September 2nd, 2011, 12:40
Hi Guys,
After a couple of enquiries not just here but in e mails, I will try to explain the complex way amnesties are given in Thailand for those who have friends incaracerated and hope it is helpful.
You guys will be told all kinds of rubbish on your visits by your friends and boyfriends. They are not necessarily lying, just misinformed by jailhouse lawyers and old lags that wish to appear knowledgeable.
Amnesties are given on joyous and celebratory occasions. They are not given for sad occasions such as deaths. Another common story circulating if the present monarch passes away, all prisoners will be set free. They will say it is in the constitution that a prisoner cannot serve their sentence under two Kings.I heard it all. It's nonsense but those in jail,desperate for good news will believe anything that anyone says.
Amnesties are given on behalf of both the King and Queen and include special birthdays, ascending to the throne, Coronation and other such events deemed special or noteworthy.
This year, as HM King celebrates his 84th birthday coincides with his seventh cycle in the buddhist calendar, each cycle being 12 years. You can imagine this will be a major event for a great King who has reached this exalted status. It is anticipated a major amnesty for all to enjoy this event across the nation.
These are done and prepared by the government on behalf of the Royal Family and subject to confirmation from the office of the King.
Amnesties differ widely and no two are the same in their content. They are awarded according to the crime and different crimes get different levels of amnesties. Drugs draws the lowest amnesty every time even behind murders, Paedophiles, rapes etc. When the amnesty is announced for example they may say a murderer gets 1 year in 4 or part thereof for exemplary class, I in 5 for very good class, 1 in 6 for good class etc etc. A drug case may start at 1 in 7 for exemplary class, 1 in 8 for very good class etc etc. Fraud can be 1 in 2 for excellent class, 1 in 3 for very good and so on and on it goes.
They have big and small amnesties depending on the importance attached to the occasion. When I was given amnesty for the Kings accession to the throne, I was given the highest amnesty which was 1 in 4. My case was under 'old Thai law' and if you recall, it was a charge of alleged possession only, not possession to sell. It was not classed therefore as a drugs case at all or I could not have drawn this amnesty. Drugs cases started at 1 in 9. that year.
Also special circumstances take priority for all cases. Those with final stage AIDS, elderly inmates, those with missing limbs of two or more, terminally ill etc and those with less than one year left of their sentence will be released first. It all must be concluded within thirty days of its announcement. The announcement sometimes can be a couple of weeks after the occasion/event.
Prisoners enter the system with satisfactory class. There are six classes. very bad, bad, satisfactory, good,very good and exemplary. A prisoner will get 1 day per month from his sentence for good class, two days for very good etc. Very bad etc get nothing. These days are deducted from the sentence and given by the prison authorities. These are nothing to do with amnesties and should not be confused. A bad or very bad class is given for attempted escape, extreme violence, drugs, mobile phones in jail etc. Behaviour classes upgrades and downgrades are done in January and July. That's twice a year. It takes six months to elevate from one class to another.
A Royal Pardon is a completely different animal. This is a direct appeal to the King himself for leniency due to extreme circumstances of hardship or difficulty. These are rare and take years and years to find their way through at least 15 government departments with all the red tape involved before even arriving at the office of the King. Lawyers who tell you they have inside fastrack methods are more interested in stealing your money than helping you or your friend. Many of these appeals go unanswered, some are lost in the system and many not worth the paper they are written on. My Royal Pardon appeal, with a complete denial of guilt and new evidence was submitted in 2008 and I still have had no answer even though I used one of the top Bangkok law firms. As you are all aware, my wrongful sentence and incarceration has now passed and sentence served. I am free but not innocent under their law and will continue to fight this injustice.
Finally, any person who is appealing to a higher court will receive nothing, no good behaviour days and no amnesty as the case is classed as unfinished.
After a couple of enquiries not just here but in e mails, I will try to explain the complex way amnesties are given in Thailand for those who have friends incaracerated and hope it is helpful.
You guys will be told all kinds of rubbish on your visits by your friends and boyfriends. They are not necessarily lying, just misinformed by jailhouse lawyers and old lags that wish to appear knowledgeable.
Amnesties are given on joyous and celebratory occasions. They are not given for sad occasions such as deaths. Another common story circulating if the present monarch passes away, all prisoners will be set free. They will say it is in the constitution that a prisoner cannot serve their sentence under two Kings.I heard it all. It's nonsense but those in jail,desperate for good news will believe anything that anyone says.
Amnesties are given on behalf of both the King and Queen and include special birthdays, ascending to the throne, Coronation and other such events deemed special or noteworthy.
This year, as HM King celebrates his 84th birthday coincides with his seventh cycle in the buddhist calendar, each cycle being 12 years. You can imagine this will be a major event for a great King who has reached this exalted status. It is anticipated a major amnesty for all to enjoy this event across the nation.
These are done and prepared by the government on behalf of the Royal Family and subject to confirmation from the office of the King.
Amnesties differ widely and no two are the same in their content. They are awarded according to the crime and different crimes get different levels of amnesties. Drugs draws the lowest amnesty every time even behind murders, Paedophiles, rapes etc. When the amnesty is announced for example they may say a murderer gets 1 year in 4 or part thereof for exemplary class, I in 5 for very good class, 1 in 6 for good class etc etc. A drug case may start at 1 in 7 for exemplary class, 1 in 8 for very good class etc etc. Fraud can be 1 in 2 for excellent class, 1 in 3 for very good and so on and on it goes.
They have big and small amnesties depending on the importance attached to the occasion. When I was given amnesty for the Kings accession to the throne, I was given the highest amnesty which was 1 in 4. My case was under 'old Thai law' and if you recall, it was a charge of alleged possession only, not possession to sell. It was not classed therefore as a drugs case at all or I could not have drawn this amnesty. Drugs cases started at 1 in 9. that year.
Also special circumstances take priority for all cases. Those with final stage AIDS, elderly inmates, those with missing limbs of two or more, terminally ill etc and those with less than one year left of their sentence will be released first. It all must be concluded within thirty days of its announcement. The announcement sometimes can be a couple of weeks after the occasion/event.
Prisoners enter the system with satisfactory class. There are six classes. very bad, bad, satisfactory, good,very good and exemplary. A prisoner will get 1 day per month from his sentence for good class, two days for very good etc. Very bad etc get nothing. These days are deducted from the sentence and given by the prison authorities. These are nothing to do with amnesties and should not be confused. A bad or very bad class is given for attempted escape, extreme violence, drugs, mobile phones in jail etc. Behaviour classes upgrades and downgrades are done in January and July. That's twice a year. It takes six months to elevate from one class to another.
A Royal Pardon is a completely different animal. This is a direct appeal to the King himself for leniency due to extreme circumstances of hardship or difficulty. These are rare and take years and years to find their way through at least 15 government departments with all the red tape involved before even arriving at the office of the King. Lawyers who tell you they have inside fastrack methods are more interested in stealing your money than helping you or your friend. Many of these appeals go unanswered, some are lost in the system and many not worth the paper they are written on. My Royal Pardon appeal, with a complete denial of guilt and new evidence was submitted in 2008 and I still have had no answer even though I used one of the top Bangkok law firms. As you are all aware, my wrongful sentence and incarceration has now passed and sentence served. I am free but not innocent under their law and will continue to fight this injustice.
Finally, any person who is appealing to a higher court will receive nothing, no good behaviour days and no amnesty as the case is classed as unfinished.