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KING'S PARDON APPLICATION

Prisoner's Requirements

REQUIRED FOR THE APPLICATION:

1) The prisoner MUST have completed the final appeal. This may be two or more years after the initial arrest. It is best if the prisoner has an "excellent" behavior rating.

2) Some parts of the Application MUST be submitted in ROYAL THAI. This is different from regular Thai. FPSS are able to provide support so don't worry.

3) The pardon MUST inlude:

    a) Full Name ( as shown in the prison records )
    b) Nationality ( country of current identification )
    c) Identification ( birth certificate, passport or other documents)
    d) Copy of the "Official Case history" including all court records
    e) Prison "behavior" status (excellent class or .. ?)
    f) Corrections Department interview results and finger-prints:
    (the interview and finger-prints are taken after the pardon request is initially submitted to the prison director )
    g) cover letter :
      i) with a brief case summary
      ii) why a pardon should be granted
4) Prisoner's EMBASSY support:
    a) "transit guarantee" ( assuring transportation to the home country ) b) "pardon recommendation letter" ( the prisoner is ready for pardon )
      HIGHLY DESIRABLE TO INCLUDE WITH THE APPLICATION:

      5) Documents sent from the prisoner's HOME country: a) Police report from home country (no prior arrests!) b) marriage certificate c) children's birth certificates d) doctor's statement about parent's health e) supporting letters from family, friends, promised work .. +++ ?

      6) What was learned in prison ( language, business skills .. others ?)

      7) educational improvements ( classes taken .. subjects and dates )

      8) a "professional" binding for the application

      9) Additional supporting letters ( sent by family and friends )

        a) These would be sent to the Thai Ministry of the Interior, AFTER the pardon has been given an Identification number ),

        b) These may be in Royal Thai (best), Thai or English.

      NOTE : Do not send any supporting letters, until the prisoner's pardon application number has been assigned .. ( it could be lost ).

KING'S PARDON - APPLICATION PROCEDURE
The Prisoner:

1) Submits the pardon request to the DIRECTOR OF THE PRISON ... through a designated Dept of Corrections officer in each building. Parts of the pardon must be submitted in ROYAL THAI. The pardon must be addressed to the King of Thailand ... "Your Majesty ... "

2) Submits a brief copy to their nearest Embassy, requesting them to prepare the Transit Guarantee papers. The papers should be sent to the prisoner. (alternatively the Embassy could send them to the Ministry of Foreign Affairs.)

3) After receiving the PARDON APPLICATION NUMBER, the prisoner may ask the Ministry of the Interior about the status of the pardon. The process moves slowly, it is important to keep asking about progress.When the pardon is granted, the prisoner must accept the pardon.

The Prison Director:

4) The Director accepts the pardon application from the prisoner's representative. He may request or require additional data and/or finger-prints from the prisoner. The Director forwards the prisoner's application to the Ministry of the Interior. (the director may also report progress directly to the prisoner).

The Prisoner's nearest Embassy :

5) The prisoner's Embassy receives the prisoner's Transit Guarantee request (and possibly a summary of the Pardon Application ). DO NOT SEND THE APPLICATION TO THE EMBASSY (they have no duties to manage it)! The Embassy usually will issue the Transit Guarantee papers directly to the prisoner. (there may be other arrangements.(i.e. sent to Ministry of Foreign Affairs.) (the Embassy should report their plans to the prisoner ).

The Thai Ministry of Foreign Affairs ( MOFA ) :

6) Accepts the Pardon application and Transit Guarantee from the Prisoner. The MOFA gives it to the Ministry of the Interior.

The Thai Ministry of the Interior ( MOI ):

7) Accepts the Pardon application from the Prison Director and/or the MOFA.
8) Accepts the Transit Guarantee from the prisoner (or their Embassy).
9) When these are completed, they send the Pardon Application to the King.

The King of Thailand :

10) Reviews all petitions. Favorable dates for pardons are :
December 5 : His Majesties Birthday ... and ...
July 28 : The Prince's Birthday (Crown Prince Vajiralongkorn)

The Thai Ministry of the Interior:

11) receives the approved or denied pardon. They notifies the MOFA.

The Thai Ministry of Foreign Affairs ( MOFA ):

12) Notifies the Director of the prison, the prisoner and the Embassy of the decision. 13) The prisoner (or their family) can write an official letter addressed to:
The Director General,
Department of Corrections,
1 Nonthaburi Road
Nonthaburi 11000, Thailand.

Give the prisoner's name, pardon-number, nationality and name of prison. <

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Addressing Rules and Address List

General Rules for letters: (from Amnesty International )

GREETINGS:

Kings and Queens.................. : Your Majesty,
Heads of State such as Presidents. : Your Excellency or Dear President,
Prime Ministers and other Ministers: Dear Prime Minister, Dear Minister,
Diplomats at Ambassadorial rank... : Your Excellency,
All letters can be closed with ... : Yours Truly, Yours Sincerely, or Yours respectfully,

ADDRESSES:
The King of Thailand :
    H. M. Bhumibol Adulyadej
    King of Thailand
    The Grand Palace
    Na Phra Lan Road
    Bangkok 10200, Thailand
    Salutation : Your Majesty,
The Prison Director:
    Director - General
    Mr. Siwa Sangmanee
    1 Nonthaburi Road
    Nonthaburi Province 11000
    Thailand
    Tel. (662) 967-3333
    Salutation : Dear Sir,
Ministry of Foreign Affairs
    Sri Ayudhya Road, Bangkok 10400
    Thailand,
    Tel : (662) 643-5000
    Salutation : Dear Minister,
The Ministry of the Interior:
    Thanon Atsadang
    Bangkok 10200
    Tel 222-1141-55
    Salutation : Dear Minister,

KING'S PARDON - Sample Cover Letter
REMEMBER : ALL THIS PART OF THE APPLICATION MUST BE TRANSLATED INTO ROYAL THAI !!!

(begin with the proper salutation )

H. M. Bhumibol Adulyadej
King of Thailand
The Grand Palace
Na Phra Lan Road
Bangkok 10200, Thailand

Your Majesty :

    ( tell about yourself )

    My name is _______________ case number ________.

    I am a Citizen of the nation of ____ and inmate of _____ prison Building number____.

    ( tell him why you are in this prison )

    I am in prison because .......... ( a short description of your troubles, try to tell the King the important things .. in less than a page. Be very careful when describing your ideas about the Thai justice system:arrest, testimony, lawyers, judges, prison conditions. Tell him about the verdict.

    The verdict of the First Court , .. verdict of the Second Court ... Final Court ... (attach a summary of the Final Court Decision ! )

    A copy of my proceedings are attached.

    (Tell WHY you deserve a pardon )

    Here are some reasons why that I am qualified for a pardon at this time.

    1) I HAVE LEARNED MY LESSON ! (THIS IS THE MOST IMPORTANT THING TO SAY) (Say it clearly .. "I am a better person and will never do it again"! (Say something about why they should believe you!)

    2) I have good / excellent behavior ... etc ...

    3) These are some useful things that I learned in prison (give definite examples): .. religion, a trade, language skills, humility ..

    4) I will leave Thailand if granted the pardon. (The embassy and my family guarantee my transit out of the country).

    5) I have a job offer from ______ I will begin this job when I return. (list any job offers or education plans .. attach copies to your application) See the offer from _______ company/school attached.

    (closing salutation)

    Thank you ....

    Sincerely. ... signed name ... ++ the DATE

SAMPLE OF A SUPPORTING LETTER FROM A FRIEND

Arsa Sarasin
Principal Private Secretary to
His Majesty The King of Thailand
The Grand Palace,
Na Phra Lan Road
Bangkok 10200, Thailand
February 1, 2004

Dear Mr Sarasin;

    I am writing on behalf of _________ who is a prisoner in _________ prison. He/She is serving a ( prison-term ) for the crime of _________________. This is his eigthth year in ______ prison. He/She is a citizen of ______. His family resides there but has never been able to visit.

    Mr./Mrs. ____ is my ( brother/sister/son ). (( If writing as a friend, then briefly describe your involvement in the case)).

    While not condoning the offense, I do beleive that this man/woman has suffered enough for his/her misdeeds.

    For the consideration of His Majesty, I beg for permission to give a brief history of this case.

    (use several paragraphs to briefly discuss some important case details) (this is not a re-trial, do not overload this letter with details)

    Mr./Mrs. ___ has never been violent nor caused any problems in the prison. He has learned to speak and write fluent English and Thai. He / She is also an accomplished artist, violin player ... and so on ...

    When released Mr./Mrs. ______ plans to return to ______ to start a family and open a small shop in their hometown.

    Mr. _____ represents no threat to the nation of Thailand nor will not be a burden to his/her home nation.

    I beg His Majesty for His gracious Royal Pardon so he/she may have a chance to reedem himself/herself.

    Yours Very Sincerely, (sign with your name and address )

KING'S PARDON - Supporting Letter

This draft is only intended as a guide to the type of information you may want to include. You may want to vary the format and/or add other kinds of information.


(Prisoners's Name) is a prisoner convicted by the (name of court) in criminal case (number) between the Public Prosecutor, Plaintiff and (prisoners name), Defendant on charges of ______________.

(I/He/She) is now serving a sentence of (length) imprisonment at (prison). (I/He/She) wishes to take this opportunity to beg His Majesty for his Royal Pardon for the balance of the sentence (I/he/she) is serving.

For the consideration of His Majesty, (I/he/she) begs for permission to give a brief history of (myself/himself/herself).

(I/He/She) is a (country of origin) National, born on (date) in (hometown). (My/His/Her) father/mother is (name).

Say something important about the family, brothers sisters and so on. If the prisoner is married with children, be sure to say something about that

Give some education and work details prior to the imprisonment. Include any education and work completed inside the prison. Also list any skills, awards or volunteer activities.

Give an explanation of how the offense occurred. Tell how the prisoner became involved.

Say something about what has been learned from the offense and punishment. Accept responsibility for the prisoners actions. Say something about the future.

(Finish with)
Begging His Gracious Majesty for his gracious Royal Pardon so (I/he/she) may have a chance to redeem (myself/himself/herself).

The prisoner must send the finished letter directly to the prison authorities. Be sure to include a cover letter, asking the prison to forward the letter to the prisoners embassy. Another cover letter should ask the prisoner's embassy to support the pardon request.

Follow up the request, by asking the embassy if the letter has arrived.

Follow up again, to be sure the letter has been sent onto the King's Private Secretary.

If you are not a family member, then your letter should be sent directly to the prisoner's embassy. You could also copy to the national's embassy in your own home country. More channels of communication are better.

Include a cover letter, giving some reasons about why you are involved: such as : friend, family circumstances, possibility of a miscarriage of justice, etc. You can also send a copy of your letter directly to the King's Private Secretary. It cannot hurt. Follow up all correspondence to confirm that your letters are proceeding toward the King.!

KING'S PARDON - Checking Progress

The pardon has several stages of progress through the system.

1) After the prisoner sends the original PARDON to the Prison Director. There should be an interview from the prison staff. They will have some discussions about the application and take fingerprints.

2) Within 4 months, the Prisoner should get "Pardon Application Number". These are "red" and "black". If there is no response within 4 months .. then make inquiries.

3) As soon as the pardon number is received the friends and family can submit supporting letters to the PARDON office.

4) Ask the MOFA to give some indication of progress.

UK Pardon details

Transfer to UK Prisons
This section gives a brief outline of how British citizens who have been sentenced to a term of imprisonment abroad may be able to transfer home to serve the rest of their sentence in a prison in the United Kingdom.

The information on this page is not a statement of your legal rights. It simply provides a short explanation of the provisions which exist for the transfer of sentenced prisoners to the United Kingdom of Great Britain and Northern Ireland.

1. Am I eligible for transfer?
You must be a British citizen or have close family ties with the UK (normally through permanent residence). Criminal proceedings against you in the foreign country must be complete. You cannot be transferred if you are awaiting trial or the outcome of an appeal against your conviction and/or the length of sentence.

At the time you make your application for transfer you must normally have at least six months of your sentence left to serve before release. The offence for which you have been convicted must also constitute a criminal offence in the part of the UK to which you are seeking to be transferred (ie England and Wales or Scotland or Northern Ireland).

You must have no outstanding fines or other non-custodial penalties.

2. Why should I transfer?
You would be able to serve the rest of your sentence closer to friends and family in the UK, making contact and visits with them far easier. You would also be in an English speaking environment and able, in most instances, to take advantage of educational and other courses aimed at tackling offending behaviour and preparing you for release back into the community.

3. How are transfers arranged?
The UK government has signed two international conventions and two bilateral agreements which allow British prisoners to be transferred to the UK from certain countries and foreign nationals to be transferred from prisons in the UK back to their own countries.

4. How do I make an application for transfer?
If you are imprisoned in a country from which transfer to the UK is possible, and have been sentenced following conviction, you should already have received information about transfers from the prison authorities. If you have not or have any questions about it, you should speak to the prison authorities or raise the matter with the British Consul, either in writing or during the course of a consular visit.

You should normally make your application to the prison authorities in your place of detention; but if you prefer you may write to the nearest British Consulate who will pass on your letter to the relevant authorities in the UK. The authorities in the UK will then formally make an application to the foreign authorities on your behalf.

Making an application for transfer does not commit you to going ahead with it. Your formal consent is required before transfer can proceed and, if having considered your application both the UK and foreign authorities are content for you to be transferred, only then will you be asked to commit yourself.

5. Who has to agree to the transfer?
The authorities in the country in which you are serving your sentence; and The Home Secretary, if you are seeking to be transferred to England and Wales (or the Secretary of State for Scotland or the Secretary of State for Northern Ireland for transfer to those jurisdictions); and You – or someone authorised to do so on your behalf. You cannot be transferred unless all three parties agree to it.

6. What happens once my application is received?
Initial consideration of your application falls to the authorities of the country in which you are imprisoned. If they are prepared, in principle, to agree to your transfer they will forward information about you to the authorities in the UK, including details of the offence(s) committed and the length and nature of your sentence.

If, having considered this documentation, the UK authorities are prepared to consent to your transfer, they will formally notify the foreign authority of this and provide it with information about how your original sentence will continue to be enforced.

Provided that the foreign authorities are content with these arrangements, you will then be provided with relevant information about how your sentence will be administered in the UK and invited to give your written consent to the transfer. If you agree, the relevant travel and transfer arrangements will be made.

7. Will I be responsible for the costs of my transfer?
Most of the costs related to your transfer will be the responsibility of the UK and foreign authority concerned. However, before your transfer can take place you will be required either to pay the cost of your own airfare or to give an undertaking to repay the money as soon as possible after arrival in the UK. If you choose the second option your passport will be retained until repayment has been made.

8. How long will it take?
The length of time varies from case to case. The process of considering applications is a lengthy one for both authorities concerned and can sometimes take as long as eighteen months to two years to complete. It is important that you understand this and are not over-optimistic about a speedy transfer. Every effort will be made to process your request as soon as possible.

9. How long will I serve on my return?
Your ‘UK sentence’ will be calculated by deducting the time you have already served abroad from the original sentence imposed by the foreign court (including time spent in custody on remand in cases where the foreign authority takes this into account) and any remission to which you are eligible for this period.

Once you have been transferred, you will be treated as if you had been sentenced by a court in the UK and the relevant provisions of UK law with regard to discretionary early and automatic release will apply. For prisoners transferred back to England and Wales this means that if you were sentenced abroad to a fixed period of imprisonment of four years or more, your non-parole or automatic release date will fall after you have completed two-thirds of your ‘UK sentence’. Short-term prisoners (those sentenced to up to four years abroad) will be automatically released when they have served half of their ‘UK sentence’.

Other arrangements apply to prisoners who have been sentenced to life imprisonment abroad and to those who were sentenced prior to 1 October 1992.

Full details about how your sentence will be administered on your return to the UK, including your eligibility to be considered for release on parole, will be sent to you. You can then consider whether to agree to a transfer.

Information about provisions for the early release of prisoners in Scotland and Northern Ireland is available from the Scottish and Northern Ireland Prison Services – see paragraph 11 for contact addresses.

10. Will I be liable to prosecution for other offences if I return?
You cannot be prosecuted in the UK for the offence for which the sentence you are currently serving was imposed. You will, however, be liable to detention or prosecution in connection with any other alleged offence committed here.

11. How can I get more information about being transferred? You can ask either the prison authorities in your place of detention or your nearest British Consul or write to the relevant authorities in the UK.

CLICK HERE TO RETURN TO THE TRANSFER PAGE
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