Dear friends,
Further to our appeal of September 22 about the military coup in Thailand (UG-018-2006), the Asian Human Rights Commission (AHRC) wishes to inform you that according to the information publicly available, four former government ministers who have been detained by the army but not charged with any wrongdoing have not yet been released. Even under martial law provisions commonly used in Thailand, detainees should be released after one week. We urge you to write to the concerned authorities in Thailand to demand that the law be applied properly and the detainees be formally charged or freed. We also draw your attention to other serious developments against human rights in Thailand since the new junta took power.
As the AHRC informed last week, after the army took power in Thailand on September 19 it placed a number of former ministers and protesters under arrest without charge. The protesters are known to have been released. But the four former ministers are reported to be still in detention. The four are Dr Pommin Lertsuridej, former caretaker deputy prime minister; Pol. Gen. Chidchai Wannasatidya, former caretaker deputy prime minister & caretaker justice minister; Yongyuth Tiyapairat, former caretaker natural resources & environment minister; and, Newin Chidchob, former prime minister’s office minister.
Even under martial law provisions conventionally used in Thailand, which have been in force since the army took power, the military can only hold someone for up to seven days, with the purpose of interrogating them or otherwise. But in this case two are believed to have been held for nine days and now two for seven days.
According to an article in the Bangkok Post of September 27, one of the coup group members, General Winai Phattiyakul, said that the ex-ministers have not been charged and would be released “at an appropriate time”.
ADDITIONAL COMMENT:
The four detained persons are all known to have been close colleagues of the former Prime Minister Thaksin Shinawatra, and all face allegations of involvement in corruption and human rights abuses. The AHRC has itself identified Pol. Gen. Chidchai as partly behind the failure of the government to establish a missing-persons centre when it had the opportunity (AS-133-2006). However, by keeping the ministers under detention without charge in violation of its own military code, the junta is demonstrating the same contempt for human rights and the rule of law as the former government had shown. If these persons have in fact committed some wrongdoing, they must be transferred to police custody, charged, prosecuted and entitled to a legal defence in a court of law.
ADDITIONAL INFORMATION:
Some other recent steps by the junta to curtail fundamental civil rights include the following:
1. Monitoring and closure of some websites.
2. Closure of local radio stations.
3. Banning of radio talk shows and SMS messaging broadcasts.
4. Warning the media and other persons to “cooperate” in news production and distribution.
5. Banning political gatherings.
6. Restricting the movements of government officials.
The junta has also clearly indicated that it will not surrender power after two weeks as it had promised, but merely transfer some power to selected persons.
Statements by the AHRC on the coup can be read here:
AS-227-2006 “No way forward but backward”
AS-224-2006 “Someone had to do something?”
AS-222-2006 “What is benign?”
AS-221-2006 “Junta poses grave dangers to lives and liberties”
AS-219-2006 “Restore civilian government immediately”
Press releases, including statements by groups in Thailand, can be read here:
AHRC-PL-086-2006 “AHRC marks ‘one week of dictatorship’ by celebrating people’s constitution”
AHRC-PL-085-2006 “Resistance to junta growing inside Thailand; media blackout ‘impossible'”
AHRC-PL-084-2006 “Media group calls for defence of free speech, end of martial law”
AHRC-PL-082-2006 “AHRC supports call of prominent senator for immediate return to constitutional rule”
AHRC-PL-081-2005 “Rights groups demand return to constitutional rule”
SUGGESTED ACTION:
Please write to the head of the coup group and other concerned persons to call for these four ministers to be released or charged in accordance with the conventions of law. Please also raise your concerns about the situation of human rights in Thailand under the military regime.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
THAILAND: Four ex-ministers remain in detention after one week
I am writing to you to express my persistent serious concern over the situation of human rights in Thailand since the Royal Thai Army took control of the government on 19 September 2006, and in particular to raise questions concerning the status of four former ministers who are believed still held in detention.
According to media reports, four persons remain in detention without charge after one week or more, namely:
1. Dr Pommin Lertsuridej, former caretaker deputy prime minister; detained September 19;
2. Pol. Gen. Chidchai Wannasatidya, former caretaker deputy prime minister & caretaker justice minister; detained September 19;
3. Mr Yongyuth Tiyapairat, former caretaker natural resources & environment minister; detained since September 21; and,
4. Mr Newin Chidchob, former prime minister’s office minister; detained since September 21.
I am informed that the grounds for their detention may relate to corruption and allegations of other illegal activities in the months prior to the takeover of power by the army.
However, I am also informed that under martial law provisions ordinarily used in Thailand it is not possible to detain someone without charge for more than one week. Specifically, section 15bis of the often cited martial law provisions under the Announcement of the Coup d’Etat Group issue 303 of 13 December BE 2515 (1972) enables detention under military authority not exceeding seven days when someone violates the provisions of martial law or does something potentially harmful to the kingdom.
Accordingly, I urge you to clarify the circumstances of the detention of these four persons. It is not appropriate to state simply that they will be released “at an appropriate time”, as General Winai Phattiyakul is cited as having said. If they have committed wrongdoing, they must be charged and prosecuted in accordance with the law. Otherwise, they must be released.
I also wish to take this opportunity to stress my serious concern about the overall situation of human rights in Thailand at this time. It is known that the army has abrogated the 1997 Constitution, disbanded the Constitutional Court, placed all government ministries under senior bureaucrats, and made a raft of orders restricting civil liberties. It is also reported that the interim constitution will give enormous powers to the military in the coming period, which will effectively return the country to the era of the last dictatorship in 1991.
Like many, I had hoped and expected that the era of military dictatorships in Thailand was over. The fact that the army has again taken control in a country that was otherwise a hope for the advancement of the rule of law and human rights in Asia is an enormous disappointment. I urge the immediate complete withdrawal of the military and return to constitutional rule. In the event that this is not done I fear that within a short time the country will descend into serious conflict such as occurred in 1991-92 and from which it will take many more years to recover.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTERS TO:
1. General Sonthi Boonyaratglin
Chairperson
Council for Democratic Reform
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: govspkman@mozart.inet.co.th
2. Mr. Charupong Reungsawan
Permanent Secretary
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th
3. Mr. Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th
4. Mr. Luis Alfonso de Alba
President
UN Human Rights Council
c/o OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9012 (ATTN: PRESIDENT HUMAN RIGHTS COUNCIL)
E-mail: hrc@ohchr.org, jdiaz@ohchr.org
5. Ms. Louise Arbour
High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9012 (ATTN: HIGH COMMISSIONER)
E-mail: larbour@ohchr.org, hchr@ohchr.org
6. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
Email: wgad@ohchr.org, urgent-action@ohchr.org
7. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th or saneh@nhrc.or.th
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
