TRANSNATIONAL ORGANIZED CRIME IN

Sittipong Tanyapongpruch*

I. INTRODUCTION encounters the full scale of criminal activities in the illegal drug trade, from Crime is unwanted in every society, producing, trading, smuggling and the but it seems that crime inevitably exists wide use of illegal drugs among Thai in every country. No matter how hard we people. Illegal drugs and narcotics try to suppress, prevent or eliminate popularly used in Thailand are crime, we still hear reports of crimes methamphetamine or “speed pills”, every day everywhere in this modern heroin, cannabis, opium, ecstasy and world. Moreover, some of the criminals cocaine. Heroin is the most dangerous nowadays have changed their activities drug and is very popular. However, the and taken advantage from the progress of Narcotic Suppression Office has tried easy communication and transportation. very hard to arrest and prevent the They organize and build up their trafficking and smuggling of heroin. In networks and spread their activities recent years we have seen the decreasing across the borders of countries. Only significance in the trafficking of heroin minor crime seems to happen in but we have seen an increase in individual countries while serious crime producing and trafficking of has become borderless and transnational methamphetamine or speed pills instead. in nature. Thus, the impact of their The reasons are that speed pills are activities is greater than before and easier to produce and more difficult to usually involves more than one country. catch. With a simple machine easily found in markets and a vehicle like a Organized criminal groups in Thailand minivan which can be modified to be a exist in many forms and engage in many mobile factory. To make the situation activities. Thai criminals join with much worse, people tend to have a wrong foreign criminals and operate illegal attitude that speed pills are not as activities in Thailand which have a dangerous as heroin. All of these factors impact in other countries. They are well allow speed pills to penetrate schools and organized and difficult to detect. The universities and every section of society. examples of such transnational organized Students use speed pills, believing that crime activities in Thailand are as they can stay up all night long preparing follows. for examinations and they will never become addicted to them. Truck drivers II. SPECIFIC CRIMES IN THAILAND use speed pills in order to be able to work all day long without exhaustion. Thus, A. Drug Related Crimes there is news of methamphetamine The most serious criminal problem in traffickers having been arrested everyday Thailand is illegal drugs trafficking. with more than one hundred thousand Thailand is one of the countries that pills seized at a time. The manufacturing plants for speed pills are located along * Judge, Central Intellectual Property and the Thai-Burma border. The chemical, International Trade Court, Thailand namely “Ephedrine” used as the

601 RESOURCE MATERIAL SERIES No. 59 precursor, is smuggled from the Southern charges of falsifying and using official border of China down to the Thai-Burma documents to smuggle Thai women to border. The Thai intelligence service Hong Kong for prostitution. estimates 600–700 million speed pills would be produced this year (2001) inside C. Illegal CD Copying Burma. Forty million methamphetamine Copyright infringement is also another pills are ready for gradual smuggling into practice that many people are involved in Thailand. On July 13, 2001 the Thai and can get very good rewards. The cost Army patrolling the border clashed with of producing an infringed CD is just only the smugglers, seizing about 2.6 million 20 baht or almost 50 cents but it can be pills. One Thai soldier was killed in the sold at 150 baht or almost US$3. clash. Meanwhile, the narcotics police Moreover, the machines and materials to seized 74 kilograms of heroin and seized produce the infringed CDs are not nearly 90 million baht ($2 million) in cash difficult to obtain while the CDs can be and bank deposits. The drugs were produced in a large number in a rather smuggled from laboratories in Pangsang, short period of time. The infringed CDs Burma’s Northern , through are sold not only in Thailand but also in Laos to Chiang Saen district in Chieng the neighboring countries, such as Laos, Rai, Thailand. The drugs were seized in Cambodia, Burma and Malaysia. and were believed to be destined Recently, the police and customs officers for the United States. The suspects were have seized the infringed CDs disguised placed under police surveillance for some as export goods to Mexico. time before the arrest. They were also known by the Thai and US Drugs D. Money Laundering Enforcement Administration to have The Office of Anti-Money Laundering close ties with Wei Hsueh-kang, a has been set up after the Money fugitive drugs warlord, who heads Laundering Control Act B.E. 2542 (1999) methamphetamine production in the came to effect. After only 9 months of United Wa State Army in the Shan State. operation, the amount of money it has confiscated is more than 240 million baht. B. Prostitution It is believed that much more money is The expansion of the city and changing being laundered in Thailand. of the Thai society from an agricultural to industrial society has accelerated the E. Illegal Firearms Trafficking practice of prostitution. Many of the Geographically, Thailand is located women and children have been lured to among the neighbor countries that have be prostitutes in the big city such as political unrest in their countries i.e. Chiengmai, Ubonrathchatanee, Hatyai, Burma and Cambodia. In the past 10 and Bangkok. However, many years, a number of firearms have been foreign women from Eastern European smuggled in and out of Thailand into countries are also coming voluntarily to those two countries. Firearms control in work as prostitutes in Thailand. Thailand seems to fail. Many of the 400,000 handguns imported since 1995 On the other hand, there is also a gang were brought in on fake import licenses. supplying Thai women to foreign Guns imported on fake licenses were countries for prostitution. On July 18, mainly sold to third parties. This illicit 2001 three Thai men posing as but highly profitable business was a parliamentary officials were arrested on

602 119TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS major obstacle to the suppression of Malaysia and Singapore have been crimes. smuggled for sale in Thailand.

F. Human Trafficking H. Financial and Securities Fraud The growth and development of On July 26, 2001, a total of 85 Thailand in the past 10 years, compared foreigners and 17 Thais were arrested at to neighboring countries, have induced the offices of the Brinton Group and foreign people to make every effort to Benson Dupont Capital Management, migrate to Thailand. Some of them, two companies accused by securities mostly Chinese, try further to make their regulators of running unlicensed way to a third country illegally with the securities services and defrauding foreign help of organized crime gangs. Firstly, investors. Total damages incurred by the criminal networks that help send foreign investors were estimated at 300 people into a third country will send their million Australian dollars or 6.9 billion people into Thailand to operate as a baht. The raids were led by the Securities travel agency in order to disguise their and Exchange Commission, Anti-Money operations. The travel agency, then, Laundering Office, economic crime brings in foreign tourists, mostly Chinese suppression police, immigration and who later on will jump their visa, stay in labor officials with the co-operation in Thailand and wait for a new passport. investigation of the US Federal Bureau of The travel agency will get the real Investigation and the Australian Federal passports from many countries, e.g. Police. The foreign suspects included 30 Singapore, Japan, Thailand, , etc. Englishmen, 14 Americans, 10 Irish in the amount of 15,000–35,000 baht per nationals, 10 Australians, 6 Filipinos, 5 passport. For someone who already has a Canadians, 2 Singaporeans, and one visa the cost is about 100,000–200,000 person each from Burma, Jamaica, baht. Then, the travel agent will change Liberia, New Zealand, Malaysia, Spain, the photos in these passports into the Scotland and India. This is the largest photos of the immigrants. Each case of its kind in Thailand. immigrant needs to study Japanese, English or the Korean language The criminal nowadays is getting more depending on what passport he shall get. complex in terms of activity and Then, a group of immigrants is ready to organization. People involved in an travel to the destination country. organized criminal group are of many Obviously, the proceeds in this activity nationalities. They may plan in one state are quite large. to take action in another state. However, every domestic law of every country is G. Smuggling of Stolen Vehicles applicable within its jurisdiction only. It Many vehicles, particularly pick-up is almost impossible for one state alone to vans and motorcycles, in Thailand are combat against such transnational stolen everyday and have been smuggled organized crimes. In Thailand there are to Cambodia, Burma and Laos. The many laws and regulations which are stolen vehicles are sold at a very cheap outdated and have not been amended to price. The vehicles are stolen at night and deal with this new kind of organized are driven to the border the next morning criminal group. A lack of sharing with fake license plates and then they are information among law enforcement taken across the border. However, there agencies has been seen as one obstacle are reports that some vehicles stolen from

603 RESOURCE MATERIAL SERIES No. 59 where our officers need to improve their 2. To receive the request seeking performance. assistance presented by the agency of the Royal Thai Government and deliver to the Requested State; II. MEASURES TAKEN TO STEP UP 3. To consider and determine whether to INTERNATIONAL COOPERATION provide or seek assistance; A. Cooperation in Criminal Matters 4. To follow and expedite the Among States performance of the Competent A better way of combating organized Authorities in providing assistance to crime is to prevent it from occurring a foreign state for the purpose of instead of suppressing it. To guarantee expeditious conclusion; successful crime prevention, the accuracy 5. To issue regulations or announcements of information is a vital part of the for the implementation of this Act; operation. Since each law enforcement 6. To carry out other acts necessary for agency in every country still works the success of providing or seeking independently within its jurisdiction, assistance under this Act. combating transnational organized crimes shall never be successful without The assistance that may be rendered is co-operation between the states in as follows: sharing information and other matters needed to get the criminals brought to 1. Taking statements from persons, justice. providing out of court documents, articles and evidence; The Act on Mutual Assistance in 2. Serving documents, searching and Criminal Matters B.E. 2535 (1992) has seizing of documents or articles; been enacted in order for law enforcement 3. To locate a person; to be able to co-operate with foreign 4. Taking the testimony of witnesses; authorities in these matters when 5. Forfeiture or seizure of properties; requested. The “Assistance” means 6. Transfer of persons in custody for assistance regarding investigation, testimonial purposes; inquiry, prosecution, forfeiture of 7. Request for initiating criminal property and other proceedings relating proceedings. to criminal matters. The Office of the Attorney General shall be the central B. Extradition authority that has the authority and To prevent any criminal from escaping function to be the coordinator in from justice, no matter how far the providing assistance to a foreign state or criminal runs, the law shall be able to get in seeking assistance from a foreign state him brought back to justice. The most under this Act. effective tool to get the runaway criminal from another state is to ask the authority The duties of the central authority are in such state to send him back home for as follows: trial. This is known as extradition. Thailand has had an Extradition Act 1. To receive the request for assistance since B.E. 2472, since 1929. The person from the Requesting State and accused or convicted of crimes committed transmit it to the Competent within the jurisdiction of other States Authority; may be sent to such States, provided that by the such crimes are

604 119TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS punishable with imprisonment of not less Office also has the power to gather than 1 year. In addition, Thailand also evidence for the purpose of taking legal has bilateral agreements with Belgium, proceedings against offenders of predicate the Philippines, Indonesia, the United offences, which is any offence: Kingdom and the United States of America. Thailand has extradited one 1. relating to narcotics; Thai politician alleged of sending tons of 2. relating to sexuality in respect of cannabis to the US. Recently, Thailand procuring, seducing or taking away has requested the extradition of one for an indecent act a woman and child executive of a financial company alleged for sexual gratification of others, to have committed financial fraud in offence of taking away a child and Thailand from the UK but the result was minor; not successful. 3. relating to public fraud; 4. relating to misappropriation or fraud or exertion of an act of violence III. MEASURES TAKEN TO against property or dishonest conduct IMPROVE RELATED LAWS AND under the law governing financial REGULATIONS institutions; A. Measures Against Drug 5. of malfeasance in office or judicial Trafficking office; The Act on Measures for the 6. relating to extortion or blackmail Suppression of Offenders in Offences committed by claiming an influence of Relating to Narcotics B.E. 2534 (1991) is a secret society or criminal enacted with the objective to cut the association; growing trade in narcotics by seizing any 7. relating to smuggling under the property related to the narcotic offences customs law. and any tools, machines, transportation vehicles and properties used for C. Capital Punishment committing narcotics offences. Property On July 26, 2001 the Criminal Court related to narcotics offences means sentenced 19 drug traffickers to death money, proceeds received in relation with and two others to life in five different the narcotic offences including any cases involving over 2 million property derived from such proceeds or methamphetamine pills and 9 kilograms money. All of the seized properties and of heroin. Only 5 days later, the Criminal proceeds shall go to the Narcotic Court sentenced another 14 drug Suppression Fund for use in the traffickers to death. They were charged suppression of such crimes. with the possession of methamphetamine to the total of 450,000 pills and 30 B. Anti Money-Laundering Law kilograms of heroin. The death penalty In 1999, the parliament enacted the has been a hot issue for debate among “Money Laundering Control Act B.E. lawyers in Thailand about its 2542 (1999)” in order to combat money justification for combating crime. It is not laundering practices. The Act requires so long ago that the government amended the financial institutions to report every the narcotics law by changing transaction in the amount exceeding 2 methamphetamine from a stimulant million baht to the Office of the Money substance to a narcotic. The result is that Laundering Control for investigation. The the traffickers shall face capital punishment. It is submitted that the

605 RESOURCE MATERIAL SERIES No. 59 death penalty is still useful in Thailand overcome such fear. Under the draft bill, although it is argued by the human rights protection will be the responsibility of the activity groups that there is no concrete police to carry out this task until the evidence that the death penalty helps Witness Protection Office is established. decrease crime. There shall be general and special measures for witness protection. In D. Plea Bargaining general cases, the investigator or The concept of “Plea bargaining” is prosecutor, with the request of the quite a new legal concept in Thailand. It witness, may ask the Witness Protection is believed that one who commits the Office to order protection for up to 30 crime deserves to be punished at a days subject to necessity in the case. certain level. However, since criminal However, in an emergency situation, the activities are getting more complex as investigator or prosecutor would be they are organized into groups and their empowered to order the police protection activities go beyond the geographical for their witness for up to 5 days at a border of the state, therefore, the time. The special measures are designed defendant who has been arrested may to apply to cases involving trading in hold some useful information from their narcotics, women and children. The groups which, once revealed, may be Minister of Justice may order special useful to law enforcement to be able to measures for witness protection. The arrest the ring leader. Recently, there is a measures include relocation of a witness discussion of how we shall implement the residence, changing of witness identity plea bargaining concept into Thai laws. and records, as well as providing the There are several studies and seminars living allowances job training for up to 2 about the appropriate solution to years. Both general and special measures implement plea bargaining practices in can be extended to the witness’s spouse, criminal proceedings. It is felt that there parent, children and person in close are some difficulties, since the Thai relationship with such witnesses. criminal procedure allows an injured Although there is a worry about the party to file criminal cases in court. The shortage of budget, this witness use of plea bargaining might have some protection programme is inevitably affect on such injured parties. Therefore, necessary to combat organized crime. it is felt that plea bargaining shall be Moreover, the use of modern technology used only in illegal drug cases where the in trials are also being introduced. To state is the injured party. reduce the fear of witnesses taking the witness stand and confronting the E. Witness Protection Scheme defendant who may be an influential Witnesses in criminal cases normally person or member of an organized crime try to refuse to testify in court against gang, the use of video conferencing where influential suspects, including organized witnesses testify in front of the video criminal groups, in fear of danger to camera in a room separate from the trial themselves and their families which room should be used instead of the result in the dismissal of cases. Every ordinary method. This should make the year, 20% of all criminal cases are thrown witnesses feel more relaxed and out of court because the prime witnesses comfortable to tell the whole truth. The are too afraid to take the stand. The proposed bill to amend the Thai Criminal Ministry of Justice has proposed the Procedure Code for allowing the use of “Witness Protection Bill” in order to

606 119TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS video conferencing is at the scrutiny of the Office of the Council of State.

IV. CONCLUSION Transnational organized crime has spread and done harm to many countries. The cooperation of every state to suppress such crime is important and needs to be established as soon as possible. Moreover, the need of harmonizing the domestic laws in order to make cooperation possible is also vital.

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