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BANGKOK 18 April 2019 23:21
Our Man in the Tropics

Can Consulate Personnel be sued under Civil Law of Thailand for wrongs committed, in Consulate [ not Thailand Consulate ] against Visitor ?

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Can Consulate Personnel be sued under Civil Law of Thailand & other "applicable" Laws for Wrongs -- e.g.s defamation, & non-justifiable threats -- committed in Consulate based in Thailand [ not Thailand Consulate ] against Visitor ?

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No

 

Next...

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Once an Aus, friend of mine asked a local employee in the Aus. embassy if she had a visa and a wok permit to work in Australia.

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2 minutes ago, VocalNeal said:

Once an Aus, friend of mine asked a local employee in the Aus. embassy if she had a visa and a wok permit to work in Australia.

Sorry,- but this anecdote is not related to this topic ?

 

No disrespect, of course, to you.

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Posted (edited)

Basically the premises of the consulate are not subject to law of the host country.

https://en.wikipedia.org/wiki/Extraterritoriality

If the person has full diplomatic status there is no chance to sue for the mentioned cases like defamation/threat. Only a few exceptions for other matters. Often simplified as " diplomatic immunity". Even consular staff has an exceptional status.

It's a complicated matter and you would need a lawyer experienced with this.

https://en.wikipedia.org/wiki/Vienna_Convention_on_Diplomatic_Relations

 

Question: was the person a member of the consular staff or even diplomatic staff?

Edited by KhunBENQ

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I thought it was as local consulate staff work in the country of that embassy and as such then may not be subject to local laws. 

 

You could try the laws of the country of the consulate but are foreigners subject to their laws?

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1 minute ago, VocalNeal said:

You could try the laws of the country of the consulate

Formally that should work.

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Posted (edited)

Surely diplomatic immunity is STRICTLY given to only certain individuals ?

 

From my research vis-a-vis international discussions on Diplomatic Immunity some time ago,- I gather that Consulates are not locations that protect any & all staff with Diplomatic Immunity just on the basis of it being a Consulate ;

Please feel free to correct this theory vis-a-vis the general international view ;

 

Moreover,- I am interested in Thailand's laws on this topic ;

And,- I am very interested in legal precedents that have succeeded or failed for individuals & / or others in suing Consulates & / or INDIVIDUAL Personnel of Consulates.

 

I trust that this is a most stimulating topic for all nationalities everywhere.

Edited by Our Man in the Tropics
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Posted (edited)

And,- I recollect that there are different levels of Diplomatic Immunity & "Associated" Protections for certain personnel employed by Embassies & / or Consulates & / or by proxy for the Embassies & / or Consulates [ There is the notion that Chancery Staff ( non-nationals of the particular country's Embassy / Consulate ) can be personally employed by the Consul, say, rather than the Consulate ].

 

THINK !

Consulate address is the scene of the Wrongs committed upon the Visitor ;

 

1_

Surely, the legitimate option is there for the Visitor to sue separately :

 

1_1_

the Consulate > Department of Foreign Affairs of that country through Thailand's Laws ?

 

1_2_

the Consulate > Department of Foreign Affairs of that country through that country's Laws ?

 

1_3_

the INDIVIDUAL Personnel through Thailand's Laws ?

 

1_4_

the INDIVIDUAL Personnel through that Country's Laws [ if the Personnel have residence rights & / or citizenship of that country ] ?

 

 

Edited by Our Man in the Tropics
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Was the offender a citizen of the consulate country or Thailand? Never mind your premise is too vague and you seem to be well informed already.

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Posted (edited)

Ref.

Link given by KhunBenQ above

Post # 6

https://en.wikipedia.org/wiki/Vienna_Convention_on_Diplomatic_Relations 

 

Summary of provisions

The treaty is an extensive document, containing 53 articles.

The following is a basic overview of its key provisions.[2]

 

  • Article 9.
  • The host nation at any time and for any reason can declare a particular member of the diplomatic staff to be persona non grata.
  • The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity.
  •  
  • Article 22.
  • The premises of a diplomatic mission, such as an embassy, are inviolable and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property.
  •  
  • Article 24
  • establishes that the archives and documents of a diplomatic mission are inviolable. The receiving country shall not seize or open such documents.
  •  
  • Article 29.
  • Diplomats must not be liable to any form of arrest or detention.
  • They are immune from civil or criminal prosecution,
  • though the sending country may waive this right under Article 32.
  •  
  • Article 31.1c
  • Actions not covered by diplomatic immunity:
  • professional activity outside diplomat's official functions. ; ? ? ?
Edited by Our Man in the Tropics
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Posted (edited)
31 minutes ago, KMartinHandyman said:

Was the offender a citizen of the consulate country or Thailand? Never mind your premise is too vague and you seem to be well informed already.

Clearly,- I have posed this post towards the HYPOTHETICAL Case of Consulates & / or INDIVIDUAL working in those Consulates IN Thailand ;

 

Again, lest a reader misapprehend the reality,- a Consulate "in" Thailand is NOT a Thailand Consulate ;

Rather,- they are Consulates representing respective Foreign Countries [ NOT Thailand ]

 

I am a little informed only ;

 

My reasoning is very much guided by mankind's civilised sense of natural justice ;

And,- natural justice is the penultimate plea that lawmakers refer to when justifying laws.

Edited by Our Man in the Tropics
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6 minutes ago, KMartinHandyman said:


So it’s a hypothetical troll post,,got it!

Nay !

It is NOT a "hypothetical troll post".

 

Rather,- it is a REAL post about a HYPOTHETICAL Situation ;

And,- u betcha that this HYPOTHETICAL Situation is most relevant to all decent "un-connected" visitors to Consulates.

 

Ur language, & indeed attitude, is NOT diplomatic ... regrettably.

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