Article 44 should be axed and civilians tried in normal courts, Amnesty International says

[rooster59]

Article 44 should be axed and civilians tried in normal courts, Amnesty International says

By Wasamon Audjarint
The Nation

 

The United Nations Human Rights Committee's session in Geneva

 

CANCELLING Article 44 in the interim charter, passing the torture and enforced disappearance bill and transferring civilian cases from the military court to normal courts were among proposals included in Amnesty International’s report on rights in Thailand.

 

The report was submitted to the United Nations Human Rights Committee for its review of Thailand’s compliance with the International Covenant on Civil and Political Rights on Monday and Tuesday in Geneva. It became publicly available on Thursday.

The 14-page report recommended that Article 44, which grants sweeping power to the National Council for Peace and Order (NCPO) head, be repealed, together with NCPO order 3/2015 that grants policing power to military officers to perform arbitrary detention.

It also called for all cases of civilians before military courts to be transferred to civilian courts, and for individuals detained for peaceful exercise of human rights to be released and other such cases to be reviewed.

The draft bill on the prevention and suppression of torture and enforced disappearance should also comply with relative UN Conventions and be passed by legislators immediately, it said. Prosecutions of alleged perpetrators for torture and enforced disappearance should also proceed, and fair compensation paid to victims and relatives.

In regard to refugees, the AI report recommended that Thai authorities adopt a law concerning refugees and asylum seekers, to ensure that such people are granted legal status and access to fundamental life needs, as well as independent legal advice and representation.

On future Thai politics, new laws, including those governing future elections or referendums, should not arbitrarily restrict human rights and freedom of expression or assembly, it said.

Appropriate measures should also be taken to protect the right to life, including by responding to death threats against human rights defenders and activists. 

Business enterprises should also put in place due diligence processes to ensure they do not cause or contribute to abuses of the right to life throughout their operations, it added.

Source: http://www.nationmultimedia.com/news/national/30309477

 

-- © Copyright The Nation 2017-03-18

[canuckamuck]

Civilians should be tried in normal courts but all they have here are Thai courts.

[ezzra]

And the PM should reply: Amnesty international is my father......

[Nigeone]

I always love the contrasting stories that come out depending which side is reporting..You have the Junta with there never ending rhetoric that all these groups see what a wonderful job there are doing in Thailand . Then all the other groups ,the actual ones that matter basically condemning everything that's been going on... Well I for one know who I should believe !! 

[darksidedog]

The report is quite right in what it calls for. I am sure the UN will agree, but sadly will fall upon deaf ears and denial here.

[Reigntax]

44 and the military should be axed and Prayuth charged in a criminal court. Then Thailand may move forward.

Edited March 18, 2017 by Reigntax

[Chip Allen]

It's nearly time for another mass demonstration by Thai people demanding that the USA stay out of their politics. 25 yellowshirts showed up at the last one. They're gaining traction.

[yellowboat]

A totally reasonable report, but where to find a reasonable audience in Thailand ?  The downtrodden, who the UN is trying to help, are too terrified or uneducated to speak up.  

[williamgeorgeallen]

1 hour ago, Reigntax said:

44 and the military should be axed and Prayuth charged in a criminal court. Then Thailand may move forward.

thailand needs to get a move on. they are almost due for another coup and that cant happen till the army gives up power.

[thesetat2013]

1 hour ago, darksidedog said:

The report is quite right in what it calls for. I am sure the UN will agree, but sadly will fall upon deaf ears and denial here.

Is it really denial when they are told previously that the eexplanations were accepted already? 

[darksidedog]

10 minutes ago, thesetat2013 said:

Is it really denial when they are told previously that the eexplanations were accepted already? 

Actually, we only have the word from within Thailand that the explanations were accepted, a claim I felt was dubious. I am yet to hear the UN agree everything is OK.

Also, this came from Amnesty International, not the UN, so I guess it needs to be denied too.

[Jimbo2014]

Pictured below - Thai government Response :D

[sanukjim]

Amnesty International has no idea of why the article is being used in LOS.Since the military coup,the army chief has taken on his self to right many of the wrongs that have been happening since an ex BIB colonel  was in charge.The so called "normal courts" are so involved with bribes that there is no justice with out payoffs.Article 44 is the only way to get at least some of these things corrected.Amnesty International wants everyone to be a copy of what they believe should be lawful and correct.What each country needs is not the same as others.AI should stay on the sidelines and observe and learn because you do not know what you think that you know.

[mtls2005]

What's the point of seizing power, tearing up a constitution and giving yourself amnesty if you're not going to exercise absolute power?

 

These "human rights" people need to get over themselves. Thailand is "unique" and needs the guidance of the "good people".

 

Once an "understanding" is reached all will be as it was in the olden days.

 

/irony

[sanukjim]

5 minutes ago, mtls2005 said:

What's the point of seizing power, tearing up a constitution and giving yourself amnesty if you're not going to exercise absolute power?

 

These "human rights" people need to get over themselves. Thailand is "unique" and needs the guidance of the "good people".

 

Once an "understanding" is reached all will be as it was in the olden days.

 

/irony

I only know about the "olden days" of the 1960s up to now but,For many years a prim minister led the country enriching himself and others while giving the people a small piece of the pie .When he over steps his self importance then a coup is preformed and he is ousted but allowed to keep most of his riches and it is another's turn.During the Thaksin era he only enriched his family and did not share with other higher ups in politics and the government.His election votes was "openly" bought in the villages from 100 to 500 baht per person per vote..When he was ousted he was very close to getting laws passed that would have made him PM for live.He had to go.What is happening now is for the betterment of LOS.In my opinion..

[Reigntax]

1 hour ago, williamgeorgeallen said:

thailand needs to get a move on. they are almost due for another coup and that cant happen till the army gives up power.

 

History tells us a coup can occur against the junta by a seperate military faction. If every such was justified, it is probably now before the damage becomes irreversible.

 

The UN is a weak group of has beens with no bite and lots of trash talk. Then again, Thailand is hardly significant in the context of either being a threat or even a minor player in world affairs.

[mtls2005]

What is happening now is for the betterment of LOS.In my opinion..

 

Yes, the military and amart have been telling themselves this since 1933, apparently it never gets old.

 

 

History tells us a coup can occur against the junta by a seperate military faction. 

 

While there is ample history of this in the past, it has often been precipitated by other concurrent significant events. And there does remain some conflict between the two Army factions (Burapha Payak and Wongthewan). But the Thai military (Army) has learned to minimize the chances of that through rotations,  and the chances of a counter-coup (successful or unsuccessful) are infinitesimal.

Edited March 18, 2017 by mtls2005

[williamgeorgeallen]

13 minutes ago, sanukjim said:

I only know about the "olden days" of the 1960s up to now but,For many years a prim minister led the country enriching himself and others while giving the people a small piece of the pie .When he over steps his self importance then a coup is preformed and he is ousted but allowed to keep most of his riches and it is another's turn.During the Thaksin era he only enriched his family and did not share with other higher ups in politics and the government.His election votes was "openly" bought in the villages from 100 to 500 baht per person per vote..When he was ousted he was very close to getting laws passed that would have made him PM for live.He had to go.What is happening now is for the betterment of LOS.In my opinion..

what is happening now is the same as has always happened. nothing is going to change, it just another coup in the endless cycle of coups.  why do you think it is any different this time?

[payttayasquirt]

The thai people have only themselves to blame for a failed democracy.

Don't blame the junta if thais are not ready to accept democracy.

Grow up thailand and accept who has been elected and only then will the military stop intervening

[mtls2005]

2 minutes ago, payttayasquirt said:

The thai people have only themselves to blame for a failed democracy.

Don't blame the junta if thais are not ready to accept democracy.

Grow up thailand and accept who has been elected and only then will the military stop intervening

 

Yes, it's all the fault of those pesky peasants.

 

 

[payttayasquirt]

 
Yes, it's all the fault of those pesky peasants.
 
 

You got that right!

[sanukjim]

10 minutes ago, payttayasquirt said:

The thai people have only themselves to blame for a failed democracy.

Don't blame the junta if thais are not ready to accept democracy.

Grow up thailand and accept who has been elected and only then will the military stop intervening

Since the 1930s The LOS army has ALWAYS been in charge of the country.The people have been kept in the dark about any rights or their importance via controlled education and news media..It is and has never been the people of LOS fault as how their government is ran.With the military  always in charge it might be close to being called "A Benevolent Dictatorship".

[payttayasquirt]

Since the 1930s The LOS army has ALWAYS been in charge of the country.The people have been kept in the dark about any rights or their importance via controlled education and news media..It is and has never been the people of LOS fault as how their government is ran.With the military  always in charge it might be close to being called "A Benevolent Dictatorship".

Nonsense. No riots no military.
It's that simple.
Your creating a fantasy
There is no doubt the military is powerful and I for one am glad they are because you and the rest of us would be back home while a civil war rages

[Bangkok Barry]

Article 44 should be axed and civilians tried in normal courts, Amnesty International says.

Yes, and now what? Any point in their declaration?

[tbthailand]

1 hour ago, payttayasquirt said:

The thai people have only themselves to blame for a failed democracy.

Don't blame the junta if thais are not ready to accept democracy.

Grow up thailand and accept who has been elected and only then will the military stop intervening

how naive

 

have you read any Thai history?

[payttayasquirt]

how naive

 

have you read any Thai history?

I live in lower Sukhumvit and have seen the last 2 coups. I can tell you about modern history I saw it all.

What would you like to know?

My guess is you were not there and rely on internet research. Correct?

When farang see what they don't want to see, hear what they don't want to hear they turn to conspiracy to justify their logic

Lets not forget the military placed soldiers in civilian gear to instigate riots lol that's a good one

[dageurreotype]

2 hours ago, sanukjim said:

Amnesty International has no idea of why the article is being used in LOS.Since the military coup,the army chief has taken on his self to right many of the wrongs that have been happening since an ex BIB colonel  was in charge.The so called "normal courts" are so involved with bribes that there is no justice with out payoffs.Article 44 is the only way to get at least some of these things corrected.Amnesty International wants everyone to be a copy of what they believe should be lawful and correct.What each country needs is not the same as others.AI should stay on the sidelines and observe and learn because you do not know what you think that you know.

Are you suggesting Magical Made Up Article 44 be used in every court in the land then? Because that is what it would take to procure any justice here.

 

[dageurreotype]

4 hours ago, Reigntax said:

44 and the military should be axed and Prayuth charged in a criminal court. Then Thailand may move forward.

'Then Thailand may move forward'  Pfft, that boat sailed decades ago.

[dageurreotype]

10 minutes ago, payttayasquirt said:

I live in lower Sukhumvit and have seen the last 2 coups. I can tell you about modern history I saw it all.

What would you like to know?

My guess is you were not there and rely on internet research. Correct?

When farang see what they don't want to see, hear what they don't want to hear they turn to conspiracy to justify their logic

Lets not forget the military placed soldiers in civilian gear to instigate riots lol that's a good one

I've seen three. So there 

[tbthailand]

23 hours ago, payttayasquirt said:

I live in lower Sukhumvit and have seen the last 2 coups. I can tell you about modern history I saw it all.

What would you like to know?

My guess is you were not there and rely on internet research. Correct?

When farang see what they don't want to see, hear what they don't want to hear they turn to conspiracy to justify their logic

Lets not forget the military placed soldiers in civilian gear to instigate riots lol that's a good one

right, so nothing pre-Thaksin, ... that is what it sounded like. Which is what I mean by naive.

 

Nope, don't rely on the internet. Have a very Thai family, and I care about their rights, ... human rights.