Dear friends,
The Asian Human Rights Commission (AHRC) wishes to forward to you the following press release from the Cross Culture Foundation (CrCF) and the Muslim Attorney Centre Foundation (MAC) regarding Thai Universal Periodic Review (UPR).
Asian Human Rights Commission
Hong Kong
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A Press Release from the Cross Culture Foundation (CrCF) and the Muslim Attorney Centre Foundation (MAC) forwarded by the Asian Human Rights Commission (AHRC)
THAILAND: Urging Thai Government to heed to recommendations by country delegation made during the UPR regarding justice process and unrest in the Southern Border Provinces
14 March 2012
A statement urging the Thai government to heed to recommendations by country delegations made during the Universal Periodic Review regarding justice process and unrest in the Southern Border Provinces
On 6 March 2012, a report has been submitted to the UPR Working Group under the United Nations Human Rights Council (HRC) summarizing recommendations which have been accepted and rejected by the Royal Thai Government (RTG). The report was deliberated by the UNHRC on 15 March 2012. The Cross-Cultural Foundation (CrCF) and The Muslim Attorney Centre Foundation (MAC), the two NGOs which have been working to promote access to justice in the Southern Border Provinces (SBPs), particularly among people affected by the enforcement of security laws, would like to express our concerns about the report submitted by the RTG regarding unrest in the SBPs and human rights abuse as a result of the enforcement of the special laws as follows;
Issues concerning criminal justice process and security laws
1. In 2011, CrCF and MAC have submitted a report to the Committee of the Rights of the Child (CRC) regarding child rights and juvenile justice process in the course of the implementation of special laws. The report sheds light on abuses of child rights including detention invoking the special laws. Though security laws including the Emergency Decree on Government Administration in States of Emergency B.E. 2548 (2005) require that children be detained separate from adults, but in reality, many children have been held in custody in the same facilities shared with adults and many of the children have been subjected to torture and forced to make confession. In the concluding observations by the CRC submitted to the RTG, the CRC express their concern about the detention of a child under 18 years of age and that no proper treatment of an underage detainee has been enforced despite their being detained for over 30 days. Thus, the CRC recommended to the RTG “to review its security-related laws with a view to prohibiting criminal or administrative proceeding against children under the age of 18…”
2. On 13 March 2012, with advice from the National Security Council (NSC), the cabinet decided to renew the imposition of the Emergency Decree in the SBPs for another three months, from 20 March – 19 June 2012. The resolution was made simply on intelligence from security agencies which claim that insurgencies in the area still continue unabated, but no explanation has been made to public as to how the renewal of the states of emergency may have led to concrete solutions to the unrest and how long the order will be imposed. Certain areas in the SBPs are exempted from the imposition of states of emergency including Mae Lan District, Pattani Province, and Martial Law is also lifted in the four districts of Songkhla Province. But the laws are simply replaced by another security law, the Internal Security Act B.E.2551 (2008). Though the state claims that the new law is more friendly to local people, but according to information received by the Foundations, local people in area where the ISA is applicable are still subjected to arrests and detention by security forces and some technical and legal loopholes have been exploited to transfer the persons arrested outside the area imposed by states of emergency to the area where the Emergency Decree is applicable in order to hold them in custody for at least 30 days. Also, during the detention, the persons held in custody are persuaded to participate in training programs offered under Section 21 of the ISA in lieu of being prosecuted, and some have even been tortured and forced to join the training programs. Such compulsory treatments are in breach of either the rule of law or Thailand’s international obligations as a state party to the UN Convention Against Torture (CAT) and International Covenant on Civil and Political Rights (ICCPR).
3. CrCF and MAC would also like emphasize to the UNHRC delegation that Section 17 of the Emergency Decree disallows judicial review by the Administrative Court. According to the Section, people affected by the Emergency Decree are not allowed to file complaints to demand investigation or to challenge any administrative orders, directives, notifications or any acts which may constitute an abuse of administrative power and may have led to human rights abuse. Such circumvention of the jurisdiction of the Administrative Court simply works to defend the state making them free of necessary judicial review.
CrCF and MAC would like to demand and emphasize that the RTG should accept and act in compliance with the recommendations made by country delegations through the UNHRC’s UPR in order to solve unrest in the SBPs and to immediately revoke the enforcement of security laws. In addition, safeguards must be put in place to ensure that no security laws shall be applied to a child under 18 years of age.
For more information please contact:
– Ms.Pornpen Khongkachonkiet +66 2 693 4939
– Mr.Sitthipong Chantharawirote +66 89 873 1626
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