Pubdate: Mon, 13 Nov 2006 Source: Nation, The (Thailand) Copyright: 2006 Nation Multimedia Group Contact: http://www.nationmultimedia.com/ Details: http://www.mapinc.org/media/1963 Author: chang noi Bookmark: http://www.mapinc.org/areas/Thailand Bookmark: http://www.mapinc.org/topics/Thailand BRINGING THE THAKSIN REGIME TO ACCOUNT In the 'war on drugs' in Thailand in 2003, around 3,000 people died with no proper judicial accounting. The National Human Rights Commission has assembled convincing evidence that several victims had no involvement in drug trading. The mechanics of the campaign were lethally simple. Provincial governors and police chiefs were told to eliminate drug trading. Blacklists of names were compiled and success was measured against numerical targets. It has been a bad few weeks for national leaders who might have their own people's blood on their hands. Saddam Hussein was condemned to death for atrocities at Dujail. President Arroyo of the Philippines was charged in an international court with human rights violations. The case against Arroyo, which details torture, abductions, 186 forced disappearances, and 778 killings was spearheaded by a senator and supported by relatives of several victims. The Permanent People's Tribunal in The Hague is a self-constituted court which has no power to enforce punishments, but considerable moral authority because it is run by eminent international jurists. In 1998, Augusto Pinochet was arraigned in a Spanish court on charges relating to abductions, torture and executions during his 17 years as president of Chile. An arrest warrant was served while he was in a hospital in London. He was detained by the UK authorities but managed to resist extradition and was finally released on grounds of ill health. Although the case failed, it established a precedent that the judicial responsibility for atrocities is not obstructed by national boundaries. In the "war on drugs" in Thailand in 2003, around 3,000 people died with no proper judicial accounting. The National Human Rights Commission has assembled convincing evidence that several victims had no involvement in drug trading. The mechanics of the government campaign were lethally simple. Provincial governors and police chiefs were told to eliminate drug trading. Blacklists of names were compiled and success was measured against numerical targets. Thaksin's speech launching the campaign on January 14, 2003 gave strong hints of what was expected: "The drug sellers have been ruthless with the Thai people, with our children, so if we are ruthless with them, it is not a big deal. ... If drug traders are listening they must make up their minds whether to stop selling or carry on. If they don't stop, there is a chance they will be dealt with in every way, both life and limb. ... With the traders, you must use hammer and fist, that is, act decisively and without mercy. Police General Phao Sriyanon once said 'There is nothing under the sun that the Thai police cannot do.' So I'm confident that drugs are something that the Thai police can deal with. (Phao was famous for ordering political assassinations.) If some drug traders die, it will be a common thing." Wan Muhammed Nor Matha, who was directly responsible for implementation as Interior minister, made sure the instructions were clear: "Tell them to stop selling drugs and leave the communities for good or they will be put behind bars or even 'vanish without a trace' . Who cares?" He added: "I think human rights activists should not worry too much about these traffickers' lives." Police chiefs in charge of implementing the policy at the local level were even more explicit. One called the campaign "a plan to shorten the lives of drug dealers.... A normal person lives for 80 years. But a bad person should not live that long". Another, who said he had been instructed to extract information from suspects and then kill them, asked, "Why should we spare the scum?" Officials were threatened to make sure they complied. In his speech, Thaksin told the police: "You all know everything; it's just a question whether you will do anything or not. Today if you don't, I will do you." The Interior minister made this point more clearly: "In our war on drugs, the district chiefs are the knights, and provincial governors the commanders. If the knights see the enemy but do not shoot them, they can be beheaded by their commanders." In case anyone thought the term "beheading" was meant as a metaphor, the minister directed them to study King Naresuan, who stationed crack troops at the rear of an attacking army with orders to behead, impale and otherwise eliminate any soldier attempting to desert. Incitement to murder is a straightforward criminal offence. Responsibility for torture and abduction is more complex. In March 2004, Somchai Neelapaijit made public allegations against the police for torturing people to extract "confessions" of involvement in the Narathiwat armoury raid. According to Somchai, one victim was "blindfolded by police officers and physically assaulted; strangled and choked, hands tied behind his back and beaten with pieces of wood on the back and head ... hanged from the toilet door with a piece of rope and ... then electrocuted with a fork charged with electric currents". Given the high political profile of the Narathiwat raid, it is unlikely the local police were acting solely on their own authority. Somchai was abducted one day after making this statement. There has always been a suspicion that this abduction was ordered at a very high level. Two weeks later, Chavalit Yongchaiyudh, deputy prime minister, let slip in parliament that he knew Somchai was already dead. Thaksin set up a probe under the Department of Special Investigations, but this exercise seemed designed to prevent any revelation. A case was brought against five police officers, but the phone records which might have pointed to the chain of command were excluded from the evidence. This is a critical moment for Thailand's judicial system. Under the Thaksin regime, judicial institutions were manipulated, intimidated and sabotaged. The King's summons to the judiciary to help solve the crisis promised a new beginning. But that summons has now been overshadowed by the coup, an explicitly lawless act. One regime that aspired to absolute power has been replaced by another with something approaching it. Judicial institutions may again become subordinate or irrelevant. Even worse, there are reasons to fear that a military regime will be reluctant to establish precedents for arraigning former leaders for violating human rights. It will be a pity if the Thaksin regime has to be brought to judicial account outside, not inside, the country. - --- MAP posted-by: Richard Lake