FIDH is a federation of 141 human rights organizations in 100 countries. Founded in 1922 and based in Paris, FIDH aims to ensure the respect of the rights detailed in the Universal Declaration of Human Rights. FIDH and its members are independent of any party, religion, or government. The Federation co-ordinates and supports the activities of its member organizations, providing them with a voice at an international level.
UCL was founded in 1973 and promotes human rights in Thailand. An important contributor to the democratic Constitution of 1997, UCL devotes itself to education relating to the Constitution and to its implementation. It continues to speak on issues of the day and is a respected interpreter of human rights issues for the disadvantaged.
There is a growing realisation in the world that the death penalty conflicts with the principles of modern justice and contravenes the basic human right to life. 118 states have already abolished the death penalty in law or practice. The ultimate legal instrument rejecting the death penalty is the Second Optional Protocol of the International Covenant on Civil and Political Rights which has been ratified by 54 countries. 78 countries retain the death penalty, among them Thailand.
The report is the result of an international mission of investigation carried out in Thailand in August 2004. The mission was composed by human rights experts from Europe and Asia as well as representatives of UCL. The mission was able to meet with members of the legal profession, the National Human Rights Commission, civil society, the media, members of Parliament, death row inmates and families of death row inmates and a number of representatives from the authorities.
“Although the formal judicial process which leads to the imposition of the death penalty is theoretically in accordance with the international legal standards, serious miscarriages of justice can result in condemnations to the capital punishment”, said Siobhan Ni-Chulachain, Vice-president of the FIDH. “In addition, death row inmates are chained 24 hours a day, which may amount to torture and cruel, inhuman, and degrading treatment”, she added.
“By lasting up to 84 days, the long custody before charges must be made creates conditions that favour possible cruel, inhuman and degrading treatment. The difficult access to legal aid, both during police custody and the trial process, does not provide sufficient safeguards that the rights of the defence are fully respected”, said Jaturong Boonyaratanasoontorn, Chairperson of UCL.
The current government disseminates a culture of authoritarianism notably through its policy with regard to drug trafficking and social unrest in the South. The FIDH and UCL consider that by doing so, it contributes to shape a public opinion said to be massively in favour of the death penalty and it makes the work of sensitisation on that issue both more difficult and more important.
The FIDH and UCL notably recommend to the Thai authorities:
1. To adopt a moratorium on execution of the capital punishment, the final aim being its abolition. The systematic granting of a pardon to all the prisoners sentenced to death would be a first and significant step towards a moratorium de jure and abolition.
2. As a first step, to immediately reduce the number of crimes punished by the death penalty in order to ensure that it is applied only for the most serious crimes.
3. To organise campaigns of sensitisation for the public on international human rights standards and on the limited efficiency of the death penalty in deterring crime.
For the full text of the report, please go to the following websites:
www.fidh.org
www.ucl.or.th
Contact :
- FIDH : 00 33 1 43 55 25 18 / 14 12
– UCL : 00 662 275 42 31