A treaty with Thailand on the Enforcement of Criminal Judgments (Transfer) Act (WOTS) is possible. This is the conclusion reached at the end of a series of official meetings held with Thai authorities up to the end of March. The purpose of the treaty is to transfer Dutch prisoners who were sentenced in Thailand so they may serve their prison term in the Netherlands.

At the same time it has become apparent that the effectiveness of the treaty is influenced by Thai legislation. The meetings were held in a constructive and pleasant atmosphere, according to a letter by the Dutch Minister of Justice, Piet Hein Donner, also acting on behalf of the Minister of Foreign Affairs, Bernard Bot, submitted to the Lower House today which deals with the meetings held in Thailand.

At the end of November last year, a Thai official delegation met in The Hague to discuss matters. During the state visit in January, Minister Bot met with members of the Thai government to talk about the treaty.

At the end of March, an official delegation flew to Bangkok to complete the negotiations. Both sides gave an overview of the procedures followed in their respective countries. It became apparent from the meetings that a treaty would be possible but that its scope would be limited. To a significant degree, this has to do with the 'enforcement threshold'. The enforcement threshold means that prisoners first have to serve their prison term in Thailand before they can apply for a transfer that is integrated into Thai law. It appeared that the continued enforcement procedure will have to be followed with Thailand instead of the transfer procedure. In the Netherlands, a proportionality test will have to be carried out by the Arnhem Court of Appeal. On the basis of Thai legislation, the Thai government may refuse to transfer persons with dual nationality (both Thai and Dutch) who apply for a transfer to the Netherlands.

Life prisoners convicted for drug related offences will first have to serve a term of eight years in Thailand before they can apply for a transfer. Prisoners with non-life sentences of more than 12 years may do so after 4 years. Prisoners with sentences up to a maximum of 12 years have to serve one third of their sentences in Thailand before they may apply.

This threshold is especially important in relation to drug offences because the penalties are very different. The highest maximum penalty for a single offence against the Opium Act in the Netherlands is 12 years. Taking into account any early release, this will involve a sentence of 8 years which is just as long as life prisoners have to serve their sentences in Thailand before they may apply. In that case, there will be no time left to serve in the Netherlands and prisoners would therefore have to be released immediately on arrival in the Netherlands. The four-year threshold - applicable for a sentence of more than 12 years in Thailand - would result in still having to serve a considerable term in the Netherlands. The situation is more favourable when the sentence is increased due to a combination of offences under the Opium Act and other non-drug-related offences, amounting to 16-year maximum penalties in the Netherlands. The Thai authorities firmly believe in adequately enforcing the state of enforcement. Early release after the transfer by a number of EU member states has caused problems and Thailand has sometimes even suspended the application of the treaty. The Thai authorities indicated that they do not consider it desirable that persons are immediately released after arriving in the Netherlands.

It is obvious that the WOTS treaty between Thailand and the Netherlands - or between any other EU country - does not guarantee that all Dutch prisoners sentenced in Thailand may be transferred to the Netherlands after completion of the treaty. At a political level, the Thai authorities have agreed to be flexible when considering cases and to show respect for the Dutch administrative and legal procedures. At this moment, eleven Dutch people are in prison and some of them are still awaiting final sentences.