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Political Asylum for Thaksin?


English_Bob
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As mentioned earlier, Rule of Law does exists in the UK and eventually it will catch up with the Thaksins (China may be a better safe haven option in the long term). Now IF the Thai govt requests extradition of the Thaksins then it most likelyl take some time based on past extradition cases. However, the following makes for an interesting scenario suggesting that the Thaksins may have a difficult time being granted bail at first hearing;

WHAT WILL HAPPEN IN ENGLAND AFTER AN EXTRADITION REQUEST?

Reader Anthony Pearson sent a possible scenario: Once a foreign government issues an extradition warrant for a fugitive in the UK, British police become duty-bound to detain the accused. Suspects then appear before at Bow Street Court in London, where the magistrate really only has one decide whether to grant or deny bail to the suspects. The extradition request would rarely be decided by the magistrate, as cases are usually go to the Crown Court.

Pearson raised an interest-ing question: "One important point is the suspects have already jumped bail in Thailand, so where does that leave their counsels when arguing for bail elsewhere?"

http://www.nationmultimedia.com/2008/08/22/politics/politics_30081193.php

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I am surprised by the timing of this confirmation by the Home Office, perhaps related to a UK Sunday papers queries after the sale of Man City.

The timing of the confirmation certainly helps the PAD. I must confess surprise that the Thaksins lodged their application upon arrival as this could have been done at a later date with some prior notice (as required by UK law). The effect of which would delay the application timeline in order to extend their stay in the UK (If you assume that any final determination will reject their asylum claim).

Thaksin, Potjaman apply for political asylum in UK BANGKOK POST AND AFP 07/10/08

Ousted prime minister Thaksin Shinawatra has applied for political asylum in Britain where he has spent most of his time since he was forced out of office two years ago, officials in London said yesterday. The Home Office said Mr Thaksin applied for asylum when he flew into Britain in early August, breaking his bail conditions in a graft case in Thailand. ''He applied for asylum pretty much when he landed ... and so did his wife,'' a spokesman said. But the Home Office said it could give no further information on the progress of the applications because it does not comment on individual cases.

The Supreme Court issued a fourth arrest warrant for Mr Thaksin on Sept 26 when he failed to appear. His wife, Khunying Potjaman, has been convicted on tax evasion charges, adding to the legal cases piling up against the couple since Mr Thaksin was toppled.

Sirisak Tiyapan, chief prosecutor for foreign affairs of the Office of the Attorney-General (OAG), said even if the couple were granted asylum by the British government, the Thai government would continue to ask the British government to extradite them to Thailand if they were convicted by a Thai criminal court.

Nevertheless, Mr Sirisak admitted the extradition process could be more complicated if the British government allowed the couple to live in exile because when seeking their extradition, the OAG would then have to prove to the British government that the conviction against the couple was not politically motivated.

Prime Minister Somchai Wongsawat has confirmed efforts to bring Mr Thaksin and his wife back are ongoing. The prime minister's wife, Yaowapa, is Mr Thaksin's younger sister. Mr Somchai said he had instructed his secretary-general to look into the possibilities of revoking Mr Thaksin's diplomatic passport. The Foreign Affairs Ministry previously referred the proposed revocation of the passport to Mr Somchai for a decision

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Perhaps giving up the diplomatic passport to strengthen the weak asylum claim?

Thaksin to surrender diplomatic passport PRADIT RUANGDIT 13/10/10

Former prime minister Thaksin Shinawatra has decided to return his diplomatic passport to the Foreign Ministry to ease the pressure on his brother-in-law, Prime Minister Somchai Wongsawat, a source close to him said yesterday. Mr Thaksin had already informed his brother-in-law of his decision, but has not set a date for the return of the passport, according to the source.

One possible date would be Oct 21, as the Supreme Court's Criminal Division for Holders of Political Positions will hand down a verdict on the Ratchadaphisek land case in which Mr Thaksin and his wife, Khunying Potjaman, are defendants, the source added. Mr Thaksin and his wife are seeking political asylum in Britain. The two and their children have been living in self-exile in London since fleeing Thailand in August. They both jumped bail and warrants for their arrest have been issued

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