Wanchai RoujanavongDeputy Director General

International Affairs DepartmentOffice of the Attorney General

31 May 2010

Summary of the situation

The situation of human trafficking in ThailandThe situation of smuggling of migrants in ThailandResponse: a comprehensive legal framework based on

international law (Parlermo Protocols and others instruments)Response: institutions and structures to combat human trafficking

and smuggling of migrantsInternational cooperation is on important keys to success but there

remain challenges to cooperation.

International Cooperation: Requirements

UNTOC and its two protocols (anti-human trafficking and anti- smuggling of migrant protocols) provide compulsory Article for international cooperation in Extradition and MLA because international cooperation is the key to success in punishing cross-border traffickers.

The Convention require each country to establish one (or more if necessary, however one is preferable) Central Authority to process in-coming and out-going request, to gain expertise and to know its counterpart (preferable personally) and to get rid of confusion

National structures for MLA

In Thailand the Central Authority is the Attorney General authorized by the Act on Mutual Assistance in Criminal Matters 1992;

The processing unit of the Central Authority is: International Affairs Department, Office of the Attorney

General with 24 prosecutors to handle all incoming and outgoing request.

National requirements for MLA

Thailand is ready to cooperate with all countries in the world on treaty basis or reciprocal basis

A Bilateral Treaty (direct contact b/w Central Authorities)

or Principle of Reciprocity (have to go through diplomatic channel);

Double criminality;Translation into acceptable language;Adequate information for execution

The key to success

Personal contact (know your counterpart personally through e-mail, phone, fax, etc.);

Sending an informal copy to your counterpart for consultation and preparation of all necessary paper work prior to execution while waiting for the original request;

Personal consultation when there is a problem in execution of the request;

Make a reasonable request and understand the legal system of your counterpart.

Obstacles

Language barrier;Lack of double criminality;Different legal system;Diplomatic channel;No reciprocity assurance;Limited time in criminal case;Lack of personal contact.

International co-operation

The International Co-operation in Criminal Matters Act allows us to co-operate with law enforcement, prosecutor and court around the world in investigation, providing evidence and documents both in investigation and in trial including the freeze, seize or confiscation of an assets on treaty or reciprocal basis;

International co-operation

However, in freezing, seizing or confiscation of the assets the Thai law requires a foreign Court order to that effect before the Thai Court can issue the domestic order to execute the foreign Court order

Thus, such a request has to attach a foreign Court order with the request

Statistics of MLA Requests on Human TraffickingIncoming Request

2009 2 requests2010-present4 ”

Outgoing Request2009 1 ”2010-present2 ”

If co-operation neededIf you have any question or need international

cooperation contact:International Affairs Department, Office of the

Attorney GeneralE-mail: facebkk@yahoo.comTel. +662 5154664 Fax. +662 5154657Mobile phone: +6681 4086919