Thailand Business News has today reported that Thailand’s Department Ministry of Justice Corrections has announced that it will end shackling inmates with iron chains and bars at Bang Kwang Central Prison the maximum security prison located in Nonthaburi. Bang Kwang Central is a high security prison for men.

Inmates at Bang Kwang Central Prison have been shackled for more than a century.

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Chains which up to now were used for prisoners on remand, or those charged or convicted with serious offences sentenced to life imprisonment.  All those sentenced to death are shackled until execution.The leg irons reportedly weigh from 3kg to 15kg. Human rights groups have long spoken out protesting about the practice, arguing that it violates Article 31 of Thailand’s Constitution, which cites that “torture or any kind of inhumane punishment is prohibited.”

Under the pilot project, 563 out of 800 prisoners at the prison have had the shackles removed from their ankles since January.

Amnesty International Thailand, an international rights group, has spoken out in support of the move, adding that it represents a start in conforming with international human rights standards. The group have also called for the government to end the death sentence.

Prisoners will continue to be shackled when appearing before courts for security reasons.

Infowars has today printed an interesting article, suggesting that the real motive behind Angelina Jolie’s decision to have a double breast mastectomy was financially motivated.

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Chaninat and Leeds specializes in patent law in Thailand

Ms Jolie, 37 year old mother to six, revealed yesterday her decision to have a double mastectomy upon discovering she carried the BRCA1 gene explaining doctors had told her she had an 87% risk of breast cancer and a 50% risk of ovarian cancer. The actress began undergoing treatment in February 2013, and Infowars is questioning her timing to give an interview about the process now, in light of the forthcoming U.S. Supreme Court judgement on the viability of the BRCA1 patent. They explain that Myriad Genetics (MYGN) holds the patent on the test that determines the percentage possibility of an individual, as well as the genes themselves and argue if the Supreme Court finds in favour of them, then this industry will turn into a “trillion-dollar industry over just the next few years”.

 Read the full article here

A group of summer unpaid interns looking to pursue a class action against Hearst Corp have been told by a New York Judge that as they do not meet the legal definition of “class action” and that they can only sue for back pay as individuals reports ABC News.

The interns claim that they undertook the same level of work as a full time employee.

This is a particularly topical issue as it comes when thousands of American students are seeking summer internships.

Suing as an individual makes the value of each claim approximately a few thousand dollars meaning lawyers are more unlikely to agree to take the cases on.

Thailand introduced a minimum wage of 300 baht (10 USD at May 2013 exchange rate) daily rate in January 2013. The scheme had been piloted in seven provinces since May 2012. Prior to the increase, minimum wages differed from 159 baht in northern Phayao province to 221 baht in Phuket.

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Chaninat and Leeds specializes in business and labor law in Thailand

 The policy is largely popular amongst Thailand’s workers, yet corporations and government departments are still expressing concern about the policy’s potential impact on employment and Thailand’s general economy.

 Prasan Trairatborakul, governor of the Bank of Thailand (BOT), expressed concerns towards the end of last year on the impact that the minimum wage could have on various companies. He predicted some companies maybe forced to shut down their operations because of higher labor, or that it could trigger Thai businesses to employ greater numbers of informal labor migrant workers from Thailand’s neighbors, particularly Cambodia, where daily minimum wage is $2.03.

But in such a diverse continent, not all countries will be able to make a similar commitment, especially places like Burma, Cambodia and Laos who generally have lower incomes.

The minimum wage bill 2013 was approved by the government in Burma in March 2013. The proposed general minimum wage has not yet been released, save that public employees are paid a minimum of MMK 50,000 (US$56.8) per month, whilst day laborers are expected to receive at least MMK 2000 (US$2.3) per day of work.

This article is demonstrative that issues of unpaid wages and minimum wages remain a present day worldwide concern.

An alarming report by the Courthouse News Service has told how a pregnant Texan mother has been charged with a misdemeanor after advertising her son for sale on Craigslist, with the advert:  “I’m a single mom and can’t do this. Thanks, Desperate.”

Chaninat and Leeds specializes in international adoption cases in Thailand

Twenty nine year old Stephanie Reddus has been charged with advertising for the placement of a child, and told police when she was arrested that she was depressed and desperate. Reddus ordinarily controls her depression through medication, but is presently unable to take her anxiety medication as she is pregnant.

International adoptions in Thailand of orphans are controlled by the Thai government adoption agency and are heavily regulated.   Private adoptions of non orphans between Thai nationals (usually relatives), are governed by Thai domestic law.  The process of adopting children in Thailand varies, depending on the nationality of the adoptive parents as well as the age and needs requirements of the child.  The Thai government is very protective of Thai orphans and the adoption process reflects the government’s efforts to ensure orphans are adopted by qualified parents.The process requires coordination between the social services agencies of Thailand and the prospective adoptive parents home country social service departments and includes polices checks and home studies.

In the meantime Reddus is due to appear in Court again on May 21.

Related Law: Thailand’s Child Adoption Act

Related Articles: Supreme Court to Hear Native American Adoption Case

KTNV reports that lifestyle clauses are increasing in popularity in prenuptial agreements. Whilst conventional prenuptial agreements set out financial arrangements in the event of a break up, lifestyle clauses set out parameters of acceptable behaviour complete with fines for any breach of the same.

KTNV provides an exmaple of how such a clause may operate: the wife is a music fan, but the husband is not: she may only play the piano when he is out of the house. Another extreme example is a husband sets a weight limit for his wife, and if she becomes heavier than preferable to him, he fines her.

The legality of these agreements is of course questionable and is likely to depend on the relationship status: they will be far harder for a couple who are dating to enforce as oppose to a couple who are married.

Lifestyle clauses in Thai prenuptial agreements would be highly unusual. Thai prenuptial agreements are generally controlled by Thailand civil and commercial code sections 1465-1493. They need to be in writing on the same date of marriage registration, or it has to be a written agreement signed by both parties, with two witnesses and lastly the agreement should be attached with the marriage certificate where the marriage is registered.

The fact they must be registered at time of marriage means they are vetted by government officials and limits the remit of the agreement to dealing solely with the couples assets and management of personal and matrimonial property. In fact section 1465 of the Civil Code specifically states, “any clause in the prenuptial agreement contrary to public order or good morals, or stating that the relations between them as regards such assets are to be governed by foreign law shall be void”.

Related Articles:

Thailand Divorce Law: Financial Considerations

Related Law:

The Prenuptial Agreement Code of Thailand

The Washington Post has reported that 72 year old abortion doctor Kermit Gosnell was convicted on Monday of three counts of first-degree murder for severing the spinal cords of infants born alive during illegal late term abortions at his West Philadelphia clinic. He was acquitted on a forth count of murder.

Gosnell will now be sentenced. The main decision to determine is whether he should receive the death penalty or face life imprisonment. It is understood that Prosecutors will be seeking the death penalty.

The Gosnell verdict arrives at a poignant time for Thailand. There has been a long running debate throughout Thailand about the legality and morality of abortion since the discovery of 2000 fetuses in the grounds of a Bangkok Buddhist temple in late 2010 as reported by the New York Times. The admission by one of the temples undertakers that he had been secretly storing the fetuses in the crematorium vaults when the furnace broke caused shock and dismay across Thailand. Some point out that abortion should be legal and there are many reasons behind unwanted pregnancies. Others however remain firm, arguing that abortion remains a serious sin, akin to murder.

Regardless of the strong views of the public both for and against, abortion remains illegal in Thailand in accordance with sections 301-305 of the Thai Penal Code, unless the pregnancy is a result of rape or incest or will endanger the life of the mother. Performing an illegal abortion can lead to a sentence of five years imprisonment, a fine of 10,000 baht (about USD 336 as of May 2013 exchange rate) or both, whilst a woman who undergoes an abortion is liable for three years imprisonment, a fine of 6,000 baht (about USD 222) or both.

Thailand Criminal Lawyer:

Chaninat & Leeds a Thailand law firm with Thai and US attorneys specializing in criminal defense case throughout Thailand.

There have been a number of important human rights decisions recently:

Boyer v. Louisiana

On April 29, the Supreme Court denied Boyer’s appeal following his submission that Louisiana’s failure to provide funds for his court-appointed attorney for over seven years breached his constitutional right to a speedy trial. Boyer claims amongst other arguments, that the delay of seven years has prejudiced his defense by causing him to suffer from mental deterioration and to encounter a loss of witnesses, including one who he argues had identified two other individuals as the killers

The Supreme Court in a 5-4 decision dismissed Boyer’s appeal as “improvidently granted,” i.e., that the Supreme Court had been mistaken to initially grant a review of the issue. This is a rare finding, but the Court held that the delay was not caused by a lack of state funding, as wrongly concluded by the state court, but rather the defense had caused any delay, thus negating the need to decide the speedy trial issue

Read the full article here

Supreme Court backs Monsanto

The Supreme Court has ruled that farmers must pay Monsanto each time they plant the company’s genetically modified soybeans,and was not persuaded by an Indiana farmer’s argument that his techniques did not violate the company’s patent. Farmer Hugh Vernon Bowman believes that because herbicide-resistent Roundup Ready soybeans replicate themselves he was not breaching any patent, but the Supreme Court disagreed, ruling there is “there is no such seeds are special exception”.

Although the subject topic of this particular case was seeds, the judgement does of course have wider implications in the field of patent property.

Read the full article here

Texas House Passes Drone Surveillance Protection Bill

The Texas State House of Representatives has voted 128-11 to pass House Bill 912,  which would criminalize unmanned aerial surveillance by UAV’s, also known as drones, without a property owner’s knowledge.

The crime would be deemed a class C misdemeanor, so anyone found guilty would be punishable by a $500 fine.

Read the full article here

Relevant video:

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Chaninat and Leeds specializes in international criminal cases in Thailand

According to a recent article in the Daily Mail, couples investing in a large and festive marital ceremony, might be creating fertile ground for their own future divorce. According to the Daily Mail, 8 in 10 couples who divorce within five years cite high wedding costs and young newly-weds regularly spend over £30,000 (46,000 USD or 1,350,000 baht) on the wedding ceremony. However, British actress, Keira Knightley may be setting a trend by having a more modest ceremony. Keira abandoned the limo, big dress and expensive cake and actually got married at a City Hall.

The financial and legal implication of marriage and divorce are also apparent amongst senior couples. Many seniors, due to excessive health care costs in the US, need to qualify for some public assistance. According to the NJ.com, New Jersey law allows couples to divorce (even if they are still happily married)and transfer community assets of the marriage to the other spouse in order to meet the financial requirements of Medicaid.

As Thailand attorneys assisting foreigners in marriage and Thailand divorce, we have witnessed both ends of the spectrum: from privileged clients investing in the most extravagant of affairs, with private islands replete with a fleet of longtail boats being sequestered for the wedding, to clients who have been through the most violent of divorces, where financial motivations have made the Thailand divorce turned deadly. Regardless of your personal situation, it is clear that the financial implications of either getting married or divorced are something that need to be given serious consideration.

Related Documents:
Marriage and Divorce in Thailand: When Love Turns Deadly
www.thailawforum.com/database1/divorce-law-thailand.html

Mule¹ someone who smuggles something across a national border, employed to lower the risk of those higher up the food chain being caught.

It has been estimated² that the world’s illegal drugs trade is worth at least as much as the individual oil, gas or world tourism industries. Thailand’s neighbour, Burma, is the world’s second largest opium manufacturer³ and is also a major methamphetamine focal point, making the Land of Smiles desirable as a transport point for drug dealers and traffickers.

As of February 1, 2013, there were 257,323 prisoners in Bangkok. Despite wide publicity of the lengthy sentences, the number of inmates held on narcotic-related offences continues to rise: in 2010 the figure was an incredible 116,323, compared to 102,727 in 2008⁴ . In 2009, there were 7,258 foreigners in the Thai legal system – of those, almost 61% were imprisoned for narcotic charges.

If a person is found guilty of drug trafficking in Thailand, the starting sentence is clear: death.

Drug Mules

It is easy to have little sympathy for people who commit such crimes in full knowledge of what they are doing and the penalties awaiting them if caught. Sandra Gregory was an English teacher who agreed to carry 89 grams of heroin on a flight from Bangkok to Tokyo in 1993, on behalf of a man she barely knew. Alexander “Shani” Krebs, a South African man, agreed to carry a Nigerian’s backpack (full of heroin) into South Africa when his own bag was stolen. Andrew Hoods, an unemployed 36-year-old Australian, fully accepts that he attempted to smuggle 12 bags of heroin with an estimated street value of 12 million baht for “money, (I did it) only for the money.”⁵

But what of the people who have been “tricked” into acting as mules?

In 1990, Karyn Smith accepted a free holiday to Thailand from her friend, Patricia Cahill’s boyfriend. Both were arrested atBangkok’s Don Muang airport on their way home, carrying what was at the time, one of the world’s largest heroin hauls. Both maintained innocence of an attempt to traffic drugs, although Cahill later revealed awareness that she was carrying “something⁶ .”

Similarly, 30-year-old Patricia Hussain was arrested in Thailand in 1993 for carrying £2 million worth of heroin in her suitcase. Her original life sentence was reduced to ten years after she testified against other drug dealers. As a prostitute with a criminal record listing theft and fraud offences, Hussein attracted very little sympathy from the general public. While she admitted to trafficking heroin, she still maintains her position that she was tricked by her Nigerian boyfriend and had no knowledge of what was in her case.

The long sentences given to convicted drug mules are widely publicized, hence, it is surprising that people are still able to be duped, but they are. Google the words “drugs” and “Thailand” and the first site that appears comes with a cautionary message: “Drugs in Thailand – don’t do it”. So why, in this day and age of social media and general awareness, do people still take the risk?

Sophisticated Trickery

The trickery is changing: becoming more sophisticated, more conniving.

The widely reported recent imprisonment of South African drug mule Nolubabalo “Babsie” Nobanbanda, sentenced to 15 years and a fine of R250,000 (B814,005), is illustrative of just that.

Very few may initially have compassion for a girl who was caught attempting to smuggle 1.5 kg of cocaine in fake dreadlocks, but the background behind her sad tale may sound all too familiar to other mules. Indeed, the 23-year-old describes herself as a victim rather than a trafficker.

Babsie was approached by a family friend she had grown up with, a man named Sulezo Rwanqa. Sulezo told Babsie about a lucrative business opportunity in Brazil, selling hair chemicals across South   Africa for a Sulezo’s colleague. While she expressed concern about travelling alone and never having made the acquaintance of Sulezo’s colleague,. the opportunity of travelling and making some money was enough incentive for Babsie. The fact that her flight was paid for did not set any alarm bells ringing – why would it? Sulezo was a trusted family friend.

Only in Brazil did Babsie learn the real reason for the trip, which Sulezo had allegedly been aware of from the outset. She says it was then that she was told her life would be under threat if she did not agree to be a mule

With shades of Sandra Gregory, it would appear that the Immigration Bureau had been tipped off about Babsie: they were ready for her arrival. Once more, Babsie became another sad tale of a tricked mule used as a decoy to allow the real mule through. She was to be paid only R16 000 (B52,127) for the job – a fraction of the fine she received on top of her long prison sentence.

It seems all too common to dupe drug mules into carrying a small amount of drugs across a border, and tip off authorities in order to create a distraction enabling the “proper” mule to proceed undetected.

Trickery can manifest itself in different forms. The deception of mules can vary from the very fact they are carrying drugs, to the sentences and lack of support they will receive if caught. By way of illustration, the sophistication heightens: in December 2012, it was reported⁷ that eight people, including two customs officers and a quarantine officer said to be the ringleaders, were arrested for corruption and drug-related charges after operating a drug trafficking gang between Thailand and Australia. It is alleged⁸ that the customs officers were walking drug mules through security, the trickery being the assurance given to the used mules that it was therefore safe and they would not get caught.

Following a two-year investigation into the Australian Customs and Border Protection Service, this has been reported as one of Australia’s most serious allegations of corruption. A new Customs Reform Board is now in the process of being implemented to look into how such corruption in the Australian customs service was possible, and the shortfalls in airport and customs security at Sydney.

Tricked or Manipulated?

The word “tricked” can alternatively be substituted with the word “manipulated.” When one studies the profile of drug mules, a pattern of vulnerable and naïve personalities becomes apparent, suggesting such susceptible individuals are deliberately selected. The primary focus is on recruiting women as mules as they tend to be more pliable, often being the primary caregiver at home. However, it is not always so black and white:  some men are also as equally impressionable.

Michael Connell, 27, from Bury, United Kingdom, was sentenced to 99 years imprisonment to be served in the notorious Bangkok Hilton, nicknamed after the fictional Australian TV series from the late 1980s of the same name, when he was caught attempting to smuggle thousands of ecstasy pills through Suvanbhumi airport in 2003. His sentence was initially reduced to 30 years and then again to 20 years on appeal. In January 2012, he was permitted to serve the remaining twelve years of his sentence in Britain and will be eligible for parole after six years has passed.

His family explained that while he may not have been tricked into acting as a mule, his learning difficulties coupled with the added pressure of paying off a loan at such a young age, made him easy prey for dealers.

Let’s pause and again look at Sandra Gregrory’s case, reminding ourselves that at the time of her decision-making, she was suffering from dengue fever and dysentery, and was desperate for money to fly home for medical treatment. While Gregory accepts full responsibility for her actions⁹ , if she had been in full health and still working, would she have made the same decision? Or did her poor health make her open to manipulation and thus more amenable to Robert Lock’s proposal?

If Alexander “Shani” Krebs wasn’t recuperating in Thailand from a broken engagement and hadn’t lost his luggage, would he still have been asked by the Nigerian gentlemen to carry his bag, or did his apparent vulnerability leave him open to exploitation as a mule?

Thai Nationals as Drug Mules

The focus of this article thus far has been on foreigners as drug mules, but the United Nations Office on Drugs and Crime reports¹⁰ that the latest set of trickery in fact involves Thai women. The women are being lured into marriage with African men and then being forced to work as drug mules for African gangs.

It is alleged¹¹ that the gangs prey on poor women by opening bars or restaurants in provinces for the simple purpose of meeting Thai women. They quickly marry them, take them home to Africa and spoil them with the promise of a wealthy and comfortable life. The women are encouraged to return to Thailand on their own to visit family, and at the last minute are provided with extra bags to carry. The rest is simple: if the women proceeds through customs undetected in Thailand, the men meet them to retrieve the bags; if they are caught, the women never see their husbands again.

This twist was exposed following the arrest of three Thai women who were found carrying suitcases containing cocaine, heroin and methamphetamines from West Africa into Thailand. All three women had recently married African men and claimed the men asked them to carry the drugs into the country. The women allegedly  were unaware they were even carrying drugs.

The trickery still continues to evolve with females now preying on the victims, building up a relationship of trust, much like in the case of Babsie.

In 2009, two Thai women were arrested. It was reported¹² they tricked many other Thai woman into acting as mules and trafficking drugs across international borders. The majority of the mules came to Bangkok from the Northeast in search of employment  The information came to light as the Chinese and Indian consulates reported to the Foreign Ministry that 58 women were arrested in China the previous year and 10 in India.

In 2012, however, 109 Thai women were arrested attempting to smuggle drugs, predominantly cocaine, into Thailand, showing this new deceit is still not foolproof. It is reported¹³ all of the women are telling police they were forced to be drug mules by their foreign husbands.

Not all are so sympathetic to drug mules, however; one piece of food for thought is that pleading being duped or forced by a foreign husband is an easy hand to play for mules caught in the act, and that the mules enter into the situation with their eyes wide open

Regardless, the statistics presented at the start of this article speak for themselves. It is apparent that even the harsh sentences handed down by Thai’s legal system are not enough to dissuade those desperate enough to risk all for paltry sums of money. It is clear the present system is not acting as a deterrent.

The Royal Thai police are working in conjunction with the Ministry of Foreign Affairs to combat this latest line of trickery. Families of mules are urging the authorities to start tracking those higher up the food chain, and indeed it seems the authorities are listening. In July 2012, two of the men who allegedly formed part of the gang who recruited Babsie were arrested in Port Elizabeth, South Africa, following a three-month investigation.

Conclusion

Presumably, more and more arrests will follow. The message from Thai authorities remains just as clear: you traffic at your peril and the penalties are severe, irrespective of your personal circumstances. This is echoed by the Foreign and Commonwealth Office which states, “Don’t become involved with drugs of any kind. Possession of even a small amount can lead to imprisonment…if you are found guilty of being in possession of 20 grams of a Class A drug at a point of exit from Thailand you will probably be sentenced to death¹⁴

^[a2]   Meanwhile, as one mule is locked up, it is likely another has already been tricked in some shape, way or manner into acting as a replacement. Drug mules are after all only a means to an end. For the big guns, it is business as usual. The old saying is still valid: “if it seems too good to be true, it probably is.

In a startling decision, the US Supreme Court has severely limited the actions that may be brought under the Alien Tort Statute, according to Forbes magazine.    The Alien Tort Law Statute allowed foreign nationals to US Courts to claim for damages against American companies that have committed human rights violations abroad.

In recent history the Act has been used against UNOCAL for human rights claims concerning the building of the oil pipeline in Burma.

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The case before the Court was Kiobel v. Royal Dutch Petroleum,  and involved Twelve Nigerian plaintiffs who  accused three oil companies – incorporated in the Netherlands, Britain, and Nigeria – of providing resources to the Nigerian government to torture, murder, and conduct other human rights violations.  All of the alleged participants and their alleged wrong act  were based outside of America’s borders.

The majority of the Supreme Court  concluded, “there is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.”  In applying this legal standard to the facts of the case, the Court concluded that“all the relevant conduct took place outside the United States.  And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application.”