In Thailand, more than 80 people, mostly civilians, have been killed and 1,200 injured since the United Front for Democracy against Dictatorship (UDD) “Red Shirt” anti-government protests intensified in mid-March. Now that street fighting has abated, NGOs asking the government for a full investigation into the use of unnecessary force resulting in deaths and injury. In this statement, OSI grantee the Human Rights Lawyers Association (HRLA) calls on the Thai government to abide by national and international obligations to protect civil and political rights. Specifically, the HRLA and partners request full legal protection for arrested protestors and the creation of independent mechanisms to receive complaints of human rights violations committed during the recent political violence.
Public Statement No. 5
Thanks to the core leaders of the United Front for Democracy against Dictatorship (UDD) for their decision to end the demonstration and to turn themselves in: Everyone must be protected in the justice process.
The core leaders of the United Front for Democracy against Dictatorship, Mr. Nuttawuth Saikua, Mr. Jatuporn Promphan, Mr. Wiphuthalaeng Pattanaphumthai, Mr. Nisit Sinthuprai and Mr. Kwanchai Praiphana, announced their decision to call off the demonstration and surrender themselves to the authorities at 13.30 on 19 May 2010. They declared the decision was made so to save lives of the demonstrators.
The undersigned organizations would like to express our gratefulness to the decision made by the UDD’s core leaders. It reflected their genuine concern for life and safety of people including the demonstrators and residents living in adjacent area around Bangkok who have to suffer from the impact. We also have the following demands:
- The UDD’s core leaders and other suspects who have turned themselves in or are being brought into justice system have to be treated as alleged offenders of political cases. They shall be accorded with humane treatment and their rights to protection in the justice process have to be fully respected including their access to their family, lawyer, and sufficient convenience and time to enable them to prepare for their defence. In addition, they have to be held in custody in places recognized officially and no ex-communicado detention shall be allowed. All these rights are recognized as fundamental rights in justice system as stipulated in the Constitution, Criminal Procedure Code, and International Covenant on Civil and Political Rights-ICCPR) to which Thailand is obliged to follow as a state party, regardless of the emergency situation being declared.
- The government must exert an all out effort to shed light on truth concerning the event and loss due to the political havocs. All concerned persons have to be brought to justice and held liable for political responsibilities. The dispersal of the demonstration alone shall not help to restore peace and order in society in a long run.
- The government must show their responsibilities for the loss of lives during the violence and efforts should be made to accelerate efforts to proceed with prosecution of all cases related to political demonstrations by all groups in the past and present. It has to be done so impartially and indiscriminately to set one universal standard in the justice process and to minimize any emerging condition that may pave the way for more conflicts in future.
- The National Human Rights Commission (NHRC), the Lawyers Council of Thailand (LCT), and all concerned state agencies and independent organizations responsible for giving legal protection and remedies including mental remedies as a result of human rights violation, should set up specific mechanisms within their organizations to receive complaints regarding human rights violation due to the recent political violence. This will ensure that the injured and relatives of the deaths and/or those being arrested and held in custody be protected in the justice process and all of them receive compensation equally to one another. In addition, such an act shall help to establish justice concretely and preempt any unjust condition that may be cited as a pretext for instigating conflicts, and to forge reconciliation.
- In the post-demonstration, the state must hinge on as much as possible to measures that preempt any violent conflict that may give rise to more losses of lives and casualties. The state is obliged to ensure that all militaristic operations be carried out based on the rule of law and human rights principle in order to restore peace and order. All of these efforts must be made under the charge of the civilian administration and the army shall not make any attempt to siege powers from the state in whatever circumstances.
- The UDDs or “Red Shirts” political mobilization has brought to attention of Thai public issues concerning infringement on fundamental human rights and economic, political, social and cultural inequalities. It is time that Thai people from all walks of life and classes must join hands to transform the crisis into an opportunity and to reform the country in order to achieve equality through peaceful, democratic and reconciliatory means.
Human Rights Lawyers Association
Cross-Cultural Foundation
Union of Civil Liberties