With reference to Amnesty International (AI)’s open letter to the Thai Prime Minister dated 11 June 2010, calling for an independent and impartial investigation into the events during the protests by the United Front for Democracy against Dictatorship (UDD), the Ministry of Foreign Affairs wishes to make the following statement:
1. The Royal Thai Government takes note of the concerns and views expressed by AI. As a State party to seven of the nine core international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR), Thailand is fully committed to upholding the principles of human rights and observing its international obligations.
2. The Government regrets the losses that occurred pursuant to violent incidents during the protests, which ended on 19 May 2010. As Prime Minister Abhisit Vejjajiva has stated on many occasions, all the events will be subject to investigation, and all those responsible will be held accountable in accordance with the law and due process. Also, as a matter of principle, the Government is open to scrutiny and stands ready to be accountable in accordance with the law.
3. Investigations into various incidents, including those mentioned by AI are being conducted by the Department of Special Investigation (DSI), in cooperation with other agencies concerned. This will proceed without government interference. At the same time, to establish facts about the events which had caused much apprehension among the Thai people, the Cabinet on 8 June 2010 appointed Professor Dr. Kanit Na Nakorn, a former Attorney-General, as chair of an independent committee to investigate what actually transpired. The Government has given a mandate to this committee to consider all sides, including those sympathetic to the protesters, so that it would be able to produce impartial findings acceptable to all concerned and also contribute to the overall reconciliation process. The committee chairman already set in motion the fact finding process by meeting with some of the UDD leaders on 14 June to hear the latter’s views. The Government pledges its full support for this endeavour. It is thus not appropriate to prejudge the committee’s work.
4. In parallel, the National Human Rights Commission (NHRC) and the National Anti-Corruption Commission (NACC), which are independent constitutional bodies, are also conducting their own investigations. It should be noted that the NHRC’s comments over the last couple of months have been well-balanced if not critical of the Government’s actions, while the NACC’s mandate focuses in particular on the conduct of political and state office holders. As for Thailand’s commitment to democratic principles, transparency and accountability in the parliamentary system, the House of Representatives held a censure debate on 31 May - 1 June 2010 against the Prime Minister and key members of the Cabinet, during which the Government’s actions during the UDD protests was the main issue. The two-day debate was televised live nationally with members of the opposition parties, including the UDD leaders and supporters, participating in the process. The no-confidence motion was defeated by a majority in the House of Representatives.
5. The Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005) was promulgated in accordance with due process of law to enable the Government to deal with an emergency situation in a more effective, integrated and expeditious manner so as to maintain law and order — an imperative is recognised under Article 4.1 of the ICCPR. Based on assessments of the situation on the ground, the use of Decree remains necessary for the time being, and unless the Cabinet approves its extension, it will lapse in early July. Meanwhile, the authorities have been making every effort to ensure no undue effect upon the ordinary people. It should also be noted that the Emergency Decree provides for various safeguards necessary to prevent human rights abuses, and those charged and sentenced for violating the Emergency Decree — which carries a maximum penalty of two years’ imprisonment or a fine of 40,000 baht, or both — have been accorded due process of law in accordance with Thai criminal law and procedures. As for the death penalty, it is the maximum of a range of punishments stipulated under the Thai Criminal Code for terrorism related offences, which also exists in many other countries.
6. Thailand fully respects freedom of expression and freedom of the press. Throughout the incidents between 12 March and 20 May 2010, the media, both domestic and international, were allowed to cover the security operations without restrictions. However, in order to return the situation in normalcy, some regulations have been applied, but only to the extent necessary to protect public order and national security by preventing the unlawful use of the press as mediums to manipulate and incite violence and hatred among people, which unfortunately contributed towards the violence over the past two months. That is why as far as the media is concerned, the Government has asked a group of academics to work with media organisations on how to ensure press freedom while enabling the media to work constructively and contribute to healing the divisions and animosity which may exist within society.
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