Two refugees, two different outcomes

Hakeem al-Araibi appeared in Criminal Court for his first, and so far only appearance in his extradition hearing. (AP photo)

Thailand's Proclamation: "We will not send anyone to die" -- what does this mean for Hakeem al-Araibi?

Approximately twenty-five minutes away from Bangkok's pulsating central business district lays the relatively inconspicuous Klong Prem Remand Prison. Detained here is a mixture of Thai and foreign prisoners being held for any one of a number of crimes. From murder, armed robbery, drunk driving and everything in between, the jail holds individuals that have allegedly committed some exceptionally serious crimes and are awaiting the resolution of their case. One such individual that is currently being held there is a former national football star from Bahrain by the name of Hakeem al-Araibi. His crime? Escaping persecution.

After having arrived in Thailand on Nov 27, 2018, for a long-anticipated honeymoon with his wife, al-Araibi was arrested almost immediately by waiting officers from the Royal Thai Police. Acting on a Bahrain-initiated Interpol "Red Notice", al-Araibi has now spent more than seven weeks behind bars. However, the Interpol notice was a ruse, issued by the authoritarian regime simply to help facilitate his arrest and subsequent return. Thankfully the Interpol notice was subsequently lifted and deemed invalid on Dec 3, 2018. However by this stage it was too late. Al-Araibi had already been arrested, his visa cancelled, and an extradition request issued for his return to Manama.

The criminal charges al-Araibi faces in Bahrain relate to his alleged involvement in the 2011 failed democratic uprising in Bahrain. Arrested in 2012, he was charged with rioting and attacking a police station -- both charges he strenuously denies. Following three months in prison, al-Araibi was subsequently released on bail before managing to make his way to Australia in 2014. In 2017, the Australian government recognised the serious protection concerns al-Araibi faces in Bahrain and granted him a permanent protection visa. This visa was issued specifically in relation to the threats to his life and liberty should he ever be returned to Bahrain.

Therefore, as someone who was granted refugee status in Australia, it remains extremely concerning that the Thai government would even entertain Bahrain's spurious extradition request. It is clear that the request from Bahrain is based solely upon trumped-up and bogus criminal charges, simply concocted in order to enact revenge for al-Araibi's public criticism of his own government in recent years.

Since his arrest in Thailand, there have been countless global calls for al-Araibi to be released from prison and returned to Australia. This has included high-level representations from bodies such as Fifa, globally reputed non-governmental organisations such as Human Rights Watch and governments. Australia's Foreign Minister has even made a personal visit to Bangkok to advocate for his immediate release. Unfortunately, the Thai government has yet to budge from their position and has willingly ignored these calls for action. Instead, they have decided to proceed with extradition proceedings against the footballer, leaving him languishing in an overcrowded prison cell. Fearing sickness due to the less-than-ideal prison conditions, al-Araibi yearns to return to Australia, where he has built a life and been accepted as one of their own.

The treatment of al-Araibi by the Thai government lies in stark contrast to the recent case of Saudi woman Rahaf al-Qunun. In her case, following a dramatic standoff with Thai Immigration Police at a Bangkok airport transit hotel, she was allowed to enter the country under the protection of the United Nations High Commissioner for Refugees (UNHCR). Such a move by the Thai government should be applauded, an act of compassion and humanitarian concern for an individual obviously in need of protection. However, it should not be a singular act of compassion, reserved solely for one individual.

Importantly, in the case of Ms Qunun, Immigration Police chief Pol Lt Gen Surachate Hakpal publicly stated Thailand's commitment to human rights including the core principle of non-refoulement ie not sending someone to a place where their life or liberty is at threat. He stated that "Thailand is the land of smiles and we will not send anyone to die". This announcement is extremely important, as it is one of the first times in recent history that a senior immigration official has made such a positive statement and commitment towards the policy of non-refoulement.

With such a high-profile public commitment, the government must ensure it holds itself to account and lives up to such a promise. This includes providing safety and protection to al-Araibi.

Irrespective of political or economic pressures from Bahrain, Thailand must stand its ground and provide al-Araibi with immediate passage to Australia. Should he be returned to Bahrain, a country from which he has already fled persecution, it is almost certain that he will face detention, torture and possibly even death. It is time for Thailand to heed the calls from the international community and let al-Araibi continue his life in Australia.