Refugee footballer Hakeem AlAraibi set to face long trial if he refuses to go to Bahrain
Melbourne-based refugee footballer Hakeem AlAraibi could face a lengthy trial if he refuses a formal request from Bahrain to extradite him from Thailand.
The 25-year old will go before Thailandās criminal court on Monday, in shackles and prison uniform, more than two monthsĀ after his arrest as he arrived in Bangkok on his honeymoon.
The hearing is expected to be brief but will start a legal process that could drag on for six months or more, during which time Hakeem AlAraibi will remain in a Thai prison.
Thai prosecutors in court will formally ask him if he agrees to be extradited to Bahrain, where he fled repression in 2014.
If AlAraibi refuses, as expected, Thai authorities have said the case will go to a trial. Its length would depend on how many witnesses are called on each side.
AlAraibiās lawyer Nadthasiri Berkman said she would lodge an appeal against prosecutors when the hearing opens on Monday, in a new bid to stop AlAraibiās extradition.
āThe [Thai] Ministry for Foreign Affairs has the authority to throw the case out. We have so much evidence to show itās a political case and should not proceed,ā Ms Berkman said.
āIt should not be this way.ā
Ms Berkman said AlAraibi was āpetrifiedā about the hearing.
āRecently he has been very stressed and agitated,ā she told the ABC.
āWhen ⦠he goes to go to court heāll probably be petrified, what is going to await him?
āHe doesnāt speak English, so Iām worried they wonāt tell him anything. And heāll have to wait for days without knowing whatās going on.ā
AlAraibi faces a 10-year jail term for vandalising a police station in Bahrain, charges he denies and says are politically motivated.
He claims he was playing in a football match that was broadcast live at the same time as the alleged vandalism happened.
Asked if she was confident the court would listen objectively to AlAraibiās case, Ms Berkman said: āThe court has no choice but to listen, and we have very solid evidence as to why he cannot be extradited to Bahrain.ā
āCase not political but a criminal oneā, prosecutor says
Thailand has downplayed the danger facing AlAraibi if he is extradited, saying there is no evidence he faces torture.
āIf he is innocent he can go back to fight his case in a Bahrain court,ā said prosecutor Chatchom Akapin, from Thailandās Attorney-Generalās office.
āThis case is not political but a criminal one.
āBahrain has evidence of Hakeemās criminal wrongdoing and if he doesnāt want to return to that country then he must contest that in the court and it will take months.ā
Thailandās decision to allow the extradition case to proceed defies weeks of lobbying and pressure from human rights groups, foreign governments and the footballing world.
Prime Minister Scott Morrison said earlier this week that Australia was doing all it could to secure AlAraibiās release, and had written to Thailandās Prime Minister Prayuth Chan-ocha.
āAbusing rights will end up backfiring on Thailandā
But lawyers and human rights watchers remain optimistic the young refugee will eventually be freed.
Phil Robertson, of Human Rights Watch in Asia, said Thailand would face world condemnation if it allowed the extradition request to succeed.
āThis is a major black mark on Thailandās record. Thailand is going to regret its actions, if it contravenes international human rights principles,ā Mr Robertson said.
āAbusing rights will end up backfiring on Thailand ⦠if it tries to send a refugee back into harmās way in Bahrain.ā
Mr Robertson said world football authorities and clubs may have the strongest chance of forcing Thailand to reconsider.
He praised FIFA, the Asian Football Association and individual footballers, such as former Socceroos captain Craig Foster, who have already lobbied for AlAraibiās release.
But he said it was imperative for the wider football and soccer community to join the campaign.
āI think we need to have the European football clubs that Thailand fans valueĀ ā perhaps Manchester United or Arsenal or LiverpoolĀ ā have to say to Thailand that if they send Hakeem AlAraibi back to Bahrain thatās the end of any exhibition matches from Premier League teams going to Thailand,ā Mr Robertson said.
āI think that Thai fans would be very angry, and they would direct their anger not at the teams, but they would direct their anger at the Thai Government.ā
Mr Robertson called on FIFA to suspend both Bahrain and Thailand from competition in the 2022 World Cup if Thailand fails to release AlAraibi.
āUltimately the Thai Government represents the Thai people in this issue. If the Thai Government disregards what the Thai people want, and go ahead with this extradition, theyāre going to have to explain to the Thai people why Thai football is now in a pariah status,ā he said.
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