The dark side of Thailand (part 3)

By Ronald van Veen
Posted in Opinions
Tags: ,
November 11 2015

Part 1 was about prostitution in Thailand. Part 2 on crime and hatred towards foreigners. After reading the comments I started to doubt myself. Did I not see it all right? Was it criticism without morality? Was I trapped in my own dark side? Mine "third dark side of Thailand” story is about the Thai legal system or what passes for it.

I am 70 years old and have been living alternately in Thailand and the Netherlands for five years now. Am happily married to my beautiful sweet Thai wife. In my working life I have been able to travel a lot. Seen many countries. In this way I also made many (business) friends with whom I still have regular contact. One of my (business) friends, who had heard that I spent a lot of time in Thailand, asked me to visit a business friend of his who was in a Thai prison. After some consideration, I decided to go with this.

Bjorn, let me call him that here, I visited in the notorious Bangkwang prison. Better known to Westerners as “Bangkok Hilton”. Bjorn was 38 years old, sentenced to 20 years in prison. Later commuted to 9 years in prison of which he had now served 6 years. In our first meeting I saw a man totally devastated, severely malnourished, looking around skittish and barely talkative. I promised to come see him again. Eventually I won his trust and he told me his story. Thailand bloggers read and shudder.

Bjorn saw the business opportunities in Asia at an early age. He settled in Hong Kong and served the many companies that wanted to trade with China. He married a Chinese woman and then settled in Shenzhen.

A relationship developed with Thai partners with whom he established a business in Bangkok Thailand. This company was engaged in import – export between Asia and Europe. This venture failed because Bjorn had found his Thai partners to be unreliable. After Bjorn and his Thai partners had been separated for more than a year and a half, one day a letter (in Thai) landed on the doormat of his home in Bangkok.

After someone translated this letter for him, the letter turned out to be from the police with the request to report to an unknown office somewhere in the center of Bangkok. He was unaware of any harm and went to the station at the specified date and time. When he arrived there, he was confronted with a report of fraud and fraud. The declaration was made by his Thai business partners at the time. He was confronted with a number of documents that would show that. He could now speak a word of Thai, but read, he was not that far yet. He didn't understand it.

The police pointed out to Bjorn that he could “buy off” this report. If he was willing to pay 1 million Thai Bath, they would make sure that the declaration was withdrawn. Two reasons that Bjorn could not or did not want to comply. First, he abhorred bribery, and second, he just didn't have the money. The police lowered the price to 500.000 Thai Bath. He also did not want to or could not comply with this.

Subsequently, Bjorn was arrested and transferred to another, unknown agency. There was no official hearing. He was kicked, beaten and beaten from all sides. Especially the kicks in the kidney area were intense. His request for a lawyer and contact with someone from the embassy was met with even more physical violence. The police insisted that the documents were genuine, and no matter what Bjorn claimed, there was no denying it. That was the beginning of the most hellish period in his life that had now lasted six years.

He ended up in Bombat prison. Hell on Earth. The living conditions there were disastrous. He had to live with more than 60 others, mostly foreign prisoners, on 32 square meters. You could never sleep at the same time. It smelled terrible, the air was unbearable.

Everything was cleaned once a month. Insecticides were sprayed over the detainees' heads. The only protection he had was a meager dirty blanket.

He experienced the regime in the Bombat prison as terrible. He described me as a concentration camp. You had to show respect to the guards by being on your knees all the time. If you did not do that or if you did too late, you were beaten with a baton with metal springs. The rice you received was highly contaminated. He lost 10 kilos in a week. After two weeks of stay, he ended up in the prison hospital with a fatal kidney failure.

Meanwhile, someone from the embassy had come to visit him. He arranged a Thai lawyer. He was assured on all sides that he would be released. After a year and a half he came before the Thai court. Without being asked anything, he was found guilty of fraud and swindling. The court sentenced him to 20 years in prison which was later commuted to 9 years which the Thai judge said was due to his full confession. But this is how Bjorn explained to me that he had never made a confession. All his lawyer told him was "be glad you didn't get a life sentence".

With 10 kilograms of chains on his legs, he was transferred to the infamous Bangkwang prison. It could have been worse there. Where there is room for 4.000 prisoners, there are now more than 10.000. Bjorn wanted to appeal, but whatever he did, it was impossible for him to contact the embassy and his lawyer. When they visited him, the term had expired.

Bjorn suffered 6 kidney attacks in the 44 years he has been incarcerated and was in prison hospital 14 times. He no longer counts on the chance that he will leave prison alive.

The moral of this third dark side story about Thailand? Bjorn is convinced that the Thai like to see foreigners convicted. He was sentenced without an interpreter and documents. As a foreigner you have no rights in Thailand.

16 responses to “The dark side of Thailand (part 3)”

  1. Khan Peter says up

    A horrifying story. Although it is always difficult to test whether his account is correct because you only hear it from one side. If you ask convicted criminals if they are guilty, 99% say they are innocent in prison.
    However, it is likely that serious errors are made in the case law. And in a corrupt country like Thailand you are more likely to become the victim of miscarriages of justice. In Thailand you have to buy your rights with money. That is reprehensible, but a fact.
    Prison conditions in Thailand are appalling. How you treat prisoners is clearly an indication of the status of a human being's rights in a particular country

    I therefore do not understand that some expats are sending off to the Netherlands. Of course, enough goes wrong in our little country, but both the rule of law and the prisons show respect for your fellow man, even if he needs to be punished.
    I am therefore glad that I live in the Netherlands.

    • Siamese says up

      And I think how people treat prisoners is also an indication of how civilized or uncivilized as a people one can be and in my opinion they are still quite uncivilized there in this area. With all due respect, this is my opinion.

  2. Tino Kuis says up

    About Thailand's legal system, or what passes for it, I already wrote a story on thailandblog two years ago. My story is completely consistent with what Ronald writes here. Read and shudder.

    https://www.thailandblog.nl/achtergrond/rechtspleging-thailand-de-wetten-zijn-voortreffelijk-maar/

  3. Harry says up

    As so many wrote before me: the only right you have as a farang in Thailand is: get rid of as much money as possible as quickly as possible for the lowest possible return.

    You should only do business with a Thai if you can hit back very hard in case of trouble. The Thai judge is always, always and always on the side of the Thais, unless… hard repercussions can follow from a stronger government agency, eg, protest at BOI, etc. The police always look at which hand the thickest pile of Thai baht is given.

    This is one of the reasons why I will never choose Thailand as a place to stay.

  4. Pat says up

    I think it's time to respond!

    As I know, I usually don't really follow the dark sides or other negative comments that are actually constantly given here about Thailand, but in this case I also have to admit that Thailand is a downright backward country in terms of civilized justice.

    On the one hand, Thailand is a country with many democratic features and freedoms, but it lacks legal certainty and legal equality.

    There is no independence of the judiciary, there is a lot of corruption almost everywhere, fundamental rights are in a bad state and, as far as I know, there is no separation between the different powers.

    I dismiss the recurring sour comments that are given here that the Thai is only out to financially extort the Westerner (tourist, expat, etc.) as nonsense, and if it were the case then this is our own debt.

    If, as a Westerner, you always think and act in terms of money, especially abroad, and you like to radiate that, then you shouldn't be shocked that people in many less financially strong countries will also treat you that way.

    Of course this is no excuse for not giving Western people a fair trial, but that is actually not the case.
    Thai people also do not get a fair trial and if paying money often helps to get out of it, then that is no more than confirmation that money is just about everything.

  5. Cor van Kampen says up

    I already knew those stories. But too late. If you burned everything behind you, I would never have made the decision to live in Thailand with a Thai wife after my retirement.
    I always told her that after my death she had no one in the Netherlands.
    Nothing is less true. If you want to work (we still had our own house) you are still better off socially.
    You do have family here (whatever it means).
    My dream world of Thailand is completely gone. As a foreigner you have no rights.
    If they can screw you, they will. Even if you are still such a good person in the society in which you live.
    They drop you like a brick. At well over seventy I have to live with it.
    Don't be pathetic, but do issue a warning.
    What everyone wants with it, he must know for himself.
    Cor van Kampen.

  6. eddy says up

    Sad story if true.

    I do have some comments though.

    He says “A relationship developed with Thai partners with whom he established a business in Bangkok Thailand.”

    And then: “He could read a word of Thai by now, but he wasn't that far yet. He didn't understand it."

    How can you, as a sensible foreigner, without being able to read a word of Thai, not understanding Thai, just sign contracts and start a business in Bangkok? He was involved in business in Asia early on, so he must know the abuses. Is he stupid enough to just sign contracts without knowing what they say, or did he want to earn some extra money quickly and did he know what he was doing?

    Given his business insider knowledge, his contacts with many companies and China, no, he is not stupid, so I lean more towards, wanted to earn a little more quick and now playing the poor stupid boy.

    • lomlalai says up

      I think you are very quick to make assumptions without any basis, could it be possible that the contracts were drawn up or translated in English?

      • eddy says up

        G'day Lomlalai,

        Contracts are drawn up in the "recognised" languages ​​of the country. Here in Thailand it is Thai. You can always use a translation, but then it's up to you to find a reliable translator, but the original is in Thai.

        My point is, all his life he describes himself as an intelligent entrepreneur, who knows all the tricks of the trade in Asia. Has very good contacts with many international companies, and conducts international trade with China.

        And then suddenly, in Thailand, that all changes. He himself declares that he, with Thai, is starting a business in Bangkok. (Ask OP, what kind of business?) And Lomlalai, would you, with strange Thai people, start a business in Bangkok, sign papers, take responsibility, without knowing the language? Or you have to be very naive to do this, but he himself indicates that he was a very good intelligent entrepreneur.

        I can understand that this can happen, that you have good people who fall into such a trap, that people who have never had a business become infatuated with the promise of a quick buck. But I think he's too smart for that.

        I'm going to ask OP the question, what kind of company it was I BKK. Might also give us more insight. Also his full name, so that we can look up the news reports about it ourselves.

        Best regards,

        Eddy

  7. Mister BP says up

    Indeed, it is never possible to determine exactly what is correct and what is not. That there is a lot wrong in Thailand is certain. But is Thailand an exception to this? I do not think so! I think there are few countries like the Netherlands where so much is well organized (so not everything). I think that it is often thought that the grass is greener on the other side. If people's eyes were opened, we would have had a lot less sourpusses in the Netherlands. In the meantime, I continue to enjoy the relaxing holidays in Thailand. Because that's it; a great holiday destination.

  8. Rick says up

    Another nice realistic piece unfortunately there are 1000 in a dozen of these kinds of stories in Thailand with which I just want to say the suffering has happened faster than you think.
    And before I have the pink Thailand glasses on my neck again, the same money also within the EU, see the story of an elderly couple in Cyprus who paid ignorantly with a false note of 50 euros and have been held hostage on the island for months now. That's how you think you're enjoying a dream vacation and that's how you're in hell. And as discussed before from the Dutch state, you only have to expect the minimum 🙁

  9. Fransamsterdam says up

    A young businessman who first settles in China, marries a Chinese, starts a company in Thailand, moves to Bangkok, leaves the company due to conflicts with partners, and a year and a half later cannot cough up 1 million Baht (then € 22.000) , and half of them don't either, or at least prefer to stick to their principles. I don't believe it one bit.

  10. eddy says up

    Hi Ronald,

    What kind of business did the company do, do you possibly have the name of the company?

    Is Bjorn a nickname? Can you give his full name?

    With this information we can look up more information about the case.

    Best regards,

    Eddy

  11. eddy says up

    Hi Ronald,

    What nationality does Bjorn have? I have prepared an email to send to the Dutch Embassy in Thailand to express my indignation at their conduct in this matter.

    I have my doubts about the matter, but the embassy still has a human and legal duty to ensure a humane existence for people in prison.

    Is it correct that his nationality is Dutch? Before I press send I want to check this.

    If different nationality, it doesn't matter, I just change the email address to the other embassy.

    With this I would also like to call on other people to also contact the "Dutch or if other nationality" embassy. Expressing our outrage here and taking no action makes us equally complicit. FYI, if Dutch, I now use the address: [email protected] . Here you will find all information about the Dutch embassy in Thailand: http://thailand.nlambassade.org/organization#anchor-E-mailadressen

    Can the people who have also sent an email to the embassy pass this on here? Then we have an idea how many people are participating in this promotion. With 275.000 visitors per month, we should easily reach 1000 people.

    To the moderator, I will also ask if the embassy can respond to this topic. They don't have to respond to everyone individually. Please don't close it too soon.

  12. Dennis says up

    I don't get why you all are going to live in a country where you know you are outlaws (having read the opinions here). Then you are either very stupid, or it is something more nuanced than you say.

  13. Martin says up

    Not only foreigners are the victims of the corrupt system… the Thai themselves are also the victims.

    Experienced it myself and made me very angry about it but nothing I can do about it:

    Young woman (family) falls from a moped under a truck ... dead.
    Turns out to be a reasonable death insurance due to a small son of the woman.

    Police papers regarding the accident are required for the insurance to pay out

    Police officer collects a considerable part of the insurance money for the “necessary” papers.

    I was not allowed to report this because then the stragglers would be terrorized by the police.

    That is how it works…


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