The Monarchy: Germany’s Changing Attitude With the Head of State’s International Residence Law – BBC News Thailand

The presence in Germany of King Phra Ramathibodi Srisindhorn Maha Vajiralongkorn Phra Wachiraklao Chao Yu Hua It is an issue that members of the House of Representatives (MP), the opposition of Germany. He asked the government through parliamentary channels several times in the last month. Each statement from the State Department has a different intensity.

Recently, on November 11, the German Palestinian Authority Good News Agency reported that Secretary of State Mikelberger responded in writing to a post by the Greens deputy saying: “Based on information obtained from the Thai government The presence of the King of Thailand in Germany is a personal matter “, hopes the ministry. The King of Thailand does not decide” It is an interference with the German legal system. International law or an internationally recognized human rights principle.

However, Ms Margaret Terbaumers, Green Party deputy Posts sent through the House of Representatives Considered unlikely Because the head of state, who spent several months each time stamping in Germany “Certainly there must be a royal decree affecting the situation in your country, “Bauser told DPA.

Two weeks before that, Reuters reported, citing a source in the German House of Representatives on October 29, that representatives of the German government had briefed the Thai monarchy at a meeting of the House Foreign Affairs Committee. The government believed that the King was allowed to decide from time to time. As long as he does not continue his mission in Germany.

When asked about the royal status of the King of Thailand, a representative of the German government told the Commission that he has a visa that allows him to stay in Germany for many years as an individual. And he received diplomatic privileges and immunities as head of state

“It is clear that many people see what he did as a problem. But the government said that this was not considered an ongoing political mission, “the source added.

But three days earlier, a statement by the German Foreign Minister, Haikomas To reporters on October 26, sounds serious, “The German government is observing the behavior of the Thai king in Bavaria. Germany continued and” there would be an immediate consequence. If we assess any action that is illegal ”and said the German government has repeatedly stated that it is unacceptable to allow His Majesty the King to carry out his political mission while on land. Germany

The announcement came on the same day that protesters such as the Youth Liberation League took place. He organized a march to the German embassy in Bangkok and sent a letter to the embassy representatives to check on issues like the King. He served in the state government and spent most of his time in Germany. The question of inheritance taxes in Germany AND complaints of violation of the human rights of courtiers, etc.

The Greens forum, which has 67 out of 709 seats in the House of Representatives, began on October 7, Greens MP Frit Yov Schmidt asked the minister. Foreign countries in council To the case where the Thai king spends most of his time in Bavaria This is an issue on which protesters in Thailand do not agree on the cost of his stay abroad. And not be in the field

“Why does the German government tolerate such strange behavior? Which, in my opinion, is illegal Where the heads of other countries operate politics on the mainland of Germany”

But he explained to this question that “We make it clear that any political action on Thailand must not come from German territory … if the guests of our country enter into action in their country.” We will certainly oppose it. ”

In fact, a person who is the head of state. Who do you mean? What activities can the head of state carry out? And how they have the privileges of protection While residing or staying in a foreign country The BBC Thai collects information and seeks the opinion of experts in international law.

Devawongse Varopakarn Institute of Foreign Affairs website It is up to the Ministry of Foreign Affairs of Thailand to define the head of state as the most important representative of the state. Or head of state In some cases, you can act as a representative of the state. In developing relationships with various countries. With full power to do any business

The heads of state can be emperor, king, queen and president.

The head of state has the right to be respected. And recognition of other countries in international society In terms of diplomatic ceremonies The King may have different honors than the President. But such differences are not important in legal terms. When the head of state visits a foreign country The head of the head, together with all his family and subjects In addition to the property of the head of state there will be immunity (Immunity) both in civil and criminal matters.

Prof. Mark Weller, President of the Academy of International Law and Constitution University of Cambridge Explain that generally, if the head of state is visiting abroad, he will still be able to carry out official missions while in a foreign country, such as visit abroad by the president of the United States. You will also be able to command various missions that take place in America. Both the Cabinet and others at the same time. Because there are no restrictions on doing so during a visit abroad, often for a short period of time.

Professor Weller said that in the case of the King of Thailand, there may be a difference. Since you have been in Germany for a continuous period, this is unlikely to be a typical visit to the head of state. But it should be your personal visit

Cambridge legal experts said that during a visit abroad the head of state receives unconditional protection from the host country. The host country cannot arrest, prosecute or enforce any laws of the host country with the visiting head of state.

He said that the head of state was an untouchable person. Unless the head of state himself does not exercise such privileges … In the case of the Thai monarch, he does not believe it.

“The only thing that can be discussed with the head of state is to declare him as an unwanted person … to indicate that the rights of protection have been abused and invite him to leave the country. Or forced to leave the country. But that would create a diplomatic rift between the two countries. ”

Professor Weller said that under international law, the head of state cannot carry out any act related to international crimes. Genocide Crimes against humanity In the case of Germany, it would not be willing to allow anyone to do it on its own land, however, Germany itself has laws that protect human rights. And we must be sure that there have been no human rights violations in Germany.

The BBC Thai consulted the German Foreign Ministry. On the King’s presence in Germany And it was replied that he could not comment on his visa.

While he was president of the Constitutional Institute of International Law University of Cambridge He believes that if His Majesty has a place in Germany He may not have a normal visa. But the German authorities issue visas with conditions that they will not be able to perform actual duties related to the Thai state. Or prohibit any political action while in Germany “I cannot confirm at this time, but it seems that the deputies of the German parliament believe that.”

Professor Weller said that Germany was entitled to have a conditional visa issued. And if so, the person whose visa has been suspended will have to leave the country. “Because the privilege that was granted to him did not prevent expulsion from the country for doing something that did not fulfill the status obtained.”