Impartial and independent investigation a crucial step for national reconciliation and justice

31/05/2010
Press release

Open letter to HE Mr. Abhisit Vejjajiva, Prime Minister of Thailand

Paris-Bangkok, May 28, 2010

Dear Prime Minister,

The International Federation for Human Rights (FIDH) and the Union for Civil Liberty (UCL) deplore abuses by both sides in the current political conflict and condemn the disproportionate use of lethal force by state security forces during the recent operations to clear the supporters of the United Front for Democracy Against Dictatorship (UDD) in central Bangkok, which has resulted in at least 85 deaths since April 10th. We further condemn acts of arson perpetrated by some protesters and attacks perpetrated by whichever side against members of the media. Two journalists, from Italy and Japan, have been shot dead and five other have been injured since April 10.

We deeply regret that the Thai government has failed to heed the numerous calls by both Thai citizens and the international community to exercise restraint and use only proportionate and disciplined means to disperse the protesters. As a member of the Human Rights Council, Thailand should be mindful of its obligations under international human rights law and its pledges and commitments to maintain the highest standards, including respect for the right to life, which is non-derogable, even in a state of emergency.

While the protesters may have been cleared from their encampments and many of their leaders have surrendered to the authorities, our organizations are deeply concerned that the fundamental and legitimate grievances underpinning the current conflict remain unresolved. On the contrary, the use of overwhelming force to violently suppress the protests in Bangkok has led to an escalation of tension and resentment throughout the country. An impartial and independent investigation is therefore a crucial first step towards establishing accountability, ensuring right of access to justice, and mending an ever widening social divide.

FIDH and UCL recall that the facts surrounding the violent clash on April 10, which killed at least 21 civilians, including a Japanese journalist, and 4 soldiers, remain contested. Video footages reportedly show armed masked gunmen dressed in black, whom the government has associated with the red-shirt movement and arbitrarily labeled as ‘terrorists’ without much substantiation or evidence. The threat to apply the death penalty to those convicted of ‘terrorist acts’ in this regard is particularly disturbing. The government’s claim that state security forces used live ammunition only in self-defence and on firing into the air cannot be independently verified. The government’s move to shut down more than 10 satellite and cable television stations and 36 internet websites, many of which remain blocked, has infringed upon the freedom of the press and only contributed to a lack of credible information.

While some members of the red-shirt movement may be armed, a majority of the protesters, including women and children, were peaceful protesters whose right to freedom of expression and peaceful assembly is guaranteed by both national and international law. The designation of ‘live fire zones’ in several Bangkok neighborhoods, reported use of snipers, and the employment of heavy automatic weapons by the military constitute an indiscriminate and disproportionate use of force by law enforcement officials. Responsibility has yet to be established for the fatal shooting by an unknown sniper of dissident soldier Major General Khattiya Sawasdiphol on May 13 while he was in an interview with a foreign journalist. We are also deeply disturbed by reports that on May 19 at least six dead bodies were found in the Buddhist temple Wat Pathum, an official neutral zone, after the military operation ended and many people who took refuge there were injured during a heavy shoot out. We remain skeptical as to whether all peaceful and less violent means had been exhausted by the authorities. The delegation of power to the military in dispersing the protests under an Emergency Decree that grants blanket immunity to officials also raises serious questions of accountability.

In light of the lack of full information surrounding the violence and the accountability gap therein, FIDH and UCL welcome your government’s intention to conduct an investigation and reiterate our call for a credible investigation team including international and regional experts of high moral character to conduct an impartial and independent fact-finding mission in Thailand to establish the facts and command responsibility surrounding human rights abuses allegedly perpetrated by all sides since the beginning of the protest, including the on-going use of emergency power to interrogate, detain and arrest protesters and other dissidents. We support a similar call for investigation by Dr. Sriprapha Petcharamesree, Thailand’s representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR), and note that Dr. Chuchai Supawong, the secretary-general of the National Human Rights Commission of Thailand, has reportedly also urged the government to welcome an investigation by UN human rights mechanisms.

An investigation team must be able to freely visit and communicate with all relevant actors and have unimpeded access to all relevant information and locations in the exercise of its mandate. The outcome of the investigation should be widely publicized and should form the basis for further actions to ensure that justice and redress are promptly and properly provided to those whose rights have been violated.

We would greatly appreciate your serious consideration of our recommendations.

Souhayr Belhassen
President, FIDH

Danthong Breen
Chairman, UCL

Cc:

HE Mr. Ban Ki-moon, Secretary-General of the UN

HE Dr. Surin Pitsuwan, Secretary-General of ASEAN

HE Lady Catherine Ashton, High Representative for Foreign Affairs and Security Policy of the European Union

EU Ministers for Foreign Affairs

Honourable Members of the UN Human Rights Council

Honourable Members of the ASEAN Intergovernmental Commission on Human Rights (AICHR)

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