Tag Archives: Saraburi

Asia needs a new rule-of-law debate

(Der Rechtsstaat in Thailand)

The rule of law has been getting talked up in Thailand a lot since the former prime minister’s wife, Pojaman Shinawatra, lost a criminal case before a special bench of the Supreme Court, and her husband skipped both town and bail prior to a hearing against him too.

Amid the many editorials and headlines (Krungthep Turakit above: Thaksin, Pojaman flee), academic Michael Connors suggested that the verdict against Pojaman could bode well for a more robust rule of law. Newspaper columnist Chang Noi was effusive, declaring the verdict “a manifesto on behalf of the law.”

Thaksin even got in on the act himself, describing those pursuing his family through the courts as having “no concern for the legal system … or the universal rule of law” and claiming that he and his family are victims of “continuous injustice.”

While the former policeman’s complaints jar with his track record of getting things done any which way, the cases against him and his family do raise issues about how the rule of law needs to be understood and debated in Asia.

One of the main problems besetting talk about rule of law in the region is that it continues to be dominated by writers and thinkers living elsewhere in the world, where courts, police and administrative offices work more or less as expected.

These persons usually take separated powers, constitutionalism and representative government for granted. Some publish commentaries on high-profile cases that are in fact relevant to the society as a whole, because their law and bureaucracy are relatively coherent and systematic.

Others go into the finer points of whether or not it is possible for judges to consistently and impartially apply law, and whether the rule of law should be governed by morals or procedures.

But little if any of this is relevant to people in most parts of Asia. Continue reading

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A policy of not solving human rights cases

matichon-20080129-500-a.jpg

In recent weeks Thailand’s media has attentively reported on the arrest of some paramilitary police who are alleged to have abducted and framed tens, perhaps hundreds, of people.

The Border Patrol Police officers set up most of their victims on charges under which the accused could not get bail. Some they released after receiving ransom. One of these, a middle-aged woman, in January set off the alarm after she, her son and two others had been freed. Since then, over 60 more have complained to the Rights and Liberties Protection Department. At least 180 inmates have reportedly sought for their files to be reopened.

Victims have described how they were held in groups and tortured. According to one, she and her partner [above] were taken to a bungalow where they saw at least twenty more people tied up, some hooded; a few with smashed teeth and bruised faces. Another has claimed that she was electrocuted while pregnant, despite pleading for her baby. She gave birth in remand, awaiting a trial in which she was acquitted of any crime.

A few years ago, a case like this would have been accompanied by loud calls for it to be moved outside of the police force and into the hands of the Department of Special Investigation. But such calls have been noticeably absent this time around. Continue reading