Judge Grants Thai Monk Asylum

SAN DIEGO — Over the strenuous objections of the U.S. government, an immigration judge Thursday granted political asylum to a Buddhist monk from Thailand who said he fears persecution from the military-dominated government he has accused of corruption, brutality and complicity in drug trafficking and prostitution.

The judge ruled that Phra Winai La’Ongsuwan, 45, described by the Thai press as “one of the most wanted men in Thailand,” is correct in fearing for his life if forced to return to his homeland. He faces charges of wearing a monk’s robes despite being defrocked and “insulting” governmental and religious officials.

An attorney for the Immigration and Naturalization Service said the INS will appeal the ruling by Judge Rico J. Bartolomei. The INS asserts that the Thai constitution safeguards the rights of criminal defendants and that there is no proof Winai would not be treated as fairly as any Thai citizen.

But Bartolomei cited a State Department report that says Thai police and soldiers sometimes brutalize, torture and summarily execute suspects and prisoners. He also expressed puzzlement that the INS, in the week of the 25th anniversary of Watergate, quoted Richard Nixon on the importance of freedom of speech.

“One could only imagine what would have happened 25 years ago, if it had been against the law [as it is in Thailand] to criticize the government in a place of worship,” Bartolomei said.

Winai, sitting impassively during the proceeding, later praised the American legal system and said he despairs for his country while it is in the grips of the military. Fellow monks and other followers of Buddha, including Winai’s 78-year-old Buddhist master from Thailand, attended the session in support.

“I believe in the right laws of America that gave me my freedom,” said Winai, who established a monastery north of Escondido in 1995 when he arrived here. “In Thailand, the laws are good but the persons who apply the law are not good.”

Peter A. Schey, a human rights attorney from Los Angeles representing Winai, expressed anger that the INS continues to support the Thai government in its bid to force Winai’s return.

“They have become a tool of the persecutors,” Schey said. “The INS doesn’t see persecution when it is staring them in the face.”

The INS said the allegations against Winai--including offending the Supreme Thai Buddhist Patriarch--constitute “a grave criminal offense in Thailand.”

But Bartolomei said he believes the zealousness of Thai officials--indicting Winai after he was in the U.S., sending Thai agents here to search for him and pressuring the U.S. government for cooperation--proves that their real goal is to silence his political dissent rather than to just punish another lawbreaker.

Winai began criticizing the government in speeches, writings and interviews after a 1991 military coup overthrew the democratically elected government. He defied a Thai law that makes it illegal for monks to express political views.

Winai’s criticism increased after Thai soldiers in May 1992 opened fire on a pro-democracy demonstration, killing more than 50 protesters. He criticized government leaders for brutality and for involvement in gambling, drug trafficking, prostitution and gun sales.

Court documents filed by his attorneys indicate that Thai soldiers tried to keep him from talking to his followers. He also ran afoul of religious leaders, resulting in charges of breaking celibacy and using a credit card at a brothel, the judge said.

To discredit him in a country that is 95% Buddhist, the government-dominated television broadcasts shows with titles such as “Love Slips in the South Seas” in which actors recreate Winai’s alleged visits to brothels in New Zealand and Australia.

Winai was found not guilty at a religious hearing of the sex-related charges but convicted of eating ice cream and riding horseback, earthly pleasures that are denied monks in Thailand. He was ordered to stop wearing his monk’s saffron robes.

Winai, also known as Phra Winai Amaropikku, came to the U.S. with a Cambodian passport that had been doctored to include his name and face.

After the Thai government contacted the U.S. government, Winai was charged with immigration fraud, which could have meant a prison sentence of 10 years. He spent six weeks in jail before being released on $500,000 bail. Under a plea bargain this week, Winai will plead guilty, receive probation and be sentenced to spend 300 hours teaching Buddhism and meditation.

“I am happy now,” Winai said after Thursday’s ruling. “I want to live in peace and happiness.”