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Monday, January 18, 2010

Family-Law-in-Thailand Part XIX: Adopting a child in Thailand - finalising the procedure

This week we'll finish our discussion of child adoption in Thailand. Below we'll explain what happens after the application and all the documents we explained in our recent columns are submitted.

First, the Department of Social Development and Welfare (DSDW) will review the background of the child and confirm the child is eligible for adoption.

Next, all of the documents, including the application form, will be reviewed by the Child Adoption Board (CAB). The CAB is composed of representatives of government agencies involved in the process of adoption and the secretary of the CAB is the director general of the DSDW.

The results of the review, in favour of adoption or not, will be reported to the adoptive parents in writing through the licensed or government agency (the foreign agency) that submitted the application from the adoptive parents' country. If the adoptive parents are domiciled in Thailand the CAB will report this decision in writing directly to the adoptive parents.

If the decision of the CAB is against adoption , the adoptive parents may appeal this decision to the Juvenile Court within 60 days of the date on which they become aware of the decision. The trial court's decision on this issue will be final.

If the CAB decides in favour of adoption, the DSDW or one of the four approved Thai adoption agencies, the one that initiated the application, will identify the child to the adoptive parents. It will also send a package about the child, including photos, to the adoptive parents through the foreign agency.

The adoptive parents should then review the package and decide whether to accept the child proposed. If the adoptive parents accept, the case will be resubmitted to the CAB for approval of pre-adoption placement.

If the adoptive parents are domiciled outside of Thailand permission will at this time be requested of the Ministry of the Ministry of Social Development and Human Security for permission to take the child out of Thailand for the purpose of adoption. When the CAB approves the pre-adoption placement, an appointment will be made by the DSDW through the foreign agency for both parents to come to Thailand to receive the child for pre-adoption placement. Under present ministerial regulations, incidentally, it must be both adoptive parents who come to Thailand to pick up the child.

For adoptions directly through the DSDW, the DSDW will arrange the travel documents for the child. The adoptive parents should plan on being in Thailand at least two weeks and paying for all of the medical expenses, passport fees and travel expenses of the child. Though the adoptive parents have to pay these expenses and may have to pay the foreign agency, there is no charge from the Thai government to the adoptive parents for the adoption.

When they return with the child to their country of domicile the parents must report to the foreign agency to begin the supervision by the foreign agency of the pre-adoption placement. Six months must then elapse and the foreign agency must have sent three bi-monthly pre-adoption placement reports to the CAB. If the CAB approves the adoption, the adoptive parents apply to register the adoption at a royal Thai embassy or consulate in the country of domicile. The DSDW will inform the Thai Ministry of Foreign Affairs, which is responsible for instructing the embassy or consulate to register the adoption. The DSDW also officially informs the foreign agency and adoptive parents of the official status of the adoption.

If the adoptive parents are domiciled in Thailand the adoption can be registered at a district office in Bangkok or an amphur in the provinces outside of Bangkok. The documents needed to do this are the ID card or passport of the child and the CAB's approval of the adoption. When the registration is complete the adoptive parents will receive an executed Registration of Adoption form (Khor Ror 14).

If the registration of the adoption was accomplished outside of Thailand, the Thai Ministry of Foreign Affairs will send a copy of the Registration of Adoption form to the DSDW for its records. Adoptive parents domiciled in Thailand are required by law to give a copy of the Registration of Adoption form to the CAB.

James Finch of Chavalit Finch and
Partners (finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law
Offices Ltd (nilobon@siamcitylaw.com).
For more information, visit
http://www.chavalitfinchlaw.com.
Comments? Questions? Contact us at
the email addresses above.

About the author

Writer: James Finch and Nilobon Tangprasit

Sunday, January 17, 2010

Bangkok's bravest

They receive danger money and are insured by the government, but the local bomb squad is under equipped

Thaksin Shinawatra, the fugitive former prime minister, was only moments from death on Aug 24, 2006, revealed Police Lieutenant Colonel Kamthorn Auicharoen, 43, in a recent interview with Spectrum.

READY FOR THE WORST: Metropolitan Police bomb squad.

His life _ and most probably the lives of many others _ was spared because the remote control transmitter was out of range and failed to detonate the explosives in the car.

Lt Col Kamthorn is attached to the Metropolitan Police bomb squad and is regarded as one of the most experienced bomb disposal experts in Thailand. He has undergone training in Australia, Canada, China, the UK and the US. He has never been injured in the course of performing his duties.

He served from 1982 in the Royal Thai Air Force Armament Department before transferring to the Royal Thai Police (RTP) in 1993, and has worked with the bomb squad since then. He also served in southern Thailand from 2004 to 2009.

The bomb squad's headquarters are located at the Ordnance Division of the RTP in the Dusit district of Bangkok. The unit has 15 teams comprising of 50 policemen and two policewomen, under the command of Police Colonel Worachit Kanchanasena.

MADE SAFE: Defused ordnance.

One would expect that people undertaking this dangerous task would get everything they need to perform it safely under the best possible conditions. It might be so elsewhere, but definitely not so in the case of this particular bomb squad. It is quite surprising to find that those dedicated men and women who have volunteered to put their lives on the line in order to save the lives of others are squeezed into an old building with very limited working space.

This in the contrast with some other Thai law enforcement agencies _ who also do important work, but not as dangerous as the bomb squad _ whose offices are located in newer buildings with much better facilities.

According to Lt Col Kamthorn, the bomb squad also lacks personnel, personal safety equipment and bomb detection apparatus, among other things.

''Despite covering large Bangkok Metropolitan area and five nearby provinces of Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan and Samut Sakhon, among 45 pieces of equipment, we have only two bomb suits, two robots, one in Yala and one in Bangkok, and four Alpha 6(correct) bomb detectors. This is not enough. We especially need more detectors. Nine bomb sniffing dogs donated by the US government, who also funded the training, is a very big help to us,'' he said.

ALL SEEING: a Bangkok bomb squad officer holding a portable unit used to X-ray suspect packages.

''Our job is not only to defuse bombs but, among other duties, to secure all function areas for the Royal Family, government officials, both Thai and foreign, as well as ordinary citizens.

''We are not the only police bomb squad in Thailand. The Border Patrol Police and the Provincial police also have their own units and so does the military.

''In Bangkok, bombs were mostly planted for political reasons, such as on New Year's Eve in 2008, when nine bombs exploded in various parts of Bangkok. Terrorists have not yet detonated bombs in Bangkok,'' Lt Col Kamthorn disclosed.

He also said that there were not any terrorist attacks in Bangkok, as there are in the South. The bombs have been used in general by criminals for political reasons and business conflicts.

''There are two kinds of bombs used in Thailand. The most common are improvised explosive devices [IEDs] which are used, for example, in Bangkok and in the South. The second are different types of military hardware such as hand grenades, mortars and ammunition. Ping-pong balls are classified as IEDs,'' Lt Col Kamthorn explained. ''An IED can be made of almost anything with any type of material or initiator. It is a 'home-made' device that is designed to cause death or injury by using either commercial or military explosives, home-made explosives, or military ordnance or components,'' he continued.

A home-made bomb.

''Of course, our job is very dangerous because, in the case of a home-made bomb, we have to identify the circuit, explosives and the whole set up. One policeman died while defusing a bomb in 1994, but normally we didn't have so many fatal accidents or serious injuries. The last such case occurred on Sept 30, 2007, when a bomb planted in a telephone booth on Ratchadamnoen Nok Avenue exploded while our officer was approaching it. The bomb was detonated by an alarm clock trigger, and completely severed his right hand. This is the problem, when you approach a bomb, you don't know if it will suddenly explode.

Lt Col Kamthorn said that despite his injuries, the officer is now working with the bomb squad in the South and added: ''We are also working in southern Thailand on a rotating basis, 20 days there and 10 days in Bangkok with eight to 20 officers there at any time.''

He then described what would transpire after someone calls 191 emergency police number to report a bomb: ''The 191 operator will immediately inform the bomb squad and the local police who will cordon the area, evacuate people and secure the location. Before going to the scene, we will have a short meeting to discuss the particular case and to prepare necessary equipment.

Hand grenades.

''After arriving at the scene, we will converse with the local police for more information. We will set up command post. Ambulances and fire engines will be called, depending on the situation. We will open jamming equipment to cut mobile phone signals in the area, so that no one can detonate the bomb with this methods. We will prepare our equipment and also search for a secondary device.

''We will wear a bomb suit which weighs 27kg and can protect you from up to 1.3kg of explosives. Then we will X-ray the object to identify whether the bomb is real or fake. If it is real we will use a disrupter [a stream of water] on the bomb to cut the circuit and disarm the device. If the bomb is placed in a metal case, we will cut a small hole and use the water after. This method was developed in Canada works every time.

''However, we can't always use water to disarm the bomb. It depends on the situation. For example, if there are people around, we will defuse it by hand. We have an Alpha 6, which is a small machine with an antenna, that can detect a bomb over distances of 50-200 metres, which works very well,'' Lt Col Kampthorn said.

WELL-PROTECTED: Heavy-duty bomb suit.

''We have five men on duty around the clock to attend to any emergency, and others are on standby and can be quickly mobilised if necessary. Normally three to four of our staff will arrive at the scene and then we will decide who will examine the device or defuse it if it is a real bomb.

When asked what is on his mind or what he thinks about when defusing a bomb he replied: ''I want to see what is inside the bomb, how it was assembled and what kind of circuit it has, because I want to defuse it as quickly as possible. This is what I am thinking about.

''As this job requires a lot of concentration, I must admit that sometimes I'm under a stress and worried, but we get used to it. After defusing the bomb, I will relieve the tension by having a drink with my team-mates, running or exercising.''

As for his wife, Lt Col Kampthorn said that she used to be very worried and urged him to change jobs, but after explaining to her that he really likes the job because it saves people's lives and it is a challenge, she accepted and didn't try to stop him anymore. About 70% of his men are married, and most of them went through the difficult time with their wives like him.

IN ACTION: A bomb squad officer uses a hand-held device to sweep a car for possible bombs.

''Since joining the bomb squad I've disarmed around 200 bombs and examined thousands of fake ones, whether in abandoned luggage or left to threaten people for personal or business reasons. The most difficult ones to disarm are car bombs,'' he stressed.

When asked if there were times that he couldn't defuse a bomb, he replied: ''Never. Up to now I've been able to defuse every type of bomb and all military explosives. However, there are some cases when the bomb exploded before we arrived at the scene. It takes only one minute to disarm a bomb. When you face the device, you have to do it fast, in less than a minute. A bomb is always defused by one person. I won't give an order on site as to which officer will disarm it. We talk to each other first. The person to do it must be effective and confident that he can. I won't push anyone to do it if he doesn't feel comfortable. We are like a family _ we help each other.''

Lt Col Kampthorn said that it is very easy to make remote-controlled bomb. They can use mobile phones or other devices, but I can't tell you which ones because it is a secret. To detonate a bomb, the bad guys can also use an alarm clock and lately walkie-talkies as well.

HELPING HAND: One of the squad’s robots.

He constantly studies new techniques, such as how to identify and defuse bombs. He said that methods of making bombs haven't changed over the last three-four years. They're all similar.

''Bomb makers have the knowledge and have to find the raw material, which is not easy as most of the parts are illegal to sell. Some raw materials and parts can be obtained from mines, especially in southern Thailand or smuggled from other countries.

''All bombs in Thailand are made locally, but the ones who train the bomb-makers might come from abroad or the bomber may be trained abroad,'' Lt Col Kampthorn said, obviously referring to the South, and adding ''When the problem is solved, the number of bombs will decrease, which has been the case.'' (see statistics). SIDEBAR???

He also mentioned that ping pong ball bombs are nothing new. ''Those have been around for years, used mainly by teenagers, but lately also by protesters in Bangkok. They can cause serious injuries, such as cut your hand or fingers but won't kill.

''We get many hoaxes, but we have to respond to every call and go to the location. We get about 10 calls a month for both fake and real bombs. The last one a few days ago. It was a hand grenade left on the road in Minburi. Someone might have thrown it away because they were afraid that police might search them. Most of the cases involve fake bombs.

''The government pays for insurance which is 500,000 baht for death which, I think, is very little. For injuries, the compensation is according to the injury type, but it is not much either. I'll get an extra 10,000 baht each month, others receive 7,500 baht as 'danger money','' Lt Col Kampthorn said

He appealed to public: ''If you see something suspicious that could be a bomb, don't touch it or do anything. Don't try to be a hero! It is very dangerous! Always call 191.''

The more gentle side of Bangkok's bomb squad

One of the two women attached to the bomb squad is Police Sergeant Major Saran Wannawong. She is married and has two children.

HAPPY IN HER WORK: Police Sergeant Major Jaruwan Niyahon.

"I joined the RTP in 1996, and volunteered for the bomb squad in 2007 because I thought the job would be more challenging than my previous one, which was an accounting position. It was really boring," Sgt Maj Saran said.

She worked for two years in Yala province in southern Thailand and moved to Bangkok four months ago.

"My job there was to prepare equipment for the bomb squad, to collect evidence after a bomb went off and to analyse bombs, and so on.

"Because I have less experience than others in our team, I'm not actually defusing bombs. Only someone with at least 10 years of experience can do that," Sgt Maj Saran said.

She likes her job very much because it is a challenge and it gives her a chance to travel around Thailand, where she can meet different people and learn new things.

"My husband and parents used to dislike my job.

"They worried a lot while I was working in Yala, and often asked me to do something else. I tried hard to explain to them that it's my duty and they are now more understanding."

The second woman is Police Sergeant Major Jaruwan Niyahon. She is also married, and has one child. She joined the RTP and the bomb squad in 1996.

"Really I'm here by mistake because when I sat the police examination, I selected this department without knowing it was the bomb squad. However, I'm quite happy now. I'm doing mostly administrative work - not defusing bombs - and one of my duties is to provide security for the Royal Family."

She has been working mostly in Bangkok, but also spent a year in Yala performing the same duties as her colleague, Sgt Maj Saran.

"In comparison to other members of the bomb squad my job is not dangerous at all, and frankly I wouldn't like to do anything else. My parents and husband are quite happy with what I'm doing."

Ping-pong bombs.

Bomb-making components.

Mortar shell and military explosives, above.

About the author

columnist
Writer: Maxmilian Wechsler
Position: Freelance writer

Thursday, January 14, 2010

Iranian insider predicts regime change

A leading figure in Iran's opposition movement says it is time to separate religion and politics

Despite working for many years in the secrecy-shrouded intelligence section of the Iranian government, Mohammad Reza Madhi, 46, a former high-ranking officer in Iran's elite Revolutionary Guards' intelligence service and once the right-hand man of the supreme leader, Ayatollah Ali Khamenei, has decided it is time to go public.

His exclusive interview with Spectrum was conducted as Iran's opposition leaders faced new threats with the state prosecutor warning they could be put on trial if they do not denounce last week's anti-government protests - the worst unrest since the immediate aftermath of the disputed June election.

The confrontation between Iran's clerical rulers and their opponents has returned to the streets in recent weeks, after a harsh crackdown immediately following the election had all but put an end to demonstrations. Despite a continuing tough response from security forces, the opposition movement has regained some momentum.

The son of the deposed Shah last week urged nations worldwide to withdraw their ambassadors from Teheran to protest against the relentless government crackdown on opposition demonstrators.

Reza Pahlavi, who has lived in exile since his father was toppled in the 1979 Islamic revolution, also appealed in a letter to UN Secretary-General Ban Ki-Moon for a UN investigation into human rights violations during the unrest.

Mr Pahlavi equated the climate of the unrest with the "revolutionary atmosphere" that preceded the fall of his father from the Peacock Throne 30 years ago, when the monarchy was replaced by an Islamic republic. The difference, he said, is that this time the people know what they want - a secular democracy.

Former intelligence chief Mr Madhi, who first worked for the Iranian government in 1981 in the army and the Revolutionary Guards' intelligence services, spoke out against the present government during a stopover in Bangkok last week.

In recent years he secretly passed information to Grand Ayatollah Hossein Ali Montazeri, one of the most respected clerics in Iran, who passed away on Dec 19, 2009.

Mr Madhi escaped from Iran in February 2008 after being sentenced to 73 years in jail for what he described as a trivial charge. Since then he has been working from abroad to organise opposition against the Iranian government.

He has been in regular contact with the Green Path of Hope group, an Iranian association established in August 2009 by the opposition leader, Mir-Hossein Mousavi, and also with other groups and individuals.

Q: How would you describe the current political and economic situation in Iran?

A: The way the Iranian government has chosen to go is the wrong one. They forget the promises they have made to the people. They took all the power in the country into their hands and have tried to run the country like it is their kingdom, similar to that of the Shah, who was overthrown in February 1979. The Shah wore the crown, but now the Ayatollahs wear turbans. It is the same thing. They run the country like a kingdom.

The government has destroyed Iran's international relations with many strong and powerful countries like the United States, European nations and others.

The economic situation is also very bad at this moment. It is zero. Instead of looking after its own people, the government supports those living in African countries, Palestine and in Venezuela.

Q: How many opposition groups are there in Iran, and are they united?

A: There are four major opposition groups and about 20 small ones. The big groups are united and are working with each other, but the small ones are not. However, they are all working for the same goal, which is to oust the government. I believe that the majority of people in Iran are against the government.

Q: What is the opposition's view of the United States and policy towards Israel? Do you recognise Israel's right to exist?

A: We need to have good relationships with every country around the world, including the United States and the Europeans. We do not have a problem with Israel. The problem of Israel could be solved by Palestinians and Israel in cooperation and with help from states in the region and the world community. We live in the 21st century and nowadays the world is connected and globalised. We should be a part of the world. We cannot close our eyes to the United States and Europe. They are strong political and economic powerhouses. If Iran is to prosper, we need to have good relationships - both political and economical - with everyone, including Russia.

As for Israel, it is the Iranian government which doesn't recognise its right to exist, but the Iranian people might think differently. Israel's internal problems are its own affairs, not ours. We shouldn't get involved. It shouldn't concern us. My view is that Israel has the right to exist. We should recognise it.

Q: Iranian President Mahmoud Ahmadinejad said that Israel should be wiped out. What is your opinion?

A: When the president of a country like Ahmadinejad says that he wants to kill all the people in Israel, this is very bad. Israel is not a person - it is a country with many people living there. Ahmadinejad is crazy. He is not talking and behaving like the president of a country. He has already destroyed international relationships with many countries and made them enemies of Iran. This has cost the Iranian people so much. His ideas are dangerous. That's why we have so many problems. We want to be friendly with every country.

Q: Do you expect a collapse of the government any time soon?

A: The government has already collapsed. There's going to be big changes very soon. Believe me, it will happen soon. I can promise you that I will meet you for the next interview in Teheran very soon. However, I am afraid that the transition won't be peaceful. You see what has happened during the religious ceremony called Ashura a few days ago. They killed so many people, 11 to be exact, not eight as was reported by the western media.

We want to keep our country as the Islamic Republic of Iran, but religion and politics must be separated. We want to change the structure of the government. The good clerics should help the people and the government, while the bad ones should be ousted from government. If you look back at history, several hundreds years ago, the church controlled everything in Europe. We are experiencing the same situation. Some of the top Ayatollahs have a lot of power.

Q: What will it take to remove the people in power?

A: We are working on it. The western media could help us if they could talk directly to the Iranian people, to tell them the truth. This would help. The Iranian media don't belong to the people. They are controlled by the government which is using them to spread lies.

Q: You said you worked closely with the current supreme leader Ayatollah Ali Khamenei. Could you be more specific?

A: I have been working with him for almost 19 years. I saw him frequently, sometimes 10 times or more in one day. We were very close. I was a protector of the leadership apparatus. I was head of a committee for strengthening the Islamic State and preventing anything from weakening it. I helped him too much. He used to be a good, open-minded man until he started a close relationship with Ayatollah Mohammad Taghi Mesbah Yazdi, a spiritual adviser to a group of hard-line fundamentalists. He is a very crazy man who hates Israel and the United States especially. Unfortunately, President Ahmadinejad is one of his big fans as well.

Q: Tell us about the clergy. Are they divided?

A: The Ayatollahs are very much divided. They have so many problems between each other. There are many Ayatollahs who have different views. However, the ones in the government have the power, not the others.

It is impossible to change Iran in a religious way. Iranian people are, have been and always will be religious people. However, I believe that politics and the religion might be divided soon.

Q: What is the feeling within the military? Can the government rely on them? Are they loyal?

A: At this moment, the government cannot rely 100% on the Iranian Army and even on the Revolutionary Guards, who are more powerful. There are now only a few hard-line religious people inside the Revolutionary Guards who are against the people.

There are some people inside the Revolutionary Guards who are against the government and side with the people. The government is aware of that. And the same applies to the Iranian Army. Many of them are now on the people's side. Many of them are now against the government, but they are afraid to say it openly because they might have problems.

As for the relationship between the Army and the Revolutionary Guards, theoretically they are united, but in a reality, they are not. They don't like or trust each other. The government trusts and gives more support and benefits to the Revolutionary Guards than to the Army. Some agents of the Revolutionary Guards are placed inside the Army to watch them both officially and secretly.

Q: Is your country developing nuclear weapons?

A: My personal view is that if Iran comes under more pressure from other countries they might think of that, but right now, I don't think so. I don't have any proof. Maybe they have already started. If so, I would like to stop it. Iran doesn't need nuclear weapons. We need nuclear energy for peaceful purposes, like, for example, to generate electricity.

Q: In your opinion, do sanctions imposed against Iran by western nations have any effect? Do you agree with sanctions?

A: I disagree with the sanctions because they put more pressure on the people than the government. I have a message to President Obama: Instead of imposing sanctions, you should give more support to the opposition groups. The sanctions don't work. The government uses sanctions as an excuse to put more pressure on the people.

The current Iranian government is not supported by the people and therefore, the western governments should not officially recognise them. They should stop economic cooperation with them as well. Germany, for example, has many business ventures with Iran, but they say they don't accept Ahmadinejad.

Q: You have worked in intelligence. How does the present government run these services?

A: The Iranian government is running a large intelligence network both inside and outside the country. Most of the intelligence work is now the responsibility of the Revolutionary Guards. Iran has a very large intelligence service.

Q: What are your personal plans?

A: I have many plans, for the Army, the Revolutionary Guards and the intelligence service, for university people and for all the people in Iran. I am looking forward to living with my family in Iran after the government changes. They are having a difficult time now.

Q: If the government changes, would you take a position with the new government?

A: Yes, 100%. I will go back to build my country. Every Iranian should work to reconstruct Iran.

Q: Are you in contact with your people in Iran?

A: Yes, for 10 hours or even more every day! Sometimes I don't sleep because it is time to talk with them. I use mobile phones, emails and other means to communicate with them. I know what is going on in Iran every day.

Q: Because of your former high position in Iranian intelligence and because you obviously know many secrets, has the Iranian government attempted to discredit or threaten you?

A: They attempted to kill me and also discredit me. About six months ago a person pretending to be a friend of some foreign powers and who was, in fact, an Iranian agent, wrote an article about me in one western magazine claiming that I was in Iran and killing people. At that time, I was in a hospital in Germany.

Q: To your knowledge, does the Iranian government support terrorists like al-Qaeda?

A: No, they don't support this particular group, but for other groups I don't want to get into this because it is too complicated.

Q: Do you have any final words of advice?

A: I would like to warn western countries that the Iranian government might do something, like assassinate exiles, something they have done before. The Iranian government has infiltrated some exile groups with their agents, and this applies to some western media. I am sure that very soon the Iranian people will take up arms and fight the government. The future for the Iranian people is bright.

About the author

columnist
Writer: Maxmilian Wechsler
Position: Freelance writer