Bahraini Footballer, Hakeem Araibi, Pending Extradition or Release- RELEASED Bahrain withdrew extradition request

‘Human error’: Border Force admits it forgot to send crucial email in Hakeem al-Araibi case [Sydney Morning Herald, Monday, 18.02.2019, Bangkok Post 18.02.2019]

The Australian Border Force has admitted “human error” by its officers resulted in police being unaware that footballer Hakeem al-Araibi was a refugee before he was issued with a red notice and detained in Bangkok for more than two months.

Stuck in the middle over Araibi affair [Bangkok Post, Monday 18.02.2019] Views of Director General of the Office of Director General.

Among those involved in the case of Bahraini refugee footballer, Hakeem al-Araibi, which culminated in his return to Australia, was Chatchom Akapin, director-general of the Office of the Attorney General (OAG)’s International Affairs Department,who admits staff were worried about how it would turn out.

“Bahrain asked to have Hakeem extradited to face prosecution by showing evidence he committed the wrongdoing and had been convicted by the court,” Mr Chatchom said.

“We considered this fell into the criteria where we could assist in line with legal principles so we filed the case with the court,” he said.

As soon as Araibi’s detention became public, the Australian government made it clear that it had granted him refugee status and he should be released immediately according to United Nations protocol.

“We considered that this point was irrelevant as the wrongdoing had been committed before he was granted the refugee status in Australia,” counters Mr Chatchom.

The court was then scheduled to hear the case on April 22.

However, the department was later informed by the Foreign Ministry that Bahrain was no longer interested in pursuing the extradition of Araibi, Mr Chatchom said.

This prompted the prosecution to withdraw its request to have him extradited to Bahrain.

According to the director-general, extraditions are enacted either according to bilateral treaties or by reciprocal approaches. More than 10 countries in Europe and Asia have extradition treaties with Thailand.

For those without extradition treaties, they need to inform the Thai authorities that they would offer the same assistance if requested by Thailand, he said, adding Bahrain had made this promise to Thailand.

He conceded the country had never faced an extradition request against an individual who had been granted refugee status.

“It is more common to see two countries compete for suspects to be extradited to face prosecution in their nations,” Mr Chatchom said.

“On average, we receive about 10 extradition requests every year,” said Mr Chatchom, adding the number of requests has risen for cases linked to economic crimes, including hacking offences, fraud and call centre scams.

Other cases tend to concern homicide, narcotics and terrorism, he said.

Thailand itself has, at times, sought the extradition of suspects hiding in foreign countries for similar offences, he said without elaborating on which nations these requests had been made to in the past. “The extradition process takes time, particularly paperwork where translation is needed,” Mr Chatchom said.

According to him, Thailand has extradited suspects to foreign countries more often than it has sought to forcibly repatriate Thai nationals. This may be because foreigners who commit crimes often flee to Southeast Asia, he noted.

“This year, the number of extradition cases [we are dealing with] is more than in previous years,” Mr Chatchom said. “All the cases are being processed in line with the law.”

In Asean, Thailand has extradition treaties with Malaysia and Cambodia. Malaysia, he said, has extradited various suspects to Thailand, including those behind the bombing in Bangkok’s Soi Pridi Banomyong in 2012.

Whether or not suspects can be extradited depends on the legal systems of the countries involved, Mr Chatchom said.

“Some cases take years,” he said, referring to Thailand’s pursuit of Rakesh Saxena, who was convicted of embezzlement from the Bangkok Bank of Commerce, and whose extradition proceedings lasted 13 years. He was finally extradited from Canada to Thailand in 2012.

Refugee footballer makes triumphant return to Australia [Bangkok Post, 12.02.2019]

Refugee footballer Hakeem al-Araibi made a triumphant return to Australia Tuesday, ending a two month ordeal that saw him jailed in Thailand and threatened with forced return to his native Bahrain.

Bahrain values Thai ties, says FM [Bangkok Post, Wednesday 13.02.2019, The Nation, 13.02.2019]

Foreign Minister Don Pramudwinai says good relations between Thailand and Bahrain helped extricate Thailand from the controversy surrounding the Bahraini extradition request for footballer Hakeem al-Araibi, who has refugee status in Australia.

Mr Don said the Bahraini government values the relationship between the two countries, and did not want the Thai government subjected to pressure and criticism from the international community, and did not want the issue to be prolonged.

BNA: Before Bahrain dropped extradition request, Thai Minister of Foreign Affairs Don Pramudwinai met with Crown Prince Salman of Bahrain. They discussed bilateral relations between Bahrain and Thailand and reviewed areas of mutual interest. [Bahrain News Agency, Sunday 10.02.2019]

* Compiler’s note: It is highly likely that in these negotiations, the two countries somehow agreed to resolve the issue of Hakeem.

Refugee footballer to be freed after Bahrain drops extradition [Bangkok Post, Monday 11.02.2019, Sydney Morning Herald 11.02.2019, BBC 11.02.2019, Khaosod English 11.02.2019, Nation 11.02.2019]

The Criminal Court has freed refugee footballer Hakeem al-Araibi after Bahrain dropped its extradition request, a public prosecutor said on Monday, following a global outcry over the risks he faced if sent back home.

The Criminal Court has freed refugee footballer Hakeem al-Araibi after Bahrain dropped its extradition request, a public prosecutor said on Monday, following a global outcry over the risks he faced if sent back home.

Araibi’s lawyers mull new bail bid [Bangkok Post, Monday 11.02.2019]

The legal team representing Hakeem al-Araibi, 25, is considering filing a new bail request for the refugee Bahraini footballer on Wednesday 13 February, Nadthasiri Bergman, one of the lawyers in the team said on Sunday 10 February.

The Criminal Court denied the old bail last Monday.

Australia: We did not issue red notice for al-Araibi [The Phuket News, Thursday 07.02.2019, Australian Embassy Thailand, 07.02.2019]
The Australian Embassy in Bangkok released a statement today (February 7) stating that, contrary to recent reports, Australia never issued a Red Notice against refugee football player Hakeem al-Araibi who has been held in a prison in Bangkok since travelling to the country from Australia for his honeymoon in November 2018. [Emphasis Added by compiler]
Please read the Statement on Interpol red notice issued against Hakeem
*Note by Compiler: This may be due to the Thai MFA Statement  that used the words ” we would not have become involved in the issue had we not received the  red notice alert from the Australian Interpol”.    Media Sources released articles on 6 February, below,  that the red notice was issued by Australia.

Araibi in jail until August [Bangkok Post, Thursday 07.02.2019]

A refugee Bahraini footballer arrested in Thailand while on vacation from his new home in Australia could remain in jail until August while a court decides on an extradition request from Bahrain, a deputy spokesman for the Office of the Attorney-General said on Wednesday 6th February.

This article has a summary of the positions of Thailand, Bahrain and Australia in an infographic.

Thai Government blames Australia for arrest of refugee Bahraini footballer [Bangkok Post,Wednesday, 06.02.2019, Sydney Morning Herald 06.02.2019 The Straits Times 06.02.2019, Spring News (Thai Language), 06.02.2019]

The Foreign Ministry defended on Wednesday its arrest of a Bahraini footballer with refugee status in Australia, saying officials only detained him because Australian authorities sent (or in other media sources “issued”) an Interpol “red notice” after he boarded a plane to Bangkok.

The Thai MFA Statement used the words ” we would not have become involved in the issue had we not received the had we not received the red notice alert from the Australian Interpol”.

Thailand rebuffs Australia’s plea to free Bahraini refugee footballer [Bangkok Post, Tuesday 05.02.2019, Thairath (Thai Language) 05.01.2019, MFA Full Statement 06.02.2019]

The Thai foreign minister said Australia and Bahrain should resolve the issue in discussions between themselves, while the tourism and sports minister said the government would not put pressure on the Criminal Court in making its decision on the fate of the refugee incarcerated in Bangkok since November 27, 2018.

Australia urges Thailand to use its powers to free Hakeem al-Araibi [The Guardian, Tuesday 05.01.2019, The Nation 04.01.2019, Australian Embassy in Thailand 04.02.2019]

The Australian government has renewed demands for the release of Hakeem al-Araibi after the Thai prosecutor publicly confirmed the government has the power to set him free, regardless of the extradition process.

Please read the Statement by Australian Ambassador

Thailand: Throw out extradition case against refugee Hakeem Ali al-Araibi [Amnesty International, Monday 04.02.2019]

Amnesty International’s Thailand campaigner, Katherine Gerson, said:

“The Thai authorities should stop all proceedings relating to this absurd, cruel and cynical extradition request. It is well known that Hakeem survived torture in Bahrain and that his relatives continue to face persecution there. Hakeem and his wife have found sanctuary in Australia; he should not spend another day in detention and should be allowed home, to Melbourne, immediately…”

“This case has made global headlines and shocked the world. As they previously did for Saudi refugee Rahaf Mohammed, the Thai authorities now have a chance to show their commitment to protecting refugees by releasing Hakeem and tossing out Bahrain’s extradition request. To honour the request would blatantly violate international law.”

Bahrain MOFA statement on case of Hakeem Al Araibi [ Bahrain MFA, Sunday, ” 03.02.2019, Bahrain News Agency, 03.02.2019, Khaosod (Thai Language], Tuesday 05.02.201, Thairath 05.02.2019]

The Ministry of Foreign Affairs of Bahrain has issued a statement. Bahrain issued an international arrest warrant because Hakeem al-Araibi was charged under a number of offences under Bahraini law. He has violated the terms of his bail and fled. [Own Summary]

Court to begin footballer extradition hearing Monday [Bangkok Post, Saturday 02.02.19, The Nation 02.02.19, BCC Thai (Thai Language) 02.02.19]

The Criminal Court on Monday is set to begin hearing the attorney-general’s request to extradite Bahraini football player Hakeem al-Araibi, who was detained in Bangkok during his honeymoon.

Request for Bahraini footballer’s extradition reaches court [Bangkok Post, Friday 01.02.2019]

Prosecutors on Friday asked the Criminal Court to approve the extradition of detained refugee footballer Hakeem al-Araibi to Bahrain. His lawyer said she would oppose it.

Although Thailand and Bahrain do not have a mutual extradition treaty, prosecutors asked the court to approve the request because Bahrain promised reciprocal treatment of Thais in future.

The extradition could also be approved because Araibi’s offences were also illegal under Thai law, with a jail term of more than 12 months, and were not a political or military offence.

Araibi’s handover order under study [Bangkok Post, Friday 01.02.2019, The Nation  01.02.2019,  Khaosod English 31.01.2019]

Prosecutors are considering whether Bahrain’s request for the extradition of a detained football player meets criteria under the Thai extradition law, Chatchom Akapin, director-general of the Office of the Attorney-General (OAG)’s international affairs department, said on Thursday.

If the extradition request meets the legal criteria, the OAG will forward it to the court for consideration before a 60-day detention period for Hakeem al-Araibi, the football player, expires next week, Mr Chatchom said.

If the OAG submits the extradition request to the court but the government decides against the extradition, the OAG will have to withdraw the request from the court, Mr Chatchom said, adding the government has the authority to turn down the extradition request based on considerations of international relations.

When the 60-day detention period expires, the court will release him anyway, Mr Chatchom said, adding the OAG can also inform the court that the extradition request does not meet the criteria so the court will release the detained football player.

Australian PM asks Thailand to free detained soccer player [Washington Post, Tuesday 29.01.2019, Bangkok Post 29.01.2019]

Australian Prime Minister Scott Morrison has urged Thailand to stop the extradition to Bahrain of a detained soccer player who has refugee status in Australia, his office said Tuesday.

The wife of footballer also requests Gen. Prayut to release his husband on Wednesday 30 2019.

Bahrain files extradition papers for footballer-refugee [Bangkok Post, Monday 28.01.2019]

Bahrain’s government has submitted documents for the extradition of Hakeem al-Araibi, a Bahraini refugee footballer held in prison in Thailand.

Fifa to Prayut: Release Bahraini footballer [Bangkok Post, Friday 25.01.2019, [Bangkok Post 24.01.2019, The Nation 24.01.2019, The Guardian 24.01.2019, Sky Sports, Chiang Rai Times]

World football’s nominal leaders have asked Prime Minister Prayut Chan-o-cha and the government to release the Bahraini football player embroiled in extradition proceedings despite having refugee status in Australia.

In an emailed letter, Samoura asked Prime Minister Prayut “to take the necessary steps to ensure that Mr. AI-Araibi is allowed to return safely to Australia at the earliest possible moment, in accordance with the relevant international standards.

“We strongly believe that this course of action will do justice not only to Thailand’s obligations under international law, but also to basic human and humanitarian values, which we know your country and government hold dear.”

A short clip (towards the end) citing the Convention against Torture and the principle of non-refoulement in Arabi’s case.

Court extends detention of Bahraini refugee [Bangkok Post, Wednesday 5 December 2018]

A refugee footballer from Bahrain has been detained for 12 days by the Immigration Bureau (IB), an official said Tuesday 4 December, as a tug of war commenced over his fate.

Hakeem Ali Mohamed Ali al-Araibi, a former player for Bahrain’s national side, was stopped on an Interpol Red Notice after arriving in Thailand from Australia on Tuesday November 27 2018 for a vacation with his wife.

The 25-year-old was granted refugee status in Australia in 2017 and has spoken out about being arrested and beaten at the start of Arab Spring protests in Bahrain in 2012. Araibi plays for the Melbourne Pascoe Vale Football Club, a semi-pro team in the National Premier Leagues Victoria.

He was convicted in absentia on charges of vandalising a police station but said he was out of the country playing in a match at the time of the alleged offence.