UPDATE (Thailand): Four months of martial law under dictatorship; emergency rule in south to continue

Dear friends,

The military junta that has now controlled government in Thailand for four months has in recent weeks made clear that martial law was never partially lifted at the end of November, as it had earlier ordered, and that it instead now intends to use more of the powers under that law to stifle dissent to its illegal rule. Meanwhile, it has said that it will extend the emergency regulations in the southern provinces that are exacerbating unrest in the region. It is also taking many other steps to consolidate the return of the army to power in Thailand, which together constitute a serious threat to the prospects for human rights, the rule of law and democracy in the country in coming years.

MARTIAL LAW:

On September 19 the military junta in Thailand imposed martial law, under which army officials have enormous powers to stop demonstrations, close roads, censor news, search people and places at any time, arrest and detain people, and give orders to the bureaucracy and judiciary, as if the country was at war.

At the end of November the regime stated that martial law was being lifted in 41 of the country’s 76 provinces, including Bangkok.?

However, at the start of January the head of the military regime, General Sonthi Boonyaratglin, made clear that the King of Thailand had never signed the order to lift martial law and so it is still in full effect in the whole country. He said that the armed forces now have the intention to use more of the provisions of martial law in the coming period, and it has since been announced that the provision denying more than ten persons the right of assembly will be actively applied in the south, apparently in order to stop local people protesting outside police stations and government offices against arbitrary arrests under emergency regulations there. Many such persons are alleged to be tortured, and some subsequently disappeared and killed.?

The whole of Thailand has now been under the rule of the gun for four months, with no indication of when that situation will change.

EMERGENCY DECREE IN THE SOUTH:

Meanwhile, the military regime has also said that it will extend the Emergency Decree over the southern border provinces for a further three months when it expires on January 19.

The decree was introduced by the former prime minister in mid-2005 as part of his heavy-handed approach to the violent conflict in that part of the country. It grants even wider powers to the army and police than martial law and grants them complete impunity from prosecution for any actions taken under it, prompting the UN Special Rapporteur on extrajudicial killings to say that it makes it possible for them to “get away with murder” (see AHRC-PL-056-2006).

The emergency decree has only helped to worsen the conflict, and independent bodies that have studied the situation in the south have recommended that it be withdrawn, including the prominent National Reconciliation Commission (read final report). The former government ignored the commission’s findings.

When the military regime took over, it placed as a top priority solving of the conflict in the south of Thailand, and also mouthed concerns about the need to end the emergency regulations there (AS-255-2006). But this has never happened. Instead as the violence has continued so has General Sonthi extended the decree and is due to do so again, as it must be renewed after three months.?

OTHER RESTRICTIONS:

In recent days the government has been criticised by journalists writing for newspapers and magazines (broadcast media is heavily centralised and under strong control) for attempting to silence reporting on the activities of the former government and other opponents. In fact, it has from the start sought to interfere in the media much more than any other government in recent times, and according some data, internet censorship has jumped by over 500 per cent since it took control (AHRC-PL-004-2007). The AHRC earlier issued an appeal on the closing of websites and radio stations under the junta (UP-190-2006).

Meanwhile, movements and activities of various groups and individuals are continuing to be closely monitored and pressure applied to continue to give the false impression that there is not much discontent about the military regime. A news report in the Bangkok Post on January 19 stated that 1628 new security cameras will be installed in public places around Bangkok to monitor public movements there.

BEHIND THE SCENES:

Even more dangerously, the military regime has initiated a huge number of changes to restore its own people to power and reorganise state agencies in its favour, as well as vastly increase the military budget. Having accused the former government of nepotism and corruption, it has now behaved identically by promoting and appointing its own supporters to positions of authority, awarding itself big salaries and allocating huge resources for its own objectives.

Of special concern is the revival of the Internal Security Operations Command (ISOC) under the command of General Sonthi as a key coordinating and investigating agency. The ISOC was a cold-war era anti-communist body that allegedly ran death squads responsible for the murders of peasant leaders, trade unionists and others with left-wing or anti-government affiliations in the 1970s and 80s. Its power was subsequently diminished and in the time of the former government it was placed under the authority of the prime minister. But the new regime has revived the agency and ordered that all policing and investigative bodies, including those groups that are meant to be semi-independent, like the Department of Special Investigation under the justice ministry, report to it. This is a reversion to an anti-rule-of-law model of the state that existed decades ago in Thailand. It also runs contrary to the principles that underpin the 1997 Constitution, which the military has purported to be reforming while in fact destroying it.

For previous appeals and other relevant material on the 2006 military takeover of Thailand and its consequences, please see: Thailand: Military Coup 2006 (issued one month after the takeover) and the AHRC Human Rights Report 2006: Thailand.

SUGGESTED ACTION:

Please write to the head of the military regime in Thailand, General Sonthi Boonyaratglin, to demand the immediate lifting of martial law and also an end to the emergency regulations in the south and an immediate return to civilian constitutional rule there.

To support this case, please click here: SEND APPEAL LETTER