Jump to content

tomross46

Advanced Member
  • Posts

    1,160
  • Joined

  • Last visited

Posts posted by tomross46

  1. What was determined by this investigation and what was dome?

    THAILAND: So where are Thailand's judicial bodies?

    FOR IMMEDIATE RELEASE
    April 11, 2005
    AS-39-2005

    A Statement by the Asian Human Rights Commission

    So where are Thailand's judicial bodies?

    Speaking last Friday, April 8, the head of Thailand's newly-formed National Reconciliation Commission Anand Panyarachun said that the commission would not be acting to investigate the mass killings in the south of the country during the last year. "We are not a judicial body," he is reported to have said.

    Quite rightly, the commission is not a judicial body, and it should not be called upon to act like one. Reconciliation is a valuable and necessary goal, but an altogether different goal from prosecution. Neither can take the place of the other; nor are the two mutually exclusive. In fact, reconciliation rests upon a willingness to prosecute where necessary.

    And so the question that persists is where are Thailand's judicial bodies? Why haven't they taken a role in addressing the mass killings of last year in order that the alleged perpetrators, not least of all the three army generals identified as primarily responsible for the 78 deaths in Narathiwat, be held criminally responsible for their actions?

    This is a question that has been raised in one form or another by the Asian Human Rights Commission (AHRC) since the aftermath of the April killings, and again after October. It is a question that deserves repeating, as it is a vital one for which an answer still goes begging.

    Certainly no answer to it is to be found in the 21 March 2005 note by the government of Thailand to the United Nations Office in Geneva, 'Situation and incidents in Southern Thailand'. That document stresses that the government is concerned to uphold human rights and achieve reconciliation in the south, while neatly sidestepping all of its obligations as a party to the International Covenant on Civil and Political Rights (ICCPR), which mandates a role for judicial bodies. When states become parties to the Covenant, they undertake to provide legislative, judicial, administrative and other measures that will protect the rights it guarantees. If these measures are not undertaken, then joining the Covenant is meaningless. At home and abroad although the government publicly declares its commitment to human rights, without a role for judicial bodies, these are mere words which amount to nothing.

    In his annual report, the U.N. Special Rapporteur on extrajudicial executions Philip Alston quotes a letter from the government of Thailand on the mass killing in Narathiwat to the effect that "where wrongdoing is found, those responsible would be held to account by due process of law". So why does due process remain elusive? As if to underscore his concern, the Special Rapporteur goes on to remind us that, "The essential thrust of international human rights law is to establish and uphold the principle of accountability for measures both to protect human rights and to respond fully and appropriately to violations of those rights. If measures are not in place to prevent and to respond to extrajudicial, summary, and arbitrary executions, they are unlikely to be effective in responding to other human rights violations either." He continues

    "Governments which are criticized for violating the right to life under human rights law or for failing to respect humanitarian law by killing civilians who are not directly taking part in hostilities sometimes announce that they have initiated an investigation into the relevant incidents. In such cases it is essential that the results of the investigation be published, including details of how and by whom it was carried out, the findings, and any prosecutions subsequently undertaken. Broad, general statements of findings, or non-disaggregated information as to the number of investigations and prosecutions, are inadequate to satisfy the requirements of accountability in such contexts. Formalistic investigations are almost always the precursors of a degree of impunity."

    A more accurate summary of what has gone wrong in Thailand since the mass killings in the south of 2004 would be difficult to find. Government-appointed panels have in each instance been quickly deployed to offset the role of judicial agencies. Findings have not been made public. Paltry compensation is being used as a device to mollify victims and their families. None of this protects human rights.

    The 1997 Constitution of Thailand has been called progressive. However, the making of a constitution is only a preliminary exercise. Its test lies not in its contents but in what is done to assert the rights it proclaims. Where laws and agencies do not accompany these, a constitution is insignificant. While even in several other Asian countries there are some means by which people who suffer human rights abuses can seek redress by directly appealing to higher courts on constitutional grounds, no such avenue exists for citizens of Thailand. They are all too easily denied the right of redress that their government has guaranteed to provide under the ICCPR.

    Only the judiciary can legitimately investigate the mass killings in the south of Thailand, and for that matter, the other numerous extrajudicial killings that have occurred in the country during recent years. This is properly its role and its role alone. It is under the umbrella of the judiciary that human rights can develop to their fullness without executive interference. Let the National Reconciliation Commission rightfully continue its work, but let it also be understood that no number of government-appointed commissions can preclude or replace the role of the judiciary. So again let it be asked, where are Thailand's judicial bodies?

    Document Type :
    Statement
    Document ID :
    AS-39-2005
    Countries :
    Issues :
    • Like 1
  2. Not only will the fishermen have problems caused by the Dams. These dams will cause problems for the farmers, Isan could become an arid land. No water to grow rice or any other agricultural product requiring water. Land borders set up by the flow of the Mekong would change therefor causing international problems within Asean. The Dams will also affect Laos Cambodia, Burma, and Vietnam. Was there an Environmental Impact study, if so by whom? coffee1.gif

    • Like 1
  3. Is it possible that the fugitive ex PM, feels it is not safe to be living in Dubai. Could it be that he fears the Al Qaeda threats, and Dubai is a Muslim country, which follows the law of the Shariah. He knows that if he was back in Thailand that the police would protect him from anything. ph34r.pngph34r.png

  4. I think I have either misread reports or been confused by reports coming out with conflicting information. To my understanding the protesters are not allowed to gather in the 3 districts mentioned under the ISA. Therefore, I don't see how the following is possible:

    "the People's Army to Overthrow the Thaksin Regime will begin its protest against the government-sponsored amnesty bill by first gathering outside the Parliament compound from tomorrow to at least Wednesday, when the bill is due for deliberation."

    This implies that the People's Army expects to stand outside the Parliament compound protesting, but my understanding was that they will not be able to get anywhere near it due to blocked roads.

    Yes the roads will be blocked for anti-Thaksin demonstrator, but the police have been seen escorting bus loads of Red Shirts to Bangkok, they will not be blocked, because the UDD are part of the government. angry.gif

  5. Come on you guys take it easy on him.

    "I did not intend to violate the law, but it was not clear what kind of document required parliamentary approval before signing," he said.

    He was a Foreign Minister, appointed in 2008, by a friend. Why should he know the law, no one else does, and if they do, they do hot give a S*#t. hit-the-fan.gif

    • Like 1
  6. We have notified or told? no regard for the the damage they may cause to the roads of course...coffee1.gif

    A tank, like all tracked vehicles, puts less ground lb. per Sq. Ft. than a loaded 10 wheel truck. On a tank the weight is spread out over a larger area, where on a wheeled vehicle the ground pressure is in a smaller area, just under the tires. I would be more worried about the rail system than the roads.

  7. Govt plans tourism revival after oil spill off Samet Island

    So will the government be putting tents up on the beach, Will they invite the Rev. Jessie Jackson, or Rev Al Sharp, to hold the revival meetings. Nothing like the good old Southern Baptist revival meetings, to bring out the believers. It could be like the Blues Brothers. Give me that old time religion. Lets get all the tourist down on the beach of Samet. smile.png

  8. The police will prevent protesters from trespassing on the grounds of any state agency and law will be strictly enforced against any violators, according to Metropolitan Police deputy commissioner Pol Maj-General Parinya Jansuriya. He said protest leaders had been asked to stay within areas designated by police and to not block traffic.

    If only the Police had done their job back in 2010, so many lives, so much damage could have been prevented.

    Police Captain Chalerm, has told us that the men in black were police, and that Gen Sea Dang was shot by police snipers. So the police were involved.ph34r.pngph34r.png

  9. So on the one hand, a group can come into the city, un-challenged, with thousands of tires and bamboo sticks and create a blockade of the entire city center for over 2 months..causing death and destruction... well that's ok... but if others wish to use their constitutional right to expression opinion about a controversial bill that is being pushed through without proper review in the community, then that needs to be put down with an iron fist... hmmm who is looking for reconciliation and who is looking to just create a country that only they can benefit from? whistling.gif Just wondering?

    This sounds like history repeating itself. The Nazi beliefs are still alive and well. If you demonstrate against us, we have a place for you. How many bodies ate buried in Kanchanabuti, but PM Samak said no one died during the demonstrations, by the students at Thamasat University. ph34r.pngph34r.png

    • Like 2
  10. A person I worked with for many years, got his bachelors degree from Chuld, his masters in Germany and his doctorate in England. When he came back to Thailand he could not find a job that used his degree studies. His doctorate is in tool and die. He also completed his hand on training in Germany. With a doctorate he offered a salary of 7,000 baht. He not works with a German Company.

    • Like 1
×
×
  • Create New...