Prachatai English

THAILAND: Relatives filing a civil lawsuit to demand justice and damage claim for the death of Private Wichean who was tortured to death in a military barrack in Narathiwat Province

prachatai — Fri, 25 May 2012 05:08:54 +0000

Cross Culture Foundation

On Thursday 24 May 2012, at 10.00 am, representatives from the Lawyers Council of Thailand (LCT), an attorney from Cross Cultural Foundation (CrCF) and relatives of Private Wichean Phuaksom shall bring a lawsuit to the Civil Court in Bangkok against the Ministry of Defence, the Royal Thai Army, and the Office of the Prime Minister for damage claim stemming from the torture and physical assault by military trainers that has resulted in Private Wichean’s death. The new Private was found dead while training in a military unit in Cho Airong District, Narathiwat last year.

Prior to his death, Private Wichean Phuaksom used to get ordained as a Buddhist monk and studied until he completed his bachelor degree in Buddhist Study from Faculty of Buddhism, Mahachulalongkornrajavidyalaya University with first class honor and later completed his master degree from the Faculty of Social Work, Thammasat University with outstanding academic results. He was required to disrobe and was conscripted as a military draftee as per the Military Service Act and the Constitution of the Kingdom of Thailand. On 1 May 2011, Private Wichean got enrolled as a military draftee and trained at the Kromluag Narathiwat Rajanagarindra Military Camp in Cho Airong District, Narathiwat Province. Then on 1 June 2011, about ten military officers physically abused Private Wichean using very cruel methods to torture him claiming that he had evaded his military training duty. After suffering with severe injuries for three days, on 3 June 2011, the Military Unit has brought Private Wichean to the Cho Airong District Hospital in Narathiwat Province for treatment. It was deemed by the Hospital that Private Wichean suffered from too serious injuries and it was proposed that he be transferred to the Narathiwat Rajanagarindra Hospital in Narathiwat Province. Private Wichean eventually passed away on 5 June 2011 and his causes of death were sudden renal failure and severely damaged muscles.

Ms. Pornpen Khongkachonkiet, CrCF’s Director, and Advisor to the Project o Campaign for Laws to Combat Torture stated that “the act of the military officers which has caused Private Wichean’s death was unlawful and the perpetrators should be brought to justice. Also, the agency in charge has to provide damaged parties with compensation as per the Tortious Liability of Officials Act B.E. 2539 (1996). Their action could also be construed as a grave human rights violation.”

Though an inquiry had been conducted into the incidence by the instruction of the agency in charge and cases had been reported to the police and initial remedies had been provided for the surviving family, but the process to bring the perpetrators to justice has been sluggish. A complaint has been brought to an independent regular organization, the National Anti-Corruption Commission (NACC), and later the matter was transferred to the Public Sector Anti-Corruption Commission (PACC) under the Ministry of Justice, and that has caused much delay to the investigation. It was expected that Private Wichean would become a breadwinner for his family after his graduation. The civil lawsuit filed is an attempt to demand justice and to bright light to truths concerning the death during the trial. Also, it aims to demand damage claim.

The deadly act was certainly a criminal offence and a breach on international standards including the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to which Thailand is a state party and is obliged to follow. Yet, torture is still not criminalized in the Thai law and legal revision has to be done to ensure compliances with CAT. In addition, Thailand’s 2007 Constitution also upholds the right to life and body and prohibits torture. The ordeal Private Wichean had to endure is a grave human rights violation that has to be effectively addressed by the agency in charge. Structural changes have to be made to ensure that such a tragedy shall not happen again with any military draftees in future.

Report 2012: No longer business as usual for tyranny and injustice

prachatai — Fri, 25 May 2012 02:03:07 +0000

Amnesty International

Strong arms trade treaty needed as UN Security Council increasingly looks unfit for purpose

The courage shown by protesters in the past 12 months has been matched by a failure of leadership that makes the UN Security Council seem tired, out of step and increasingly unfit for purpose, Amnesty International said as it launched its 50th global human rights report with a call for a strong global Arms Trade Treaty later this year.

“Failed leadership has gone global in the last year, with politicians responding to protests with brutality or indifference. Governments must show legitimate leadership and reject injustice by protecting the powerless and restraining the powerful. It is time to put people before corporations and rights before profits,” said Salil Shetty, Amnesty International Secretary General.

The vocal and enthusiastic support for the protest movements shown by many global and regional powers in the early months of 2011, has not translated into action. As Egyptians go to the polls to vote for a new president, it looks increasingly as if the opportunities for change created by the protestors are being squandered.

“In the last year it has all too often become clear that opportunistic alliances and financial interests have trumped human rights as global powers jockey for influence in the Middle East and North Africa,” said Salil Shetty. “The language of human rights is adopted when it serves political or corporate agendas, and shelved when inconvenient or standing in the way of profit.”

A failure to intervene in Sri Lanka and inaction over crimes against humanity in Syria – one of Russia’s main customers for arms – left the UN Security Council looking redundant as a guardian of global peace. The emerging powerhouses of India, Brazil and South Africa have too often been complicit through their silence.

“There is a clear and compelling case for the situation in Syria to be referred to the International Criminal Court for investigation of crimes against humanity. The determination of some UN Security Council members to shield Syria at any cost leaves accountability for these crimes elusive and is a betrayal of the Syrian people,” said Salil Shetty.

Amnesty International Report 2012 documents specific restrictions on free speech in at least 91 countries as well as cases of people tortured or otherwise ill-treated in at least 101 countries – in many cases for taking part in demonstrations.

“Ousting individual leaders – however tyrannical – is not enough to deliver long-term change. Governments must uphold freedom of expression at home and abroad, take international responsibilities seriously, and invest in systems and structures that ensure justice, freedom and equality before the law.”

The UN meeting to agree an Arms Trade Treaty in July will be an acid test for politicians to place rights over self-interest and profit. Without a strong treaty, the UN Security Council’s guardianship of global peace and security seems doomed to failure; its permanent members wielding an absolute veto on any resolution despite being the world’s largest arms suppliers.

“Protestors have shown that change is possible. They have thrown down a gauntlet demanding that governments stand up for justice, equality and dignity. They have shown that leaders who don’t meet these expectations will no longer be accepted. After an inauspicious start 2012 must become the year of action,” said Salil Shetty.

Other global developments highlighted in Amnesty International Report 2012:

Highly repressive states including China threw the full weight of their security apparatus into the suffocation of protest. There was no improvement in North Korea’s horrific human rights situation.
In sub-Saharan Africa, the Middle East and North Africa uprisings resonated strongly with people – but excessive force was used against protesters in countries from Angola to Senegal to Uganda.
Social protest gathered strength in the Americas, frequently bringing people into confrontation with powerful economic and political interests. Activists were threatened and killed, including in Brazil, Colombia and Mexico.
In Russia, civic activism grew and the country saw its largest demonstrations since the collapse of the Soviet Union, but opposition voices were abused and systematically undermined.
There was no sign of significant change in countries such as Turkmenistan and Uzbekistan. This year’s Eurovision Song Contest host, Azerbaijan, suppressed freedom of expression and sixteen prisoners of conscience are still behind bars for raising their voices in 2011.
Violence followed South Sudan’s vote for independence but the UN Security Council – along with the African Union’s Peace and Security Council – again failed to condemn abuses including indiscriminate bombardments by the Sudanese Armed Forces, or the Sudanese government’s closure of affected states to humanitarian organizations.
In the Middle East and North Africa, as the uprisings occupied world attention, other deep-seated problems festered. Iran’s government was increasingly isolated, tolerated no dissent, and used the death penalty with an enthusiasm only outstripped by China, while Saudi Arabia cracked down on protestors. Israel maintained its blockade of Gaza, prolonging the humanitarian crisis and continued to expand illegal settlements in the West Bank. Palestinian political organizations Fatah and Hamas targeted each other’s supporters; Israeli forces and Palestinian armed groups mounted tit-for-tat attacks in Gaza.
Myanmar's government took a pivotal decision to free more than 300 political prisoners and allow Aung San Suu Kyi to contest elections. An escalation of conflict-related human rights violations in ethnic minority areas, as well as continuing harassment and detention of activists, however, suggested limits to the reform.
Trends included abuses against Indigenous communities in the Americas as drives to exploit resources intensified; worsening discrimination in Africa over people’s sexual orientation or gender identity; increased xenophobic rhetoric from some European politicians; and increased vulnerability to terrorist acts in Africa by Islamist armed groups.
Progress including the global trend towards abolition of the death penalty; the erosion of impunity for past abuses in the Americas; and landmark steps towards justice in Europe with the arrests of General Ratko Mladić and Croatian Serb Goran Hadžić, to face trial for crimes committed in the 1990s wars in former Yugoslavia.

Pravit Rojanaphruk accused of lèse majesté for Prachatai articles

prachatai — Thu, 24 May 2012 16:09:01 +0000

A yellow shirt in Roi Et has filed a lèse majesté complaint against Nation reporter Pravit Rojanaphruk, for his contributions to Prachatai.

On 16 May, Pol Lt Matee Sriwana, an investigator at Roi Et Police Station in northeastern Thailand, sent an e-mail to Prachatai, asking for information about Pravit’s Thai-language articles published by Prachatai.

According to the investigator’s e-mail, on 28 Dec 2011 Wiput Sukprasert filed a complaint against Pravit for 7 of his Thai-language articles, including:

Society where everybody has to think and say the same thing is not a society (สังคมที่ทุกคนต้องคิดและพูดเหมือนกัน มิใช่สังคม);

Tranquilizer society (สังคมยากล่อมประสาท);

The problem of goodness of ‘Good people’ (ปัญหาความดีของ "คนดี");

Depressing condition of the media (สถานการณ์ที่หม่นหมองของสื่อมวลชน);

@PravitR: This tweet is for Akong (@PravitR: ทวีตนี้แด่อากง SMS);

The power of comparing kings as ‘the father’ of the people (พลานุภาพการเปรียบกษัตริย์เป็น “พ่อ” ของประชาชน);

Section 112 (of the Criminal Code) and censorship of information about the monarchy (ม.112 กับการเซ็นเซอร์ข้อมูลต่างเกี่ยวกับสถาบันกษัตริย์).

In addition to asking for basic information about the articles, the investigator also asked Prachatai to delete them.

So far, Wiput, using the cyber alias of I PAD, has filed lèse majesté complaints against 15 Prachatai contributors and readers who posted comments on the website, as well as the Prachatai editor and webmaster.

Surachai hospitalized

prachatai — Thu, 24 May 2012 16:03:02 +0000

Surachai Danwatthananusorn has been hospitalized since 17 May with high blood pressure and a swollen prostate, resulting in fatigue and loss of appetite, said his wife Pranee.

She said that Surachai was sent to hospital the day after she attended a meeting held by the House Committee on Foreign Affairs where she argued that the medical facilities at the Bangkok Remand Prison did not have doctors on duty on a regular basis as claimed by the Corrections Department.

Surachai was first sent to the Police Hospital, and later to the Corrections Department Hospital where he is now receiving medical care.

Doctors have decided to operate on his prostate gland, but he asked to have it postponed until after 28 May when he will hear the court verdict on one of his lèse majesté cases in which he has pleaded guilty.

Another lèse majesté convict Daranee Charnchoengsilpakul, or Da Torpedo, has also been sent from the Central Women’s Correctional Institute to the Police Hospital for a medical examination in preparation for an operation to treat her molar problem, which has deteriorated and left her unable to open her mouth more than slightly.

She told Prachatai that she wanted to get bail in order to receive medical treatment outside, and did not want to have an operation and receive medical care while in the custody of the Corrections Department, because it was a major operation which the doctor said would need around a year’s recuperation.

She said that, if possible, she wanted to move to Laksi prison where political prisoners had been relocated.

Daranee lodged an appeal on her case on 12 April.

On 22 May, her brother Kittichai submitted a petition to the Director of the Central Women’s Correctional Institute, concerning Daranee’s disputes with some other inmates. Squabbles between them, such as throwing water bottles, have happened quite often, sometimes 4 times in two days, but these have been ignored by prison officials.

On 23 May, about 50 red shirts led by Songkhram Kijlertphairoj, owner of the red-shirt headquarters at Imperial World Mall in Bangkok's Lad Prao, visited political prisoners at the Laksi Prison and lèse majesté prisoners at the Bangkok Remand Prison to give them food. The group plan to make visits at both prisons every Wednesday at 11 am.

Some Observations on Mass Media and Freedom of Expression in Thailand

prachatai — Wed, 23 May 2012 19:15:04 +0000

Pravit Rojanaphruk

In today’s Thailand, many Thais see one-sided positive-only information about the monarchy and Thai mainstream mass media self-censorship as well as censorship on anything mildly critical of the monarchy as something ‘normal’. Little if any fuzz was made by pro-Thaksin mass media when a film mocking and criticizing Thaksin Shinawatra, entitled ‘Shakespeare Must Die’, was banned for good by the Film Board.

Little complaints were made when well-known writer and TV host Kamphaga was told by Voice TV to stop criticizing Buddhism after the TV station came under pressure from a red-shirt Buddhist group.

When the London-based The Economist Magazine decided not to sell its recent weekly magazine (again) in Thailand for fear of violating the draconian lese majeste law, people accept it as the order of the day.

What to do with the prevailing and limited freedom of expression in Thailand then?

While most in Thai mainstream mass media are doing their best to ensure that the public accept censorship and self-censorship as something ‘normal’, it falls upon alternative media as committed journalists, and others, to point out that there’s nothing ‘normal’ about it.

Those who still see censorship, self-censorship and one-sided positive-only information about the monarchy as a problem must ensure that society is cajoled from the state of sedation and point out to the negative repercussion the prevailing situation has for democracy and the state of freedom of expression.

It falls upon alternative media and concerned journalists as well as individuals to try to de-monopolize the agenda-setting hegemonic power of the mainstream mass media. Failing to do so, elites of various political factions, famous personalities will continue to unfairly dominate news headlines and socio-political and economic agendas.

The goal is to ensure that no single media-group can or should dominate news headlines or set social agenda any longer. In a way bloggers, Twitter and Facebook users and on-line alternative media are already undermining the hegemonic power of the mainstream mass media, but a vast majority of Thais still have no access to the internet.

Continued decentralization of media power will help foster democracy and freedom of expression as well. Defending and advancing freedom of expression is vital. Media professionals who do not recognize the value of freedom of expression might seriously consider working in the PR industry or with state’s propaganda agencies instead.

Freedom of expression cannot blossom without tolerance for diverse view and opinion, however. Thai society will have to debunk the belief that differing view is something innately negative that results in conflicts. Instead, it must try to recognize the intrinsic value of open debate and disagreement in democratic society.

Press freedom and freedom of expression will not serve society at large if only powerful and famous figures always dominate news headlines and are regularly interviewed while marginalized people have little or no space to express themselves about what they think through the mass media. It is imperative for the mass media, especially alternative media to try to introduce to the public new voices, especially from underprivileged and marginalized groups and act as an amplifier for these people to have greater voice and dialogue with the rest of society.

Alternative media, or media committed to fostering democracy must avoid the pitfall of being too cozy with any public figures, no matter how progressive or liberal these people may seem to be. Media should stick with democratic principles rather than democratic figures, because human beings are subjected to change and a progressive activist three decades ago may today be part of the oppressive ruling class.

One of the often mistaken notions in society is the belief that media impartiality means journalists should not choose or take side between democracy and dictatorship. That is not impartiality but a mere lack of will to take a stance. While journalists must not intentionally distort views of others, including conservative forces, and must ensure space for these views as well, it doesn’t mean they should find both democracy and dictatorship equally valid in order to be seen as ‘impartial’. This is no impartiality but the abandonment of responsibility to create a more just and equitable society.

In the end, however, a truly democratic media must subject itself to public scrutiny and even question the validity of the notion of democracy and freedom of expression as well. Media organization has no moral right to scrutinize others if its organization is not willing to be openly subject to scrutiny, criticism and made it-self transparent and accountable to society.

In the end, there is no room for dogmatism if society is to be in a perpetual state of learning, introspection and freedom. A big doze of doubt on all ideologies and institutions are always useful and healthy.

All these cannot be realized if media professionals think of their work as just another job. The task of progressive media in fostering freedom of expression is more than just another job but a calling.

UK govt expresses concern about death of Ah Kong, calls for LM review

prachatai — Wed, 23 May 2012 10:54:47 +0000

Andrew Spooner, Asian Correspondent

Last week I blogged about questions raised in the UK Parliament by the Shadow Minister for Foreign Affairs, Kerry McCarthy MP (Bristol East, Labour Party) regarding Thailand’s use of its infamous lese majeste laws and the treatment/death of Ampon Tangnoppakul aka Ah Kong (a Thai political prisoner who died on May 8, 2012). My original posting, with Kerry McCarthy MP’s questions, can be found here.

Yesterday, the Minister of State (South East Asia/Far East, Caribbean, Central/South America, Australasia and Pacific) at the Foreign and Commonwealth Office, Jeremy Browne MP (Taunton Deane, Liberal Democrat) published the UK government’s response to these questions (the full answers can be found here, here, here and here).

What is clear from these responses is that the UK is very uneasy about the lese majeste law itself, the disproportionate sentences meted out by the courts for those found guilty of LM and the general treatment of prisoners.

What is also becoming evident is that the USA is increasingly isolated in its continued and persistent failure to hold Thailand – an important military ally of the USA – to account for its human rights breaches. Given that the USA have been long-term backers of Thailand’s most powerful and least democratic element and biggest supporter of the lese majeste law – the Thai Army – this should come as no surprise to commentators.

Furthermore, a US citizen, Joe Gordon, remains imprisoned in Thailand on lese majeste charges for comments he posted online whilst he was resident in the USA. The USA’s Bangkok mission has been noted for its lack of response to the imprisonment of one of its nationals under one of the most draconian censorship laws on earth and the UK’s statement further underlines US failures on this issue.

On Ah Kong the UK Minister of State responded that:

"With our European Union partners, the UK expressed concern last year at the conviction and imprisonment for 20 years of Ampon Tangnoppakul for violating the lese-majeste laws."

And:

"[This] statement reiterated the importance attached by the EU [the UK were co-signatories of an EU statement] to the rule of law, democracy and respect for human rights."

On lese majeste the Minister stated:

"We are closely following the development of freedom of expression in Thailand and are concerned by the significant increase of lese-majeste cases in the country and the application of the laws and length of sentences in recent cases."

And:

"Our embassy in Bangkok continues to monitor the ongoing trials of high-profile lese-majeste and freedom of expression on the internet cases. We have urged the Thai Government to ensure that the rule of law is applied in a non-discriminatory and proportionate manner consistent with upholding basic human rights, and will continue to take appropriate opportunities to do so."

More importantly the UK government also makes clear its call for Thailand to review the lese majeste laws:

"In October 2011 at the UN Human Rights Council in Geneva, the human rights situation in Thailand was reviewed as part of the Universal Periodic Review process. The UK played an active role, including raising our concerns about freedom of expression and specifically recommending that the Thai Government seek to review its lese-majeste laws."

What impact these comments will have is, of course, debatable.

The wider international community – with the exception of the USA – is now explicit in its eagerness for Thailand to make more headway in meeting its legal obligations under international law. To do this it would seem that the democratically elected Thai government will need to bring the Thai Army – the biggest supporters of lese majeste – under civilian control. This civilian control is also unlikely to be achieved without US assistance and the longer the US fail to act to bring their clients in the Thai Army to heel the longer Thailand’s slide away from democracy will be.

It can also be said that since the death of Ah Kong Thai domestic opinion has hardened at both ends of the lese majeste debate. Such hardening will likely only lead to more conflict, something only those who benefit from a widening of Thailand’s political crisis would seek. It’s time for the US to step-up and demand the Thai Army allow for proper reform to take place.

All I can say is – don’t hold your breath.

Transports of Delight

prachatai — Mon, 21 May 2012 07:18:47 +0000

Harrison George

Extra police are having to be drafted in to take charge of parking at the Crime Suppression Division which is rapidly becoming overcrowded, leading to unfortunate cases of road rage among CSD officers all clamouring for space.

The problem began with the recent attempt to arrest core leader of the People’s Alliance for Democracy and former Senator Karun Sai-ngam in Prakhon Chai District of Buriram Province on charges related to the PAD occupation of Bangkok’s airports 3 and a half years ago. Having blocked off Mr Karun in his pick-up truck, police officers were foiled in their attempt to make an arrest by Mr Karun locking his doors and refusing to get out.

Apart from dealing with an instant protest of yellow shirts, police were also hampered by the court’s refusal to issue a search warrant for a pick-up truck. After a night’s stand-off, the pick-up was loaded onto a truck and carried 400 km to CSD headquarters in Bangkok.

It was only when a locksmith was brought in to open the pick-up door that Mr Karun agreed to get out and answer the arrest warrant. After a day’s questioning, he was set free by the police, without bail.

Press reports failed to answer some obvious questions about this case. First, what did he do for a pee all that while? Second, who pays for his petrol to drive back to Buriram?

Then there is the question of the law that forbids drivers from running their engines while stationary just so they can benefit from the air-con. Apparently Mr Karun did exactly this during the journey to Bangkok. Is it legal to run the motor while stationary on a moving vehicle?

But perhaps the most serious question is why won’t the courts issue a search warrant for a vehicle? (And by the way, if the police didn’t have a search warrant that would authorize them to get inside the vehicle, on what authority did they call in a locksmith so that they could, er, get inside the vehicle?)

I fear that the learned judges may have inadvertently given an almighty boost to the drugs trade in the country.

Up till now, dealing in illegal drugs has required premises secure from suspicion or search. Some dealers have found that the safest way of doing business was to get locked up and then have the necessary goods and equipment smuggled, thrown or parachuted into prison. Recent prison raids have revealed a flourishing trade in illegal drugs outside the prison controlled by convicts on the inside.

But with this latest ruling they can now operate from the comfort of a camper van or caravan, safe in the knowledge that they cannot be searched, with the added benefit of being able to take the odd holiday.

The word went round the criminal classes with predictable speed and police found themselves banging on locked car doors up and down the country. The only recourse left open to them was to transport the recalcitrant suspects, vehicle and all, to CSD headquarters and call in the locksmith.

The CSD parking area now contains 43 pick-ups, 29 private cars, 3 taxis, 17 minivans, 12 ten-wheelers and a tour bus, all towed in from various parts of the country and all containing suspects refusing to open their doors. With staff and visitors also requiring parking space for their vehicles, this is causing intolerable congestion.

The situation hasn’t been helped by the case of a methamphetamine dealer in Phichit who locked himself in the outside privy when the police arrived. The police application for a search warrant in this case was also denied on the basis that the latrine, being a separate structure, did not form an integral part of the adjacent house and also bore no registration data that would be needed for a proper search warrant to be issued.

‘A warrant must specify uniquely which premises are to be searched,’ explained a court official. ‘You can’t just say the lavvy behind such and such a place.’

Foiled in their attempts to effect a search, the police in Phichit decided to follow the precedent of the Karun case, using a forklift to hoist the entire structure onto a low-loader, which transported the suspect to Bangkok at his convenience. This explains why CSD headquarters seems to have acquired a rustic outdoor loo.

As more and more CSD staff appeared in the car park, arguing over parking space, who had next use of the locksmith’s services and whose turn it was to use the loo, one enterprising villain saw an opportunity. While the police officers’ attention was diverted elsewhere, he quickly leapt from his cab, sprinted into the building and locked the doors behind him.

By the time the officers realized what had happened, they were locked out of their own offices. They had no option but to ask the courts for a search warrant for their own HQ.

The courts have asked for a few days to consider this. ‘We are not sure that we can issue a search warrant for government premises,’ said one judge who requested anonymity. ‘Authorizing the police to search their own station doesn’t seem very logical.’

Somyot denied bail and his petition to the Constitutional Court dismissed

prachatai — Sun, 20 May 2012 22:32:35 +0000

On 18 May, a bail request by Somyot Prueksakasemsuk was denied yet again and the Constitutional Court dismissed his petition to seek its ruling on the constitutionality of Section 112 of the Criminal Code, or the lèse majesté law.

Somyot was denied bail for the 10th time since he was arrested and detained in 30 April 2011, according to his lawyers. This time, bail was sought with a guarantee of 3 million baht, including his personal assets worth two million baht and one million baht cash from the Department of Rights and Liberties Protection under the Ministry of Justice.

The court dismissed the request, saying that the reason for the denial had already been clearly explained previously and there was no reason to change the decision.

Kharom Pholphonklang, Somyot’s lawyer, said that the defence had sought bail for Somyot yet again because they saw that the trial was already finished, and it would take so long for the verdict to come out, as the court had announced that it had to wait for the Constitutional Court’s ruling on the constitutionality of the lèse majesté law as had been requested by the defence.

There would probably be no more bail requests, he said.

Next week, he would petition the Director-General of the Corrections Department and the Minister of Justice to consider transferring all lèse majesté prisoners and defendants to Lak Si Prison, where other political prisoners had been relocated, because they were also political prisoners and the Bangkok Remand Prison was currently very crowded, noting that Surachai Danwattananusorn, one of his clients, for example, was old and had health problems.

Sukanya, Somyot’s wife, said that she would stop her activities regarding the court’s proceeding for a while. Now she is planning to publish books and conduct other activities with students and activists to call for amendments to the lèse majesté law, including one on 24 June marking the 80th anniversary of the People’s Party’s overthrow of the Absolute Monarchy.

On the same day, the Constitutional Court published on its website its decision to dismiss Somyot’s request to seek a ruling on whether or not the lèse majesté law was in violation of the 2007 Constitution.

The Constitutional Court said that the complainant had not exhausted the means to exercise his rights in regards to making his complaint, so according to Section 212 of the constitution and the court’s rules, the complaint was dismissed.

Kharom said that he would release a statement in response to this decision next week.

He added that Surachai would appear in court on 28 May at 9.30 am to hear a verdict in one of his lèse majesté cases in which he had pleaded guilty.

RESTRICTED RIGHTS: Migrant Workers in Thailand, Cambodia and Malaysia

prachatai — Fri, 18 May 2012 17:03:53 +0000

Mekong Migration Network

Today sees the launch of the report Restricted Rights: Migrant Workers in Thailand, Cambodia, and Malaysia. The report presents the findings from a series of in-depth interviews with migrant women employed in the garment and electronic industry supply chains in three ASEAN countries. Commissioned by the War on Want, a UK based charity organisation, the research was carried out by the Asian Migrant Centre, in collaboration with the MAP Foundation, Legal Support for Children and Women (LSCW), Workers’ Hub for Change (WH4C), and the Mekong Migration Network (MMN).

The research reveals a common tale of precarious lives lived out in the face of state oppression and exploitation by negligent companies and greedy employers. It uncovers how Thailand, Cambodia and Malaysia have reaped huge economic benefits off the back of migrant labour. Yet the same countries continue to refuse migrant workers the rights and security that are their due.

In Cambodia, almost 90% of garment factory workers are young women who have migrated from rural areas in search of work. Migrants from neighboring countries provide an essential workforce for the thriving export industries of Thailand and Malaysia. Despite their contributions migrant workers continue to endure harsh working conditions and extremely low wages.

Sokchar Mom of the LSCW, Cambodia, points out that:

"The minimum wage in Cambodia cannot be considered a living wage. It is very difficult for garment factory workers to earn enough money even to eat properly. Can you imagine, one has to work for nearly 6 hours to afford a simple 1 litre bottle of cooking oil? To put this in perspective, a worker on the minimum wage in the UK only has to work for 18 minutes to buy the same."

Also included in this study are interviews with grassroots organizations who have been working tirelessly to facilitate migrants’ access to justice and promote their rights in the workplace and wider society.

Jackie Pollock, who works with one of these organizations in Thailand, shares the view that:

"Consumers in Europe may find it hard to imagine the kind of living and working conditions that the workers producing their clothes must endure. We hope this report will help raise awareness among consumers and that they will support our advocacy for improved labour protection for workers in Asia".

Pranom Somwong from the WH4C added that:

"ASEAN is talking about economic integration by 2015 and has declared that it aims to realise a ‘region of equitable economic development’ which it says will be characterized by narrowing developing gaps and providing better access to opportunities for human development. However, it is apparent that violations of labour rights are routine practice across the three countries studied in this research. It is high time that ASEAN member states improved the rights and benefits of workers in the region".

The 28 page report concludes with a series of recommendations from War on Want addressed to stakeholders in the UK.

Reiko Harima from AMC explained:

"While the recommendations arising from this research focused on UK stakeholders, companies sourcing their products from Thailand, Cambodia and Malaysia include other European countries, the USA, and many East Asian countries such as Japan, Taiwan, and Hong Kong. Labour intensive industries especially garment manufacturing are now talking about shifting their production bases to "new frontiers" such as Burma. We urge companies to be responsible employers by ensuring that workers are able to exercise their rights, receive equitable working conditions and are treated with dignity.

The report is available from the MMN website: http://www.mekongmigration.org/WOW%20Migration%20Report.pdf; and

the War on Want website:
http://www.waronwant.org/overseas-work/sweatshops-and-plantations/hide/i....

Amphon’s medical certificate not clear, court official says

prachatai — Fri, 18 May 2012 14:26:53 +0000

On 16 May, the House Committee on Foreign Affairs met to hear the case of Amphon Tangnoppakul, the lèse majesté convict who died from liver cancer during detention, and invited officials from several agencies including the Corrections Department, the Court of Justice and the National Human Rights Commission, as well as Amphon’s lawyers and family members.

A representative from the Department of Information of the Ministry of Foreign Affairs told the meeting that Amphon’s death had been widely reported and criticized by the international press, in connection with Thailand’s lèse majesté law, freedom of expression and politics, which affected the country’s image.

The Ministry has explained the case to the international community. The European Union, which has followed up on Amphon’s case since he was alive, has expressed its concerns about the enforcement of the law and stressed the right to freedom of expression. A Deputy Spokesperson of the US Department of State has requested details of the case. The Asian Human Rights Commission released a statement to deplore the death, and call for the rights to bail and medical care for detainees as well as a transparent autopsy of Amphon to find the cause of his death, the representative said.

Sarawut Benjakul, Deputy Secretary-General of the Office of the Court of Justice, said that the court itself felt uneasy with what had happened. The court granted him temporary release on 4 Oct 2010 on a 500,000-baht guarantee, but later denied him bail. In cases involving Section 112 of the Criminal Code, the court has granted bail to some defendants, including Sondhi Limthongkul. According to court records, 93% of defendants are granted bail by the court. Although the constitution says that a temporary release is a fundamental right, this has to conform to Section 108 of the Criminal Procedural Code, which says that bail will be denied when there is a fear that the defendant will flee. So the court will consider bail requests on a case-by-case basis, he said.

[Amphon was arrested on 3 Aug 2010, and was released on bail on 4 Oct 2010. He was jailed again at the Bangkok Remand Prison on 18 Jan 2011 when he was indicted by the public prosecutor, and had been denied bail ever since.]

He told the house committee that normally the court would grant a temporary release to a defendant if provided with ‘sufficiently clear evidence’, but in the case of Amphon, a medical certificate was submitted and the court considered that ‘the symptoms had not appeared to a great extent’ and could be treated while in detention, and suspected that he would flee. No matter how many bail requests Amphon made, if the court saw that the facts still remained the same, it maintained its decision, repeating the same reason for the denial.

When asked why the court did not consider that Amphon’s illness was severe, given the medical certificate stating that he had cancer, Sarawut said that, in fact, cancer had several stages and at the initial stages could be cured, and [the medical certificate] should have stated the severity of his illness. He insisted that the court was neutral, giving consideration to the evidence and prescribed criteria. However, the discretion of each judge may be different under the scope of the law. He felt uneasy in making comments at this meeting, because he was not a judge, he said.

Phunsuk Phunsukcharoen, a lawyer for Amphon, said that she could only acquire a medical certificate for Amphon which had been issued before he was detained to submit to the court [for bail requests]. After that it was very difficult to follow up on his health.

Pongsak Phusitsakul, a red-shirt medical doctor who took part in the autopsy of Amphon as an observer, said that Amphon was suffering from liver cancer at an advanced stage, not the final stage. A 7-cm long cancerous tumour was found, but the cancerous cells had not yet spread to the heart. He suspected that there was a flaw in the procedure for sending Amphon to receiving medical care, and the Corrections Department should fix this problem.

Sorasit Jongcharoen, Commander of Bangkok Remand Prison, said that all new inmates at the prison had to see a doctor and were questioned about their medical history. Whenever they feel unwell, they can go to see the prison doctors every day, and there will always be nurses on duty. If the illness or the number of patients is beyond the capacity of the prison’s medical facility, sick inmates are sent to the Corrections Department Hospital or other hospitals, he said.

Bunmee Wibunjak, a doctor from the Corrections Department Hospital, admitted that his hospital could not take care of patients as well as hospitals outside, which had full staff. As the prison hospital is not for ordinary people, its staff work during the day time, and at night nurses are on duty. In cases of emergency, nurses on duty will notify doctors and have them order treatment by phone. During weekends, only nurses are available, with no doctors, except in emergency cases, he said.

According to Bunmee, Amphon initially told the prison’s medical facility about his mouth cancer, and an examination by an otolaryngologist showed no relapse. In the middle of last year, Amphon told doctors that he felt that the symptoms had returned, but another check found no anomaly. However, he was sent to for an MRI examination of the throat at Ratchawipha Hospital, outside the prison, but no symptom of mouth cancer was found. In January this year, he came to see doctors again, saying that he had pain in the throat, and the doctor found that the lymph gland in his throat was swollen, and gave him antibiotics as initial treatment. He looked better, the swelling subsided, and he was sent back to prison. Other than this, he lived normally like other inmates, showing no signs of exhaustion or severe illness, the doctor said.

The doctor said that the Corrections Department Hospital could carry out an immediate operation for preliminary cancer, but in the case of Amphon the illness had not yet been diagnosed, while the mouth cancer had already been properly treated and the stomach pains were being investigated. At that time, he began to have pain in the stomach, which was swollen. He was admitted to the prison hospital and given medicine, and had to wait for a medical examination on the following day as at other hospitals. However, as he came on Friday, the referral process did not proceed on the weekend. At that time, his illness did not look serious. His blood pressure was normal and he could eat and walk. Doctors planned to have him checked at an outside hospital, but he would have to be sent during official hours, the doctor said.