On
January 10, 1995, US authorities requested the extradition
of Chao Fu-Sheng. Although Chao agreed to the US request
for extradition, and formally requested his own extradition,
on January 17, 1995 the Thai Cabinet passed a resolution
that allowed the Thai courts to consider the US request
for Chao's extradition.
The
extradition of Chao Fu-Sheng was opposed by Minister
of Parliament Piyanat Watcharaporn, who argued that
the matter should be handled internally for the sake
of the dignity of the country. However, pursuant to
Article 15 of the 1983 Thai-US extradition treaty, a
request such as Chao's for voluntary extradition precluded
the need for legal procedure.(17)
Furthermore, the Foreign Minister, and the Attorney
General, arguing in favor of Chao's extradition, stated
that the extradition of Thanong Siripreechapong, who
was himself a former Chart Thai Member of Parliament,
had already set precedent in this matter.(18)
Ultimately, on April 9, 1996, the Thai Cabinet approved
the extradition of Chao Fu-Sheng to stand trial in the
US.
More
recently, Li Yun-Chung, accused of involvement in the
biggest heroin shipment in United States history, involving
some 486 kilograms,(19)
was arrested in Thailand on July 23, 1996, and then
detained in a Bangkok special prison until being released
on bail on February 7, 1997.(20)
Li, who was fighting his extradition to the United States,
fled after his release from custody, and was believed
to have entered Burma. This situation resulted in the
United States Embassy lodging objections to Li's release
with Thai authorities.(21)
The
decision by the judge, former Deputy Chief Justice,
Somchai Udomwang, to release Li on bail led to protests
from the US government, and to allegations of corruption
within the Thai Judiciary.(22)
Somchai Udomwang later faced an investigation and disciplinary
action by the Thailand Ministry of Justice based on
his decision to grant Li bail.(23)
After his recapture, Li Yun-Chung alleged that he had
paid bribes in order to secure bail, and now feared
for his life.(24) Then,
in a turnabout from his earlier position, Li voluntarily
requested his immediate extradition to the United States.(25)
Sovereignty
and the Effects Doctrine: The basic problem encountered
in international law enforcement efforts is the principle
of national Sovereignty, which operates as a barrier
to a foreign nation asserting jurisdiction outside of
its borders. The principle of Sovereignty can be summarized
as the government's exclusive power within its own borders,
and virtually nowhere else; and it is this doctrine
that presents the greatest obstacle to the international
enforcement of criminal law. According to the principle
of sovereignty , the effective jurisdiction of a state
law enforcement powers extends no farther than its own
borders.(26)
The
primary basis for criminal jurisdiction involving bilateral
treaties between states is the territorial principle
which allows for jurisdiction over persons or things
within a state's territory or conduct outside the territory
which has substantial effects on it (The latter variant
is known as "objective territorial jurisdiction",
or the "effects" doctrine). Although a state
may claim extraterritorial effect for its criminal laws,
it does not have the power to enforce those laws outside
its borders.(27) Therefore
the principle of Sovereignty requires that transnational
law enforcement efforts be carried out through the aid
of bilateral agreements.(28)
There
are two principle bilateral treaties between the United
States and Thailand controlling the role of law enforcement
and the cooperation of law enforcement between the two
countries. The Treaty on Mutual Assistance on Criminal
Matters was signed in Bangkok on March 19, 1986, and
went into force on June 10, 1993.(29)
The second treaty is the extradition treaty.(30)
In addition to the above, Thailand and the United states
have also entered into a Memorandum of Understanding
on Cooperation in the Narcotics Field.(31)
