Category Archives: rule of law

Bangkok court shoots self in foot, again

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A court in Thailand inched closer to its counterparts in neighboring Burma last week when it sentenced an anti-coup protestor to 18 years in prison. The Bangkok criminal court convicted Daranee Chanchoengsilapakul on three counts of lese majesty arising from statements she made in a rally to support the ousted prime minister, Thaksin Shinawatra. In the speech, she connected the 2006 military takeover to the palace, and drew parallels between events in her country and the fate of the monarchy in Nepal, which was abolished in 2008 after a popular uprising.

The charges were brought against Darunee following a complaint from Sondhi Limthongkul, the leader of the army-sponsored anti-Thaksin movement that occupied the prime minister’s offices for three months and the national airport for about a week last year. Neither he nor any of his cohorts have been brought to justice over those events, despite the massive criminality involved, including assaults and alleged murders, wanton vandalism, and theft of public and private property. While targeting opponents for alleged crimes of thought and speech, Sondhi and allies continue to spread their own vitriol through a variety of broadcast and Internet media.

The judges made little pretense of conducting the trial fairly. Continue reading

Six men, two years, Hinthada

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Two years ago a court in Burma sentenced five farmers to four years’ jail for allegedly causing a public disturbance; a sixth man received eight years for two counts of the same offence. Tomorrow, on July 24, the five will have served half of their terms. In all likelihood, they will have to serve the other half before being released.

The six were imprisoned because they had the audacity to talk about human rights and tried to help people where they lived who had problems with the local authorities.

In April 2007, a group of thugs under orders from the village council attacked Ko Myint Naing, the one who was sentenced to eight years. He suffered serious injuries and was hospitalized in Rangoon. He responded by laying charges against the attackers. After that, he and the five farmers – U Win, Ko Kyaw Lwin, U Myint [above left], U Hla Shein [above right] and U Mya Sein – were accused of stirring up trouble and jailed.

A lot has happened since. The men were in prison throughout the historic monk-led protests of August and September 2007. They were in prison during Cyclone Nargis and the farcical constitutional referendum of May 2008. They have been in prison through two birthdays of their children, two harvests of wet season paddies, two of dry. They will probably still be in prison when some kind of general election is called next year, and when a parliament of sorts sits for the first time in over two decades after that.

All of these things would have happened with or without the six being behind bars. Their captivity is immaterial to the state as a whole. None are prominent political activists whose lives are celebrated abroad and whose circumstances provoke serious responses from international agencies. None would have made a difference at a national level. They were neighborhood activists, concerned with the things that mattered in the lives of people around them.

It is for precisely this reason that their stories deserve to be recalled and their names known. Continue reading

Questions, not dismay, over Tak Bai findings

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It took five years for a court in Songkhla, southern Thailand, to hold an inquest into the deaths of 78 men after they were detained along with over 1,000 others outside the Tak Bai police station in October 2004. But for all the time spent and witnesses heard, the findings [in English] handed down on May 29 obscured as much as they revealed.

By law, the inquest was supposed to identify who died, where, when, how, why and thanks to whom. The judges omitted most of what the court was told about the how and why, and failed to name any specific responsible persons in their closing remarks.

They also tried to excuse those involved by pointing out that they had been performing their duties under difficult circumstances, even though this is a matter for a trial court to consider, not one for a post mortem inquiry.

While the court failed to do the minimum expected of it under law, it could not deny that the 78 men had all suffocated to death in trucks en route to an army camp. That the men were stacked onto one another like pigs being taken to slaughter slipped from the narrative, but that they were in military custody and died of unnatural causes is now on the judicial record. Continue reading

Double legal standards jeopardize Thailand

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"We want to complain about a missing husband. He left home to join the Red Shirts and went missing." "He went missing on the day the army broke up the mob?" "No. On the day the police summoned him."

At a meeting of lawyers and jurists in Hong Kong this week a participant from Thailand identified the key issue for her country’s legal system as political control of the judiciary. Her statement was remarkable not because it revealed something that other participants didn’t already know, but because not long ago few professionals from Thailand willingly admitted that their laws and courts operate according to double standards. Now, few can deny it.

The double standards have been all too apparent this month. Following protests that forced leaders of the Association of Southeast Asian Nations and partner countries to flee from a summit venue in Pattaya, the incumbent prime minister, Abhisit Vejjajiva, imposed a state of emergency as blockades and violence spread in Bangkok. The army deployed. A court promptly issued arrest warrants for the red-shirted demonstrators’ leaders. Some were quickly rounded up and detained, while others went into hiding.

By contrast, the yellow shirts that took over Government House and two international airports for an extended period last year were allowed to stay put until the government was forced out through a court ruling on a narrow question under the army-imposed 2007 Constitution. No soldiers came to eject them. The legal process took weeks to move against the organizers. When the new prime minister was questioned on the authorities’ inactivity he disingenuously said that it was a matter for the police, not him. The criminal inquiries have been repeatedly postponed and at no time have the yellow shirts’ leaders been held in custody. One of them, businessman Sondhi Limthongkul, last week survived a shooting attack on his car.

Although the ousted Thaksin Shinawatra regime undermined the work of the upper courts, it was the 2006 military coup that brought them back firmly and openly under executive control. The coup leaders shut down a senior court, appointed a tribunal in its stead, had it go after the former premier, declared themselves immune from prosecution and proclaimed all their orders lawful. After voters re-elected Thaksin allies to the lower house of parliament (top judges are now responsible for the upper), it took two absurd legal cases against successive prime ministers for the coup-makers to finally get a government after their own heart, rather than one that the electorate wanted. The judges responsible for the verdicts included men who owed their jobs to the generals.

The double legal standards in the handling of rival political camps have done nothing to diminish the likelihood of further bloodshed and uncertainty in the near future. On the contrary, the obvious differences in how the yellow shirts and red shirts have been treated will only encourage government opponents to resort to increasingly extralegal means to get their way. Both sides and their backers have the aptitude and means for violence. Thanks to the politicizing of Thailand’s courts, now they have more appetite for it too.

Source: Thai courts’ use of legal double standards encourages extralegal means by opposition

Visit to UNDP ends in prison

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Among the many people in Rangoon’s central jail who shouldn’t be there are a couple of journalists. These two did not write or say anything against the government. They didn’t do anything that constituted a threat to the army or its hold on power. Yet they were imprisoned on a charge of inciting others to “commit an offence against the state.”

How this happened illustrates the difficulties faced by people in Burma wanting to improve their society without putting themselves at risk.

The story begins just after Cyclone Nargis hit the country last May. The house of 24-year-old reporter Eint Khine Oo in the outer suburbs of Rangoon was not too badly damaged. After she and her family had patched it up, she started travelling around nearby areas to see how she could help. She worked with the local Red Cross, and sent some news to her journal, Ecovision.

Around a month later she ran into 29-year-old Kyaw Kyaw Thant, another reporter and a former editor of the popular Weekly Eleven journal. He had also been looking around to see what was going on and what he could do about it. Like so many people, he brought food and money to cyclone victims. He gave the money to Red Cross personnel to pay for some medicines.

The two of them got talking. Local authorities were trying to force a group of homeless people staying at a religious hall to go back to their now nonexistent houses. The people didn’t want to stay in the hall, but it was raining and they had no materials with which to make temporary shelters back where they had come from.

The reporters spoke with Red Cross country staff and agreed to go to the International Committee of the Red Cross in town, in the naive hope that they might be able to get some assistance there. But rather than going by themselves they decided it would be better if some of the people in need of the materials came too.

Continue reading

Cyber-thought crime in Bangkok and Rangoon

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A court in Rangoon on March 5 sentenced three men who didn’t know each other to a decade’s imprisonment for a crime that they never committed – or rather, for a crime so nebulous that if any of them had ever used a computer he wouldn’t know if he had committed it or not.

The three, Win Maw, Zaw Min and Aung Zaw Myo, were accused of sending news about the September 2007 protests in Burma through the Internet. All were already in jail for other purported crimes.

The next day, police in Bangkok came to one of Thailand’s few outspoken and credible media outlets, Prachatai, searched the premises and arrested its director, Chiranuch Premchaiporn. She is accused of having failed to patrol, censor and delete the comments that readers left on a news website.

The police have charged Chiranuch under the Computer Crime Act 2007, which is only an “act” to the extent that the assembly of handpicked military stooges that passed it could be considered a legislature. According to this law, the importing of “false computer data, in a manner that is likely to cause damage” to a third party or the public or “is likely to damage the country’s security or cause a public panic” can land the accused a five-year jail term.

Now let’s compare that with Burma’s Electronic Transactions Law 2004, Continue reading

Five years…

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Somchai Neelaphaijit. Still missing, still no one punished: March 12, 2004

We will not forget.

DOWNLOAD NEW BOOK: Reading between the lines, by Angkhana Neelaphaijit (Thai version available here)