Army under fire for defamation lawsuits against media, rights group over torture

[webfact]

Army under fire for defamation lawsuits against media, rights group over torture

By PRATCH RUJIVANAROM 
THE NATION

 

 

A MEDIA outlet and a human rights defender have been sued by the army for defaming the Internal Security Operations Command (Isoc) Region 4 and Fourth Army Area for alleging torture inside a military base.

 

Isoc Region 4 and the Fourth Army Area – which is responsible for the military operation to suppress the ongoing insurgency in the southernmost provinces of Yala, Pattani, Narathiwat, and parts of Songkhla – separately issued defamation lawsuits against the Manager Online editorial team and Patani Human Rights Organisation Network (HAP) founder Ismaael Teh on February 9 and February 14 respectively.

 

Because the targets of defamation suits were media and human rights activists, the Cross Culture Foundation (CRCF) has raised concerns that these cases are examples of strategic litigation against public participation (SLAPP), with the intention of intimidating reporters and activists and making them too afraid to disclose the truth.

 

According to CRCF, the Manager Online editorial team was sued because of its coverage titled “Former suspect discloses near-death experience while being tortured during custody inside military camp”, published on its website on February 5. Ismaael was sued because he recounted an experience of being tortured by soldiers at one of the military bases in the Deep South via ThaiPBS on the same day.

 

The CRCF said in its statements that both cases were acts of deprivation of citizens’ freedom of expression, as both defendants had the right to honestly express their opinions on issues of public interest.

 

“The officers and the authorities, whose mandates are for protecting and upholding the human rights of everyone without discrimination and can be held accountable, have reported a case against the media, human rights activists or other people who monitor their practice,” the statement said.

 

“Legal action aims to bring to an end such investigation or to stop the dissemination of information and facts concerning the abuse of power by the authorities, where the public prosecutor may decide against indicting the case or the court may not agree to review the case, could be considered as SLAPP and an exercise of power not in good faith.”

 

‘Right to criticise’

 

The CRCF urged the Fourth Army Area Commander and Isoc Region 4 director-general, Lt-General Piyawat Nakwanit, to reconsider and withdraw the case against Ismael and Manager Online on the grounds that all people and the media had the right to inspect and criticise the operations of the authorities.

 

It was also noted that the Supreme Administrative Court had already judged on October 2016 that there was valid evidence to prove that Ismael was injured during military custody and the court had ordered the army to pay compensation of Bt100,000 and Bt5,000 in medical costs to Ismael. However, no officers were punished for injuring him.

 

Meanwhile, deputy spokesperson for Isoc Region 4, Colonel Thanawee Suwannarat stated that the article on Manager Online, which reported the alleged torture of suspects in the interrogation centre, and the actions of the human rights group, were violations of freedom of expression and the right to inspect and criticise the operation of the authorities, because they may cause misunderstanding among the public.

 

“Isoc Region 4 would like to highlight that the litigation against Manager Online is for the protection of the Army’s reputation, as the 43rd Ranger Force Regiment was defamed for alleged torture and we would like to emphasise that this lawsuit is not SLAPP,” Thanawee said.

 

“The Army has strict interrogation measures for suspects in cases related to national stability, as the entire interrogation procedures are recorded with CCTV and we have strict rules not to torture the suspects. The media should carefully check the information that they receive before publishing the news, as they are obligated to report trustworthy stories without defaming others.”

Source: http://www.nationmultimedia.com/detail/national/30339163

 

-- © Copyright The Nation 2018-02-19

[Somtamnication]

Careful. The Nation could be sued, too. 

[cornishcarlos]

42 minutes ago, webfact said:

entire interrogation procedures are recorded with CCTV

 

What, like fully working CCTV ??? Or intermittent CCTV :)

[greenchair]

How many coffee breaks were in the video. 

[Thailand]

A SLAPP in the face?

[yellowboat]

Was this guy represented by counsel ?  Was there any third party there ?   If the army wants any credibility, they would allow defense lawyers to be present during an interrogation.  Just telling people that the army has strict rules is not enough.  It is as if the army is above being questioned.   

[YetAnother]

33 minutes ago, yellowboat said:

It is as if the army is above being questioned.   

agreed; when you have an over-militarized place like thailand where it's military does not report to a civilian govt, this is what you get

[worgeordie]

This must be another World first,for Thailand,cannot see

another Army sueing ??

regards worgeordie

[Baerboxer]

3 hours ago, yellowboat said:

Was this guy represented by counsel ?  Was there any third party there ?   If the army wants any credibility, they would allow defense lawyers to be present during an interrogation.  Just telling people that the army has strict rules is not enough.  It is as if the army is above being questioned.   

 

Bit like saying the CIA has strict rules then?

 

But, if you want to allow the presumption of innocence in your legal system, that means someone or some legal entity must be presumed innocent until proven otherwise. So people making accusations must be able to prove them or quite rightly be liable to slander, libel and defamation charges.

Accepting the somewhat unique features of the laws here.

[Jonmarleesco]

Well, the RTP does it; the navy does it; the 'government' settles for attitude adjustment sessions. The army might as well join in the fun, even if the whole idea of their suing someone for defamation is as ludicrous as the navy, RTP, et al doing so. 

[Jonmarleesco]

14 minutes ago, Baerboxer said:

 

Bit like saying the CIA has strict rules then?

 

But, if you want to allow the presumption of innocence in your legal system, that means someone or some legal entity must be presumed innocent until proven otherwise. So people making accusations must be able to prove them or quite rightly be liable to slander, libel and defamation charges.

Accepting the somewhat unique features of the laws here.

Proving them, or not, isn't relevant when it comes to Thailand's unique approach to libel laws.

[Krataiboy]

If this regime wants to exit the political stage with at least something noteworthy to their credit, they should scrap the egregious defamation laws which are used to deny justice to anyone but the rich and powerful.

 

Or would the generals see that as shooting themselves in the foot?

Edited February 19, 2018 by Krataiboy

[humbug]

the defamation law in Thailand is a criminal law which is why so many people in public always talk around the issues as this law along with the more famous law of this land ties the hands of most people. Especially when this bunch are behind the defamation charge and gave mountains of booty to spend and power to abuse

Edited February 19, 2018 by humbug

[Media1]

l would not bother reading. Once these characters are out of office. The new PM.needs to bin defamation attacks at the drop of a hat and adopt the western genuine version lol. This law is to protect a corrupted government..Also.no government body should have access anyway lol circus show.

[Air Smiles]

45 minutes ago, Media1 said:

l would not bother reading. Once these characters are out of office. The new PM.needs to bin defamation attacks at the drop of a hat and adopt the western genuine version lol. This law is to protect a corrupted government..Also.no government body should have access anyway lol circus show.

 

The western government version didn't work out too well for Julian Assange and Bradley Manning when they released a video showing the US military committing mass murder against unarmed civilians, journalists and children on the streets of Iraq.

 

Assange is still trapped in the embassy and they still wont guarantee he wont be extradited to America, for essentially reporting a war crime.

[khunken]

1 hour ago, Media1 said:

l would not bother reading. Once these characters are out of office. The new PM.needs to bin defamation attacks at the drop of a hat and adopt the western genuine version lol. This law is to protect a corrupted government..Also.no government body should have access anyway lol circus show.

You do not seem to understand that the Thai defamation laws have been in force for many years and have been used quite extensively by previous supposedly democratic regimes. It is very unlikely that any future PM will 'bin' it and far more likely that they will continue to use it to suppress criticism. I certainly don't support criminalised defamation but unfortunately power-mongers love it.

[robblok]

23 minutes ago, khunken said:

You do not seem to understand that the Thai defamation laws have been in force for many years and have been used quite extensively by previous supposedly democratic regimes. It is very unlikely that any future PM will 'bin' it and far more likely that they will continue to use it to suppress criticism. I certainly don't support criminalised defamation but unfortunately power-mongers love it.

exactly.. nobody has ever WANTED to bin it.. its too useful once in power.

[Media1]

2 hours ago, khunken said:

You do not seem to understand that the Thai defamation laws have been in force for many years and have been used quite extensively by previous supposedly democratic regimes. It is very unlikely that any future PM will 'bin' it and far more likely that they will continue to use it to suppress criticism. I certainly don't support criminalised defamation but unfortunately power-mongers love it.

The people if Thailand must man up.and demand it stop work. stop all