In response to media enquiries on the government’s reactions to Human Rights Watch (HRW)’s report released on 3 May 2011 entitled “Descent into Chaos: Thailand’s 2010 Red Shirt Protests and the Government Crackdown,” Mr. Thani Thongphakdi, Director-General of the Department of Information and Foreign Ministry Spokesperson, said that the Ministry of Foreign Affairs had — through the Royal Thai Embassy in Washington — conveyed to HRW the relevant information on certain issues raised in the said report, the gist of which is as follows:
1. The Royal Thai Government respects the people’s right to peaceful assembly and freedom of expression, which applies to the demonstrations by the United Front for Democracy against Dictatorship (UDD) last year. Be that as it may, where unlawful acts or use of violence had been committed, action had to be taken in accordance with the law. Even then, the Government had done its best to find a peaceful resolution and exercised utmost restraint. Unlike the armed elements within the UDD who were unrestrained in attacking security officers with heavy weapons, whether on 10 April 2010, between 14 May and 19 May, or other days, as HRW’s report describes, the security officers had to operate under clearly stipulated rules of engagement, formulated in accordance with international standards, including strict rules on the use of live ammunition. It is therefore over simplistic to claim that security officers had used excessive and unnecessary lethal force.
2. Impartial and independent investigations into the deaths pursuant to the violent incidents during the UDD protests have been underway. The Department of Special Investigation (DSI), whose activities are independent of the army and police, has been assigned to be the principal organ responsible for investigations, and military and police officers at both supervisory and operational levels have been summoned for questioning. Preliminary investigations have found that state officials may have been involved in some cases of death, including three cases at Pathum Wanaram Temple. These initial findings by the DSI have been forwarded to the police for further investigations in accordance with the Criminal Procedure Code and also for possible indictments of those involved. As the official investigations into these and other cases are yet to be finalised, it is inappropriate to prejudge the outcome one way or another.
At the same time, the Independent Fact-finding Commission for Reconciliation, also called Truth for Reconciliation Commission of Thailand (TRCT), has continued to conduct its own work, assisted by 25 full-time staff and approximately 100 part-time staff which include experts, advisors and sub-commissioners. It should be added that the Commission also has unhindered access to assistance from international organisations and foreign governments. To date, it has received assistance from a Swiss forensic expert provided through the Swiss Embassy in Thailand and experts in a number of fields from international organisations including the United Nations Office on Drugs and Crime (UNODC), the United Nations Development Programme (UNDP) and the International Centre for Transitional Justice. Along with it, the National Human Rights Commission and the National Anti-Corruption Commission have also conducted their own inquiries.
All of these should be allowed to take its course. On its part, as Prime Minister Abhisit Vejjajiva has stated, the Government is open to scrutiny and ready to be accountable in accordance with the law.
3. All detained persons pursuant to the protests have been afforded just and appropriate treatment and their fundamental human rights fully respected in accordance with the Thai Constitution and within the perimeters under the International Covenant on Civil and Political Rights (ICCPR). This includes those who were detained under the Emergency Decree which itself contain various safeguards to prevent human rights abuses, including adequate judicial oversight. Court permission is required before taking suspects into custody, and court approved extensions are required for every seven-day period with the total custody period limited to a maximum of thirty days. Relatives of suspects and lawyers may visit the suspects during their detention, and locations and names of all detainees are a matter of public record. It is thus not sufficient to rely on unverified testimonies to conclude that human rights violations or “enforced disappearances” have occurred. Should such acts take place, complaints should be made so that they would be looked into.
No individual is currently being held in custody pursuant to the protests under the Emergency Decree on Public Administration in Emergency Situation, which was lifted on 22 December 2010. All those remaining in detention have been charged in accordance with the Criminal Code and accorded due process of law and rights. In fact, some of them have already been sentenced or released by the court. Others, including seven protest leaders, have been granted bail pending consideration of their cases. The Government has also been providing legal assistance to detainees, particularly those who are facing less serious charges, including the provision of financial support for those seeking bail.
4. Thailand upholds people’s right to freedom of speech and expression as guaranteed by the Thai Constitution, which must also be exercised in accordance with the law. Media restrictions have been applied to the extent necessary to protect public order and national security by preventing their unlawful use as mediums to manipulate and incite violence and hatred among people as well as against the monarchical institution. Any person, regardless of his or her political affiliation, found to be responsible for such illegal acts will be prosecuted accordingly.
Be that as it may, the Government recognizes the need to strike a balance between an individual’s right to freedom of expression and protection of other rights, such as the right to privacy, and imperatives such as national security, public order and public morals. That is why for the offence of l?se-majest?, for instance, the Prime Minister has set up a special advisory panel to serve as a mechanism to help screen and give advice to the police and the public prosecutor on merits of relevant cases, so as to ensure that the law is not abused and that people’s constitutional rights are duly respected and taken into account. At the same time, the Government has encouraged media reform with a view to ensuring that the media can work with freedom without any form of threat or oppression and exercise such freedom constructively. The objective is to help the media develop a stronger self-regulating system. In this connection, the Government has approved a draft law to protect the media profession and news consumers, as well as measures to strengthen media monitoring organisations. This is currently being scrutinised by the Council of State and will be ready for submission to the next House of Representatives after general elections.
5. On the issue of assistance to those affected by the protests last year, it should be noted that as of 22 February 2011, a total of approximately 110 million baht in compensation has been paid to those who were killed or injured numbering 1,853 cases. Lifetime monthly financial assistance is also provided to those who have been disabled and for the families of those victims who died during the protests. The Department of Mental Health has also given physical and mental check-ups to nearly 100,000 cases of those who were affected by the violent incidents and treatment and consultation was provided to over 20,000 individuals.
6. On reforms of law enforcement agencies, it should be noted that the Public Demonstration Bill, which has passed the final reading of the House of Representatives, places the primary role for riot control and overseeing demonstrations on the police and requires that officers to be involved in the dispersal of a demonstration have to undergo necessary training to be capable in handling the situation with understanding and restraint.
7. The Royal Thai Government stands ready to work constructively with Human Rights Watch with a view to promoting the cause of human rights and democracy in the future.
For further information, please contact the Press Division, Department of Information, Ministry of Foreign Affairs, Tel.02-6435170, Fax.02-6435169, E-mail: div0704@mfa.go.th