Transfer of prisoner is the international strategy operated on bilateral basis.
It recalls the resolution 13 adopted by the 6th United Nation Congress on the
Prevention of Crime and Treatment of Offenders held in Caracas, Venezuela in
1980. In Thailand , transfer of prisoner as operated in 2 categories that are
the transfer of foreign prisoner to serve the remaining sentence term in his
country of nationnality, and the transfer of prisoner as mutual assistance in
criminal matters.
1.Repatriation Transfer of Prisoner
After the resolution of the 16th United natin Congress had been adopted, Thailand
began the study on the possibility to operate internatioal prisoner transfer.In 1984,
the legistration concerning international prisoner transfer called "The legistration
on Procedure for Cooperation between States in the Execution of Penal Sentence B.E.
2527" has been issued and entered into forced upon publication in the Government Gazette.
With stipulated provisions, Thai prisoners in foreign countries are able to be transferred
to serve their sentence in the Kingdom, and foreign prisoners in the Kingdom will be
able to continue to serve their sentence abroad.
Actually, the idea of prisoner trasfer was intiated in 1978 between Thailand and the
U.S.A. However, the negotiation and administative process took periods of time.
The fist treaty of prisoner trasfer between Thailand and the U.S.A. was signed
on October 29, 1982 and became effective afterwards.
Nowadays, Thailand has signed treaties with many countries. The treaties that have
been ratified and come effect are treaties with these respective countries.
In Thailand, the first delivery of transferred prisoner was implemented on May 7, 1990.
So far, There have been 134 prisoners approved by transfer committee and 122 prisoners
have aiready been delivered, as shown in Talble 1
Table 1: Transfer of Prisoners
|
Nationality
|
Transrferred Prisoners
|
| Spain | 27 |
| Sweden | 9 |
| America | 47 |
| Britain | 12 |
| Italy | 4 |
| Hong Kong | 62 |
| France | 20 |
| Canada | 9 |
| Thailand | 4 |
| Total | 195 |
It is remarkable that countries that have got transfer treaty with Thailand are countries in
Europe and America. Regarding the benefit of transfer, Thailand would welcome more transfer
treaties with every country in the world,espectially those that have a lot of prisoners in Thai
prisons. The prisoner transfer, despite its limit number, has shown means of effective rehabilitation
and better international cooperation of corrective services as recommened by the United Nations.
2.Transfer of Prisoner as Mutual Assistance on Criminal Matter
The problems of crimes affect the public security and the economic atability of the country.
With the technological development, various crimes such as economic or white collar crimes,
computer crimes, crimes committed in the industrial world, environmental crimes and drug
traffiking start to move across the boundaries of two or more countries. The growth and expansion
of transnational crimes stimulate many authorities to improve and implement the measures
at international levels with the main purpose of punishing the alleaged offenders in order to
strenthen and lubricate the criminal justice system. Extradiction and bilateral agreements on
mutyal legal assistance in criminal matters are considered valuable tools in the fight against
transnational crimes.
In Thailand, apart from "the Extradition Act B.E. 2472", "the Mutual Legal Assisstance in Criminal
Matters Act B.E.2535" is another important legistration. It provides assisstance in criminal
matters to foreign states i.e.taking the testimony and statement of persons, providing documents,
records and evidence for the procecution of the alleaged offenderss to the requesing state.
The new concept on mutual lega; assisstance brings about a great success for the effective
international cooperation.
At present, there are 5 prisoners transferred from Thailand to the U.S.A. to be present
in the procecution of some criminal cases.This has shown the attemps of cooperation at
the international level which shall be expanded in the future.
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