International Co-operation: Human Trafficking and Smuggling of Migrant Cases

1. International Co-operation: Human Trafficking and Smuggling of Migrant Cases Wanchai Roujanavong Deputy Director General International Affairs Department Office of the Attorney General 31 May 2010

2. Summary of the situation • The situation of human trafficking in Thailand • The situation of smuggling of migrants in Thailand • Response: a comprehensive legal framework based on international law (Parlermo Protocols and others instruments) • Response: institutions and structures to combat human trafficking and smuggling of migrants • International cooperation is on important keys to success but there remain challenges to cooperation.

3. 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

4. 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.

5. 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

6. 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.

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

8. 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;

9. 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

10. Statistics of MLA Requests on Human Trafficking • Incoming Request • 2009 2 requests • 2010-present 4 ” • Outgoing Request • 2009 1 ” • 2010-present 2 ”

11. If co-operation needed • If you have any question or need international cooperation contact: • International Affairs Department, Office of the Attorney General • E-mail: facebkk@yahoo.com • Tel. +662 5154664 Fax. +662 5154657 • Mobile phone: +6681 4086919