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[webfact]

Thailand's human rights on downward spiral
John Draper
Special to The Nation

BANGKOK: -- On August 11, the United Nations Office of the High Commissioner for Human Rights (OHCHR) released a statement pointing out the Commissioner was "appalled by the shockingly disproportionate prison terms handed down over the past few months in lèse majesté cases in Thailand". Specifically, he commented on two separate military courts handing down on August 7 a 60-year sentence, commuted to thirty for a guilty plea, and a 65-year sentence, commuted to 28 for the same reason.

These judgements by military tribunals have set new records for lèse majesté sentences and have been widely reported in the global media. Crucially, it is difficult to assert that the High Commissioner does not understand the Thai situation as he is in fact a prince from an Asian royal house which has for years trodden a nuanced and intelligent line to promote its own survival in the face of rising Islamic fundamentalism - he is Prince Zeid Ra'ad Al Hussein of Jordan.

Spike in lèse majesté cases

As well as highlighting another case in March where the sentence was 25 years, the OHCHR also pointed out the sharp increase in lèse majesté cases in Thailand: "Since the May 2014 military coup, at least 40 individuals have either been convicted or remain in pre-trial detention for lèse-majesté offences, both under Section 112 and under the 2007 Computer Crimes Act", compared to five people in early May.

As well as increasing severity and a rising number of cases, the OHCHR pointed out three recent cases where the people convicted in recent months "are people with psycho-social disabilities", ie, are mentally ill. The imprisoning of mentally ill people for word crimes is unfortunately not one of the hallmarks of an enlightened society.

The nature of the military courts themselves is also criticised for failing "to meet international human rights standards, including the right to a fair trial". The OHCHR points out that observers are barred, ie, the tribunals are secret, and grounds for an appeal are either limited or non-existent. The OHCHR also notes that trying civilians in military tribunals should be exceptional rather than the rule, according to international human rights legislation. This is a reference to the Universal Declaration of Human Rights and the UN International Covenant on Civil and Political Rights, both of which guarantee the right to a fair trial, and both of which are ratified by Thailand.

There are excellent reasons for this position, namely that military tribunals trying civilians undermine the civilian judiciary. This is because they lack independence from the military junta, encourage exceptional and arbitrary procedures that do not meet basic standards of law, and lack actual or perceived independence. They also lack safeguards, are conducted in secret, typically do not presume innocence, and limit the ability to present a full defence.

The OHCHR statement concludes by calling for those sentenced and imprisoned to be released on two grounds. The first is that they were exercising the right to freedom of expression. The second is that the Thai lèse majesté law is too broad and vague and needs to be more specific if it is to be acceptable in terms of international human rights. At this point, it is worth stating that Jordan does have a lèse majesté law - though the maximum sentence of three years is in fact the minimum sentence in Thailand.

This deterioration of the situation regarding lèse majesté sentences in Thailand is part of an overall downward spiral of human rights. This fall from grace has been commented on by the US in its 2014 Human Rights Thailand Country Report, which documented awful failings of the system, especially involving migrant children. In addition, the EU has commented on the case of the 14 New Democracy Movement students facing charges of sedition, and more generally on the Myanmar human trafficking victims and the problem of modern-day slavery in the fishing industry.

UN downgrade and its consequences

However, as the guarantor of universal human rights, the UN is also having to develop a coordinated response to Thailand's worsening rights situation both internationally and at the country level. This includes how it will manage the proposed downgrading of Thailand's National Human Rights Commission (NHRC) from "A" to "B" by the International Coordinating Committee on National Human Rights Institutions (ICC).

There are three main reasons for the possible downgrade: the selection mechanism is neither diverse nor transparent, with little representation from civil society; there is a lack of, or tardy, response to serious human rights violations, including the political violence of 2010; and the Commissioners do not demonstrate professional independence due to their espousing political views while engaged in NHRC work.

The NHRC faces the downgrade at the end of this year unless it improves, but at present this appears unlikely as this year's selection process mirrored that of the previous. It has also not expressed any position on the May 2014 coup. This potential downgrade is essentially a vote of no confidence in the Thai human rights situation. Thailand's ability to express opinions or submit documents to the UN Human Rights Council will be curtailed, and it will not be trusted to report on itself for the scheduled 2016 Universal Periodic Review. The Thai NHRC will also be demoted to observer status at UNHRC regional and international conferences, and it will lose voting privileges at the ICC.

Thailand is facing yet another disgraceful situation regarding human rights. Moreover, if downgraded it will not be taken seriously at the UN in terms of its aspirations, which include a Security Council seat. Senior Thai politicians promoting the country's Philosophy of the Sufficiency Economy (PSE), as Surin Pitsuwan recently did at the UN, may also face scepticism.

One basic problem is that the Thai military risks being accused of inconsistency. The Buddhism-derived 12 Core Values of Thai people personally compiled by General Prayut, introduced in July 2014 and now mandated in the education system from this term, includes the PSE and also promotes tolerance, wishing others well, and generosity. A 60-year sentence does not embody these values.

Source: http://www.nationmultimedia.com/opinion/Thailands-human-rights-on-downward-spiral-30266759.html


-- The Nation 2015-08-18

[selftaopath]

This might be an interesting read:

https://books.google.co.th/books?id=TQrHBQAAQBAJ&pg=PT457&lpg=PT457&dq=how+many+convicted+of+lese+majeste+are+pardoned%3F&source=bl&ots=MdKbhG-Dbd&sig=G3OzOwfkaJ3Cllmf_bfjgoTUc7E&hl=en&sa=X&redir_esc=y#v=onepage&q=how%20many%20convicted%20of%20lese%20majeste%20are%20pardoned%3F&f=false

[oneday]

A fantastically written article and spot on.

I find this sentence very compelling.

"...The imprisoning of mentally ill people for word crimes is unfortunately not one of the hallmarks of an enlightened society..."

[millwall_fan]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

[godden]

I was going to say some thing but after reading this i think not.

[SOUTHERNSTAR]

I think the most frightening aspect is the ability of security forces to plant evidence on peoples computers to get them convicted. The hacking programs they bought enables them to send messages and place posts from your computer. There was an article in the BKK post the other day about a Thai guy that stood trail on LM charges. He was however a fundie and could prove that it wasnt him that posted the facebook message. He was released after 14 months in jail for something he didnt do.

[Somtamnication]

After this bomb blasts, it will only get worse for human rights.

[manhood]

A downgrade from OHCHR wont trigger an outcry from the Thai Government: only outcries are prompt done when it effects the industry, tourism or any other economic fields and if Thailand feels like defamed in their undemocratic acting!

People here get more and more brainwashed, and it starts with the children in school first! Poor Thailand!

[billd766]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

Thaksin used it regularly as have many other people over.

Having said that it does not necessarily need repealing but it does need modifying.

What I personally think is that a department should be set up in the Royal Household staffed with good IMPARTIAL investigators whose job it would be to recieve ALL the LM complaints and investigate them thoroughly and weed out the frivolous complaints.

They could have the accused out on bail rather than kept in jail and then if the complaint is made in good faith procced with it. If it is a frivolous one then severely punish the one bringing the complaint no matter what rank they hold, who their Daddy is, what their name is or how much money they have.

[Srikcir]

"the UN is also having to develop a coordinated response to Thailand's worsening rights situation"

The Junta's efforts to get on the UN Security Council in 2016 should probably be deferred until an elected government is restored to power. And some civility is revived in Thai society. For now such efforts will only result in embarrassment and loss of face. Sadly such results would drive the Junta leadership to a more aggressive and unpredictable behavior.

[taiwanatoa]

A very good article from Asian Human Rights:

http://www.humanrights.asia/countries/thailand/news/alrc-news/human-rights-council/hrc20/ALRC-CWS-20-09-2012

"e. Revoke section 112 of the Criminal Code and the Computer Crimes Act, both of which are vehicles for the abuse of human rights by state agents and neither of which serves its ostensible purposes of protecting Thailand's national interests."

[tbthailand]

A fantastically written article and spot on.

I find this sentence very compelling.

"...The imprisoning of mentally ill people for word crimes is unfortunately not one of the hallmarks of an enlightened society..."

you hit one of the key points IMO - although there are many.

the madness of the LM crazies knows no bounds and this military junta has meted out the heaviest LM sentences - 56 & 60 years - as well as putting mentally ill people behind bars.

Re: military madness and sick LM persecutions, .... From a prachatai report,

At the deposition hearing last year, Anon Numpa, the defence lawyer, said that his client admitted to tearing the image, but claimed that he did not intend to do so because the act was done when he was unaware of his own actions, and the case therefore should be dropped.

The military prosecutor, however, objected and said since the defendant did not plead guilty as charged, the trial must be held and the military court judge ruled in favour of the prosecutor.

On 10 July 2015, Samak retracted his pre-trial statement and pleaded guilty as charged after the court told him that there are seven more prosecution witnesses yet to testify in the case because he could no longer stand the lengthy court process and he wanted the case to end as quickly as possible.

Samak has been diagnosed by Chiang Rai Hospital as suffering serious mental illness for several years and has to take medication to battle visual and auditory hallucinations. The defendant said that he constantly hears whispers. His lawyer presented medical documents to prove that Samak suffered from serious psychosis.

Edited August 18, 2015 by tbthailand

[tbthailand]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

Thaksin used it regularly as have many other people over.

Having said that it does not necessarily need repealing but it does need modifying.

What I personally think is that a department should be set up in the Royal Household staffed with good IMPARTIAL investigators whose job it would be to recieve ALL the LM complaints and investigate them thoroughly and weed out the frivolous complaints.

They could have the accused out on bail rather than kept in jail and then if the complaint is made in good faith procced with it. If it is a frivolous one then severely punish the one bringing the complaint no matter what rank they hold, who their Daddy is, what their name is or how much money they have.

Having said that it does not necessarily need repealing but it does need modifying.

yeah, well, as long as the law exists, there will be people who abuse it.

It just needs to be abolished. Nothing else will stop the human rights abuses

[somo]

Lese Majeste + the law on defamation means that the powers that be can successfully prosecute anyone who says something they don't like. The abuse of both laws to shut people up is doing the opposite as international bodies are shouting louder and louder. The military Gov. is yet to understand that it cannot order those international bodies to be quiet or threaten them with the 2 laws. It is now up to those bodies to keep up the pressure until they do understand. This understanding will only come about when the Thai/Chinese wealth owners start suffering and demand change. At the end of the day it is all only about the money.

[desmondspencer]

All along I thought we only have privileges...

[a99az]

Oh got to be careful how we reply to this one. Human Rights, freedom of speech jumps to mind but guess best to keep mum ........................

[elgordo38]

Just joining the world wide currency spiral, politician spiral(we all know where they are going) economy spirals, respect spiral, morality, greed, and it goes on and on. Thank God I am on an old age spiral as I would sure hate to live forever. The future scares me.

[ryguy]

Article 112 = A Cancer that has eaten away at Freedom of Speech & assembly brainwashed millions into a "propaganda loving machine" When you keep abusing Human Rights and Lock normal middle-class Thai people in a prison for 30 years with no appeals via a Military Court you might have repercussions for that!

When you try to Draft a Constitution based on FEAR...Fear of Change, Fear of the different opinions on the future, Fear of Modernity...FEAR of the "Toxic Thaksin" you will inevitably anger a large section of society and in that you will have people who will commit acts such as these. Until Thai's can start to finally discuss ALL important matters in a "Public Forum" there will surely be more of this.

[ramrod711]

The nature of the military courts themselves is also criticised for failing "to meet international human rights standards, including the right to a fair trial".

Thailand's human rights on downward spiral

While I agree with the first quote, and deplore the use of LM charges, I'm not sure that the second quote is true. 2500 alleged drug dealers were summarily put to death under Thaksin, Muslims were stacked like cordwood into trucks and left to die. How much of a downward spiral can you go into after that?

[GAS]

Was an article recently in the LA times that goes over some of this stuff, it's a good read. I am too saddened by the current state of affairs.

[billd766]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

Thaksin used it regularly as have many other people over.

Having said that it does not necessarily need repealing but it does need modifying.

What I personally think is that a department should be set up in the Royal Household staffed with good IMPARTIAL investigators whose job it would be to recieve ALL the LM complaints and investigate them thoroughly and weed out the frivolous complaints.

They could have the accused out on bail rather than kept in jail and then if the complaint is made in good faith procced with it. If it is a frivolous one then severely punish the one bringing the complaint no matter what rank they hold, who their Daddy is, what their name is or how much money they have.

you can't be serious? horrible post full of naivety and stupidity

Why don't you treat the post as serious?

Do you have any better ideas other than repealing the bill, as that will never happen in Thailand in my lifetime and I am 71. If my wife is lucky and she is 49 it may happen in her lifetime but it certainly will in my son's lifetime but he is only 12.

It makes no difference to Thais what farangs post or think or want as we have no voice here at all, other than among ourselves.

[ryguy]

Yes, it does matter what Farang's say and explain to Thai's. I do it all of the time

and when explained what LM charges are and how many people have gotten them and for what supposed stated crimes they committed as well as how long the sentences were almost all

want the law changed.

They have been Brainwashed for many years and any Thai to me over 55 will never change their mind.

Younger Thai's I see when spoken to 90% say this has got to end and the law amended as soon

as possible. They are all afraid as that is the goal of the Propaganda machine run for centuries here.

[baboon]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

Thaksin used it regularly as have many other people over.

Having said that it does not necessarily need repealing but it does need modifying.

What I personally think is that a department should be set up in the Royal Household staffed with good IMPARTIAL investigators whose job it would be to recieve ALL the LM complaints and investigate them thoroughly and weed out the frivolous complaints.

They could have the accused out on bail rather than kept in jail and then if the complaint is made in good faith procced with it. If it is a frivolous one then severely punish the one bringing the complaint no matter what rank they hold, who their Daddy is, what their name is or how much money they have.

you can't be serious? horrible post full of naivety and stupidity

I shall have to take your word for it. I stopped reading after "Thaksin".

[metisdead]

It is perfectly acceptable to report on events and give opinions, it is not acceptable to post in a manner in which to bash any specific country. Numerous posts and replies have been removed.

[millwall_fan]

The whole sorry state of Thai politics today, is largely as a result of this law. The Elite defend the indefensible by hiding behind it. Unfortunately that is about as much as I - or anyone else - can say....due to this law. The country will find it difficult to move on until it is completely repealed.

Thaksin used it regularly as have many other people over.

Having said that it does not necessarily need repealing but it does need modifying.

What I personally think is that a department should be set up in the Royal Household staffed with good IMPARTIAL investigators whose job it would be to recieve ALL the LM complaints and investigate them thoroughly and weed out the frivolous complaints.

They could have the accused out on bail rather than kept in jail and then if the complaint is made in good faith procced with it. If it is a frivolous one then severely punish the one bringing the complaint no matter what rank they hold, who their Daddy is, what their name is or how much money they have.

The whole reason the law must be repealed is because no-one is going to uphold it IMPARTIALLY in this country.I mean who are you talking about? Judges? Civil Servants? Academics?. They are all members of the Elite - or in a tiny minority of cases -against it. None of them are IMPARTIAL - no-one wants to uphold just laws and prosecute offenders with equanimity because that is what's best for the country. It's a case of what's best for me and my kind and for my even-higher-up sponsor.

[daveAustin]

Such a shame, Thailand could (SHOULD) be such an amazing place. Unfortunately it's becoming more akin to something out of Asia's dark history and rapidly going down the plug hole.