Foreigners Shouldn’t Expect Justice Overseas

by Walt Schmidt on January 14, 2009 · 0 comments

in All, Commentary

In many so called developing (read: underdeveloped and hopelessly corrupt) countries the police can be most unhelpful, lazy, dishonest and hostile. In tourist areas they sometimes have Tourist Police which was established with the sole purpose of protecting temporary visitors from being ripped off, swindled or assaulted.

These, while not very efficient, are much better than the regular police force as well as the whole judicial system there. To many of the local cops, a foreigner is either a nuisance or a cash cow and they are rarely, if ever, on your side. Unless, of course, you are a big shot exec or a high-ranking diplomat. Not if you are a Joe Expat living on a $1200 a month pension in a tropical “paradise”.

The rule of thumb, therefore, is- if you can avoid it at all, stay as far away from the local cops as possible and try not to get involved with arguments or conflicts with the locals no matter what. If you do, you can expect little help from the police, and the locals can twist the whole thing to make you look guilty and responsible. You are a foreigner, so in many places in the world, you are automatically at fault. The other party is a local, so, in the case of their word against yours, you lose. He is one of them; you are not. End of the story.

A case in point is: a Thai driver had a traffic accident in a certain oil-rich state where he happened to be working at the time. When he appeared in court, the judge said: “It is your fault- if you had not come to our country, this accident would not have happened”. So, the case was decided against the poor Thai laborer.

However, expats residing in Thailand were reading the article with wry smirks. Because you know why? They do the same in Thailand if a foreigner hits a Thai, you see. If you call the police, it is automatically your fault. He is a Thai, you are a “farang”- you pay. In some cases, these realities of local “justice” make one want to be very cautious and even avoid driving altogether. Taxis are cheap, so one can just take those. The problem with taxis is that every new driver is a stranger and many of such try and over charge you, and rip you off. In some cases, it is advisable that if you want to avoid such unpleasantness altogether, that you have a permanent taxi- or a private driver who can take you around. I, personally, prefer having a motorcycle which, while not very safe as a means of transportation is easier to control, and, in case of accidents, causes less damage.

In cases of disputes with private individuals, I would advise making a retreat, swallowing your pride and humbly bowing out of any argument. Let them feel like they are winning. And try not to use the local court system except if you know a powerful lawyer there who can help you navigate it. It can be a nightmare if you try to do it alone.

Is there any good thing in the local “justice” structure? Well, yes, I guess,there is the bribery system and if you do not mind throwing your money around on bribes which can run into a tidy sum of money depending on the nature of your transgression you can often weasel your way out of some very critical tightspots. There have been cases of hapless expatriates who have been able to grease the palm of the right official and skip the country as a result without ever serving their term. But it’s another risky proposition if you ask me. At times, they do not live up to their end of the bargain and disappear with your bribe money without rendering the promised services. There is often little honor between the briber and the “bribee”.

Just keep your nose clean, be humble and discreet, smile a lot, apologize profusely and be extremely careful when in the countries where their justice system is still “developing”.

Walt is a former UCLA extension instructor who left California for greener pastures in 1990. Has been living mostly in West and East Asia and writing articles about strange truths of living in between cultures.

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