Frank G Anderson has sent the following message to the US Embassy in Bangkok today to reiterate concern over probably foreign interference in US-based constitutional freedoms as well as to obtain the State Department's reply to the specific concerns cited.

29 June 2011

 
Legal Affairs Section

Embassy of the United States to the Kingdom of Thailand

Wireless Road, Bangkok

Greetings.

Reference: Research into status and implications of the “Treaty between the government of the United States of America and the government of the Kingdom of Thailand on mutual assistance in criminal matters. Signed at Bangkok, March 19, 1986.”

As part of an academic research project, I would like to ask the State Department/US Embassy whether the above Treaty has been updated, modified, altered or otherwise changed since its signing five years ago.

There are several sections of the treaty that become a matter of concern to lay constitutionalists, but one in particular, Article 1, paragraph 3, stands out. It reads, “ 3. Assistance shall be provided without regard to whether the acts which are the subject of the investigation, prosecution, or proceeding in the Requesting State are prohibited under the law in the Requested State, (boldface emphasis by signer below) or whether the Requested State would have jurisdiction with respect to such acts in corresponding circumstances.”

In essence, this provision seems to indicate that American citizens inside the United States are subject to foreign interrogation, voluntary or otherwise, even if the subject matter includes protected freedom of speech.  

As you may note the issue can have severe implications on the exercise of First Amendment protected speech in the United States. There is clear indication that Thai authorities may have the right to pressure or otherwise obtain cooperation from American persons, formally or informally, through their elected government and its appointed officials, to give testimony related to a Thai investigation that can easily impinge on exercise of First Amendment protected free speech. Thus knowingly or unknowingly these persons could criminally implicate themselves or others in ways that could lead to prosecution, arrest and imprisonment in Thailand, and which could affect the exercise of various freedoms supposedly protected by the Constitution of the United States. The potential for such scenario can be extremely intimidating and likely to prohibit exercise of any or all constitutional rights that American persons are entitled to once such persons become aware that even in America their right to speak can subject them to imprisonment – should they physically fall within jurisdiction of the plaintiff state.

The Department of State’s response to this issue of US government’s permission to the Thai state and its agents to carry on criminal investigations, but specifically relating to those affecting First Amendment provisions, is requested. Your kind confirmation of receipt of this inquiry and timely advice as to when a reply will be provided is hoped for. All Americans expect that their constitution will protect them in meaningful, and where necessary, forceful fashion. Permitting foreign states to assemble agents who are involved in building a criminal case against persons whose crime is merely exercise of the First Amendment – which is not a crime, seems inappropriate. Again, your kind advice in this matter will be thankfully received.

Sincerely,

Frank G Anderson