On 10th July 2019, Minister of Foreign Affairs entrusted H.E. Mr. Thani Thongphakdi, Deputy Permanent Secretary of Foreign Affairs to exchange the Instrument of Ratification with H.E. Mr. Andrii Beshta, Ambassador Extraordinary and Plenipotentiary of Ukraine in the Kingdom of Thailand, at Buakaew Room, Ministry of Foreign Affairs.

 

The negotiation of the Treaty between the Kingdom of Thailand and Ukraine on Mutual Legal Assistance in Criminal Matters (MLAT) commenced in 2005. After the completion of the negotiation, Thailand and Ukraine signed the Treaty in Bangkok on 5th June 2017.

 

Article 20 of the said Treaty, provides that “…[it] shall enter into force on thethirtieth day after the day on which the instruments of ratification are exchanged[.]”. The said Treaty, therefore, will enter into force on 9th August 2019. 

 

The substantive elements of this Treaty are as follows:

  1. The Contracting States agree to provide each other the widest measure of mutual legal assistance in connection with investigations, prosecutions and other proceedings relating to criminal matters, irrespective of whether the legal assistance is sought or to be provided by a court or some other competent authority;

  2. This Treaty shall neither apply to the arrest or detention of any person with a view to extradite such person, nor to military offences;

  3. The Requested State may refuse to execute a request if it considers that: 

       (a) the request would prejudice the sovereignty, security, or other essential public interests of the Requested State or the safety of any person;

       (b) the request relates to a political offence;

  4. Legal assistance may be postponed by the Requested State if 

the execution of the request would interfere with ongoing investigations, prosecutions or proceedings in the Requested State;

  5. Communication under this Treaty shall be made through Central Authorities of the Contracting States. For the Kingdom of Thailand, the Central Authority shall be the Attorney General or an official designated by the General Attorney. For Ukraine, the Central Authority shall be the Minister of Justice (concerning the request made by courts) and the General Prosecutor’s Office (concerning the request made by authorities of the pre-trial investigation); 

  6. The Requested State shall not decline execution of a request on the ground of bank secrecy; and

  7. This treaty shall apply to any request presented after its entry into force even if the relevant acts or omission occurred before the date of notification.

 

Thailand concluded the first MLAT in 1993 following the promulgation of the Mutual Legal Assistance in Criminal Matters Act in 1992 (with the Amendment in 2016). Until now, Thailand has concluded the MLAT with 14 countries (the latest one with Ukraine included) and is a party to the Treaty on Mutual Legal Assistance in Criminal Matters (among ASEAN Member States). 

 

The MLAT between Thailand and Ukraine will effectively strengthen cooperation in preventing and suppressing crimes and will lead to cooperation in other areas of criminal justice.