TRC Says Think Hard Before Prosecuting: Thai Opinion

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BURNING ISSUE

TRC says think hard before prosecuting

Avudh Panananda

The Truth for Reconciliation Commission of Thailand has circulated its seven recommendations urging the government to review the prosecution of cases linked to political conflict and alleged lese majeste offences.

In comparison to its eight recommendations released before the July general election, the TRCT did not come up with any additional ideas but aimed to clarify how to ensure due process for all parties involved in the conflict from before the 2006 coup to last year’s violence.

The TRCT’s underlying message to two successive governments under Abhisit Vejjajiva and Yingluck Shinawatra was that the prosecution should avoid laying excessive charges or proceeding with trials despite weak evidence.

Violations of the emergency rule, remarks deemed offensive to the monarchy, and charges of criminal association and other activities in connection with street protests all had political conflict as their root cause.

Public prosecutors should not rush to try politically linked cases before uncovering sufficient evidence to give a legal context to each incident.

The TRCT duly noted – although a large number of cases involving protesters and rally organisers were at various stages of judicial review – authorities suspected of having been involved in killings had not been tried or targeted for judicial inquests on the victims’ cause of death.

It reminded all parties concerned that lopsided prosecution might be perceived as injustice.

Defendants in such cases should be granted bail. Should temporary release be denied, they should be detained separately from criminal suspects.

The government should form an ad hoc panel or organisation to take charge of the restitution of victims of violence.

In regard to offences against the monarchy as per the Criminal Code and the Computer Act, the government and public prosecutors should be mindful about violations taking place amid political conflict.

While offenders should be punished for undermining the country’s revered institution, authorities should not pursue the criminal litigation in a zealous manner without factoring in the stifling atmosphere that could have an adverse impact on the monarchy.

The prosecutors should exercise their discretion to try only cases with legal merit to uphold the monarchy rather than allow rival camps to fault one another with lese majeste allegations.

The Yingluck government last week acknowledged and agreed to implement the recommendations. A panel led by Deputy Prime Minister Yongyuth Wichaidit was formed to take charge of translating the recommendations into concrete results, including compensation payments for victims.

The government pledged to expand the compensation payments to cover Southern violence, such as the Krue Se Mosque bloodshed.

When the Pheu Thai Party was in opposition, the red shirts led street protests culminating in last year’s violence. Now, the tables have turned and the party is in power. The red shirts are no longer on the streets, becoming insiders at the seat of government.

But political conflict appears to persist. Parties still insist on their version of the truth. Last year the political struggle hit the streets; this year the fight has moved to various legal arenas where rival camps are speaking legalese to outwit one another.

Although the TRCT has one more year to complete its job in uncovering how and why violence erupted last year, it is far from certain at this juncture that all sides will accept the commission’s conclusion and heed the lessons of political violence.

In one of the initial findings, the TRCT noted the role of the black shirts in escalating violence from April 10 to May 19 last year. Furthermore the black shirts were highly suspected of being linked to the red shirts.

Will the red shirts ever concede to having blood on their hands, directly or indirectly?

-- The Nation 2011-09-27

[Arkady]

Do they really believe that Dr T is gonna care what they say about not prosecuting the names in his little black book when he gets back behind the wheel? I don't think so.