Australia (long time ago)

Have only the Aussie one now if I want to move back to Germany 

I have to wait for many years (I think  it is 10 ) to get a 

German passport so how do this people get a citizenship to obtain

a passport   so easy ?

 

Thats where a very big wadge of cash comes in handy and being well known doesn't hurt either.

[Srikcir]

11 hours ago, jamesbrock said:

Thaksin has ruined the Thai culture and how people think about public interests and personal interests by planting and proving that the unethical behaviors and corruption, are acceptable

I think it's more that Thaksin reinforced rather than ruined.

[Eric Loh]

For those wishing him dead and never return, just remember that this is Thailand where wealth and power can move mountains. When the statute of limitation expire for all his cases or if the political power changes or even a good possibility that he may be pardon, he will be back. Seen any Thais permanently exiled?   

[baboon]

2 hours ago, Saraphee said:

What makes you say that?

He isn't being chased or in hiding. 

[AlQaholic]

13 hours ago, White Christmas13 said:

So how did he get that one ? I was borne in Germany had to surrender 

my passport when I migrated to Australia (long time ago)

Have only the Aussie one now if I want to move back to Germany 

I have to wait for many years (I think  it is 10 ) to get a 

German passport so how do this people get a citizenship to obtain

a passport   so easy ?

There are many countries where you can buy a citizenship, just look it up on google....

[dieseldave1951]

13 hours ago, White Christmas13 said:

So how did he get that one ? I was borne in Germany had to surrender 

my passport when I migrated to Australia (long time ago)

Have only the Aussie one now if I want to move back to Germany 

I have to wait for many years (I think  it is 10 ) to get a 

German passport so how do this people get a citizenship to obtain

a passport   so easy ?

MONEY ?????

[scorecard]

12 hours ago, halloween said:

The BP refers to his "two regular Thai passports". Why two?

 

Some countries allow their citizens to hold two passports. 

 

Why? just one reason - Maybe have to submit original passport with some form of application documents which will take some time to process, but need to travel immediately for business etc.

 

For folks who could be in this situation many governments will authorize two separate passports being issued. 

[rixalex]

19 minutes ago, Eric Loh said:

For those wishing him dead and never return, just remember that this is Thailand where wealth and power can move mountains. When the statute of limitation expire for all his cases or if the political power changes or even a good possibility that he may be pardon, he will be back. Seen any Thais permanently exiled?   

What you are saying is that thanks to his wealth and power he may yet have the last laugh thanks either to the statute of limitations expiring or thanks to a pardon, either of which will mean regardless of his guilt or innocence, he won't face trial.

 

How great that would be. Having avoided trial he could then get back to fighting for a fairer society in which the downtrodden poor and the rich elite are equal in the eyes of the law.

[ballpoint]

8 minutes ago, baboon said:

He isn't being chased or in hiding. 

He isn't in Thailand where he wants to be either.  Why should the current junta chase him, or cause him to hide anyway?  He's the perfect bogeyman for them right where he is.  Every so often, his arrogance overcomes him and he funds an uprising or tries to push through an amnesty, giving them the perfect excuse to tighten their hold on power.  And for those who say he's content to wait out the statute of limitations on his list of crimes, thumbing his nose at "the elite", he isn't. The trouble he's put his family and the country through in his desperation to get back firmly puts the lie to that.  He'd do far better to keep out of the limelight, spend some of his money having a good time in the places he's allowed to travel to, and bide his time. He could still have quietly funded a political party, just not made such a noise about pulling the strings and using it to try and push his way back, but his ego wouldn't allow him to do that.  It's been 10 years since he's been "on the lam"; it's my opinion that, had he have done what I said, he would already have been back scot free by now.  And some try to tell us he's smart?

[silent]

12 hours ago, billd766 said:

 

Neither do yours.

 

If he is so convinced (as you are) of his innocence and purity of heart why did he not return, firstly from the Beijing Olympics and secondly at any time under the PPP and the PTP governments that he owned? He did not even appeal against the one charge that he was convicted of even though it was a PPP government under his brother in law Somchai Wongsawat.

 

He even tried to get HIS 3rd political party, the PTP under his clone sister to pass legislation at 04.30 to grant him an amnesty which lead to the downfall of the PTP government. Now why would he need an amnesty if he was not guilty?

Do you think he doesn't think if he returned he.'d probably end up facing a transparent investigation and hang himself? Although many think that would just be something like karma and I know none of us here suffer from infectious greed it's all beginning to be reminiscent of Hillary's remark at the great debate and Donny admitted he could blame her for everything wrong in the great US of A's

[SOTIRIOS]

....duhh...they should tell him to come and make his request in person......

[FritsSikkink]

15 hours ago, Father Fintan Stack said:

 

Other nations believe the charges to be politically motivated, including the one he lives in at the moment, and that's what is important here.

 

You seem to "forget" not a single country will extradite him back to Thailand to face justice because he was removed in a military coup, and other countries regard the junta as illegitimate. 

 

Your obsessive opinions on the man don't matter.

Your ill informed neither

[Eric Loh]

1 hour ago, rixalex said:

What you are saying is that thanks to his wealth and power he may yet have the last laugh thanks either to the statute of limitations expiring or thanks to a pardon, either of which will mean regardless of his guilt or innocence, he won't face trial.

 

How great that would be. Having avoided trial he could then get back to fighting for a fairer society in which the downtrodden poor and the rich elite are equal in the eyes of the law.

 

Just saying that in Thailand the rich and powerful wIll get away with just about any crimes. Political allegiance to existing power is also critical to get you out of jail or case quashed by power leaning corruption agencies. Then there are those who intimidate others who asked too many questions regarding corruption in their own backyard. 

[seajae]

4 hours ago, rixalex said:

By "proper trial" do you mean a trial like the one when Thaksin was cleared of having concealed his assets in spite of significant evidence to the contrary, or a trial like the one when his lawyer presented the court with pastry boxes stuffed with cash?

 

Thaksin has himself interfered and manipulated the Thai justice system in the past when he was able to; one of the drawbacks of having done so is that to now complain about unfairness in the system and use it as an excuse for not returning to fight cases against him, might come across as being a little hypocritical.

are you aware of what  the magistrate concerned said about that, he said he knew he was guilty but because of his govt  position he let him off, he now regrets he did not do the right thing at the time and find him guilty, he was let off purely because of his position in the govt even though he was guilty. Helps when you actually check facts

[The Old Bull]

Thaksin is no more crooked than any other Thai politician just smarter. His biggest crime was to awaken the masses by throwing them a few crumbs instead of taking care of the elites.

[williamgeorgeallen]

15 hours ago, White Christmas13 said:

So how did he get that one ? I was borne in Germany had to surrender 

my passport when I migrated to Australia (long time ago)

Have only the Aussie one now if I want to move back to Germany 

I have to wait for many years (I think  it is 10 ) to get a 

German passport so how do this people get a citizenship to obtain

a passport   so easy ?

with the right amount of money i am sure some one in the passport office would make you up a new one. it is just a matter of cost. wonder if he still hold his police rank. remember the current 'government' was having a hard time taking it off him.

[rixalex]

10 minutes ago, seajae said:

are you aware of what  the magistrate concerned said about that, he said he knew he was guilty but because of his govt  position he let him off, he now regrets he did not do the right thing at the time and find him guilty, he was let off purely because of his position in the govt even though he was guilty. Helps when you actually check facts

I was aware that the judges voted 8-7 in Thaksin's favour and that some later admitted that they felt pressured into voting a certain way. What facts do i need to check?

Edited September 28, 2016 by rixalex

[ianf]

James Brock has posted the complete answer to anyone who says that Thaksin is  'victim' of a coup. He was removed because of the enormous damage he was doing to this country. It was a timely removal because we have seen in many cases across the world how power corrupts and how absolute power corrupts even more. He was moving autocratically towards absolute power. Certainly not a democrat. It beggars belief that people on this forum thinks he's been hard done by. The USA continue to back him because it suits their interests in SE Asia. This has become more transparent as the present (undemocratic) regime faces towards China.