Integrity Legal

Archive for the ‘Extradition’ Category

23rd June 2010

On this blog we often discuss issues associated with US passports and US Immigration. Recently, this author discovered that the Department of State (DOS) is seeking comments regarding a proposed rule change which would alter the way in which DOS collects information prior to American passport issuance. The following excerpts are taken from the American Immigration Lawyers Association (AILA) website. To quote one page from the AILA website:

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995….

Abstract of proposed collection:

The information collected on the DS-3053 is used to facilitate the issuance of passports to U.S. citizens and nationals under the age of 16. The primary purpose of soliciting the information is to ensure that both parents and/or all guardians consent to the issuance of a passport to a minor under age 16, except where one parent has sole custody or there are exigent or special family circumstances.

Methodology:

Passport Services collects information from U.S. citizens and non- citizen nationals when they complete and submit the Statement of Consent or Special Circumstances: Issuance of a Passport to a Minor under Age 16. Passport applicants can either download the DS-3053 from the Internet or obtain one from an Acceptance Facility/Passport Agency. The form must be completed, signed, and submitted along with the applicant’s DS-11, Application for a U.S. Passport…

Clearly the Department of State wishes to use the DS-3053 in order to collect what they deem to be the necessary information before issuing a passport to a minor child. The public policy reasons for this change of rules is somewhat obvious as the Department is likely concerned about improper issuance of a US passport to minor.

To quote another page on the AILA website:

60-Day Notice of Proposed Information Collection: Form DS-5504, Application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement, OMB Control Number 1405-0160…

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995…

We are soliciting public comments to permit the Department to:

Evaluate whether the proposed information collection is necessary for the proper performance of our functions…

The information collected on the DS-5504 is used to facilitate the re-issuance of passports to U.S. citizens and nationals when (a) the passport holder’s name has changed within the first year of the issuance of the passport; (b) the passport holder needs correction of descriptive information on the data page of the passport; or (c) the passport holder wishes to obtain a fully valid passport after obtaining a full-fee passport with a limited validity of two years or less. The primary purpose of soliciting the information is to establish citizenship, identity, and entitlement of the applicant to the U.S. passport or related service, and to properly administer and enforce the laws pertaining to the issuance thereof…

In this instance, it would seem that the Department of State is primarily concerned with collecting necessary data so as to issue US passports only to those individuals who are legally entitled to such travel documents. US Citizenship has many benefits that are not accorded to Non-US Citizens. Therefore, those issuing US passports must take appropriate measures to ensure that US passports are not issued to individuals who are not legally entitled to such status. With laws such as the Child Citizenship Act, these measures are likely to become more necessary as individuals are deriving their US Citizenship in different way compared to Americans in previous generations.

For those interested in obtaining a US Passport in Thailand or information about visa services please see: American Citizen Services or US Embassy Thailand.

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22nd June 2010

In the relatively recent past, there were some who felt that Thailand was something of a “safe haven” for those with a criminal record or a criminal warrant issued outside of the Kingdom. However, in recent years, this appellation would seem to be increasingly misapplied as Thai authorities take evermore stringent measures against criminals from other jurisdictions. For example, Pattaya One News recently reported the arrest of a Belgian National for falsification of official documents. The following is a direct quote from that story:

On Tuesday afternoon at the Chonburi Immigration Office located in Soi 5 off Jomtien Beach Road, Police Lieutenant Colonel Prapansuk, the Deputy Superintendant of Chonburi Immigration, held a press conference to announce the arrest of a Belgian man wanted by the Belgian Authorities. Mr. Justin Andre Cornelius Van Den Bussche aged 38, a part-owner of a bar here in Pattaya and a resident of 3 years, was arrested at his house within the Sabai Jai Village in Central Pattaya. According to information received by the Belgian Embassy in Bangkok, Mr. Van Den Bussche was recently sentenced to 1 year in prison by a Belgian Court in relation to a case involving the falsifying of official documents. He was able to flee to Thailand and Immigration Police were informed that his Belgian passport was going to be cancelled on 15th June. On 15th he was arrested and charged with not possessing a valid passport and will be deported to Belgium where authorities will be waiting for him.

Thai authorities in Pattaya are not the only law enforcement agents in Thailand who appear to be taking a firm line against foreign nationals committing crimes in Thailand. The following is a quote from the Pattaya Today blog:

An American man was arrested and alleged to have committed paedophilia, or having engaged in sex, with an underage child in this northern Thai province, according to provincial tourist police. Police found evidence that the man identified as Wilbert Willis Holley, 72, had sexually abused a ten-year-old female student at a local school in Chiang Mai’s provincial seat. The girl told officials that she had been sexually molested several times by Mr Holley at a local guesthouse. The suspect however denied the charge but the investigators are confidence that they have strong evidence to take legal action against him. Police brought Mr Holley to search his residence in order to find whether or not there was further evidence for human trafficking or any other offences.

Those who believe that Thailand is a “safe haven” for criminal elements would be wise to note Royal Thai Immigration’s recent efforts to integrate their database with that of the United States and other international criminal and terrorism databases. This would seem to indicate strong resolve on the part of the Thai government to both prosecute and/or commence extradition proceeding against foreign and domestic criminals in Thailand.

For related reading on arrest warrants and criminal matters please see: warrant for my arrest or American attorney.

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10th May 2010

In a recent posting on the popular website Thaivisa.com it was noted that the United States of America has honored an extradition request from Thai authorities that a suspect in a “drug gang” be extradited to the Kingdom of Thailand. The following is quoted from ThaiVisa.com:

BANGKOK: — Suwit “Cheng” Prasoprat, a member of the China-based “14K” drug gang, was handed over to Thai authorities on Sunday, nine years after a request for his extradition was filed, deputy attorney-general Thavorn Panichpan said yesterday.

Thavorn said members of the drug gang fled overseas after police investigators filed a case in February 2001 against Thaveewit Krairattanareuk, 46, plus Suwit and four others for having 3.6 tonnes of heroin destined for the US, and the attorney-general agreed to prosecute the gang.

Once it was discovered that Suwit was lying low in the US, Thai authorities filed an extradition request in March 2001, which was approved by an American court. However, Suwit appealed against the extradition in 2002, and though the Appeal Court upheld the lower court ruling, he appealed again to the Supreme Court. On April 19 this year, the US authorities notified Thailand that the extradition request had finally been approved and Suwit arrived in Bangkok on Sunday.

Lawyer Rewat Chanprasert said they previously extradited Boonsong Mekpongsathorn, 60, another suspect in the same case who also fled to the US.

Boonsong had been given the death sentence by the Thon Buri Criminal Court in January 2005, and the case was now with the Appeal Court. Thaveewit and another suspect, Komsak Kornjamrassakul, 50, were given life sentences in June 2001 and are now appealing their jail terms.

Narcotics Suppression Bureau chief Pol Lt-General Adithep Panjamanont said court permission would be sought to detain Suwit for a week pending further investigation, before the case was handed to prosecutors. He said the case stemmed from an arrest in 1998 over the possession of 126 kg of heroin on its way to the United States.

Police inquiries showed that Suwit, a Thai man with two nationalities and an address in the US, plus accomplices in China and Hong Kong known as the 14K gang, had carried out criminal activities in Thailand including arms deals, human trafficking and drug dealing.

Thai and US authorities worked together on the case until they had enough evidence for arrest warrants for Suwit and Boonsong in 2001, he said.

Adithep added that the police would extend the investigation to cover money-laundering and other criminal charges on Thai soil against Suwit, his accomplices and the 14K gang.

It was also reported that there are two other suspects in the same case – Suchat Rakraeng, who remains at large, and Kriengkrai Diewtrakul, who is in a Chiang Rai prison for another crime.

In an increasingly “globalized” world, cross-jurisdictional cooperation is becoming evermore commonplace. In the scenario described above, it is interesting to note that the subject is being extradited back to Thailand. There are some who speculate that as Thai authorities connect their computer systems to international warrant databases an increased number of foreign nationals residing in Thailand will be extradited to foreign jurisdictions as a result of increasing requests for extradition. Whether or not this will actually occur remains to be seen, but it is interesting to note the increasing trend of intergovernmental cooperation on an international level.

It should be noted that Royal Thai Immigration Police have begun integrating their system with warrant and criminal databases around the world. Therefore, there is reason to believe that this inter-connectivity could have a dramatic impact of Thai visa issuance and Immigration procedures in the future.

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