Human Rights Practices....

Human Rights Practices

March 11, 2010



Thailand is a constitutional monarchy with a population of more than 66 million. The king is revered and exerts strong informal influence. In the most recent election for the lower house of the parliament, held in December 2007, the People's Power Party, led by Samak Sundaravej, won a plurality. After Constitutional Court rulings that forced two prime ministers to step down in 2008, a government led by Abhisit Vejjajiva was inaugurated in December 2008. In March 2008 voters elected 76 senators for the upper house of the parliament. The election process for both legislative bodies was generally viewed as free and fair, but there were widespread allegations of vote buying. The continuing internal conflict in the southernmost provinces led the government to restrict some rights and delegate certain internal security powers to the armed forces. Civilian authorities generally maintained effective control of the security forces.


The government's respect for human rights remained unchanged from the previous year. Security forces continued at times to use excessive force against criminal suspects, and there were reports that police tortured, beat, and otherwise abused suspects, detainees, and prisoners, many of whom were held in overcrowded and unsanitary conditions. There were numerous dismissals, arrests, prosecutions, and convictions of security forces in response to this behavior; however, official impunity continued to be a serious problem. Police corruption was widespread. A separatist insurgency in the southern part of the country resulted in numerous human rights abuses, including killings, committed by ethnic Malay Muslim insurgents, Buddhist defense volunteers, and government security forces. The government maintained some limits on freedom of speech, of the press, and of assembly. Human rights workers, particularly those focusing on violence in the south, reported harassment and intimidation. Trafficking in persons remained a problem. Members of hill tribes without proper documentation continued to face restrictions on their movement, could not own land, and were not protected by labor laws. Government enforcement of labor laws was ineffective.


Political unrest occurred in March and April in Pattaya and Bangkok, when opposition street protests led to the cancellation of an Asian summit in Pattaya and riots in Bangkok, with two civilians killed by antigovernment protesters. The government declared a state of emergency in the Pattaya area on April 11 and in Bangkok on April 12, and the military restored order in Bangkok on April 13-14.


RESPECT FOR HUMAN RIGHTS


Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life


There were no confirmed reports that the government or its agents committed any politically motivated killings; however, security forces occasionally used excessive and at times lethal force against criminal suspects and committed or were connected to extrajudicial, arbitrary, and unlawful killings, including killings by security force personnel acting in a private capacity. Government law enforcement bodies and courts took action in some cases, including suspected extrajudicial killings by police in Kalasin Province.


According to the Ministry of Interior's (MOI) Investigation and Legal Affairs Bureau, between January and November, 733 persons died in prison and 24 while in police custody. Authorities attributed most of the deaths to natural causes. Police killed 50 suspects during the arrest process.


By year's end no member of Task Force 39 had been charged in connection with the death of Imam Yapa Koseng while in army custody in March 2008. There were three lawsuits pending in the case: the potential criminal proceeding against the military suspects, under consideration by the National Counter-Corruption Commission (NCCC) since June 2008; the civil lawsuit filed by Yapa's family in March against the Ministry of Defense, Royal Thai Army (RTA), and Royal Thai Police (RTP) that was put on hold pending the resolution of a jurisdictional problem; and a criminal lawsuit filed on August 20 by the family against the alleged perpetrators.


There were no developments in the 2007 death of Nopphon Chaiwichit in Nakhon Si Thammarat Province. At year's end the Crime Suppression Police Division in Bangkok continued its investigation.


At year's end the case of the 2007 shooting by Preecha Panpayap, a MOI security official, in Mae Hong Son Province that killed Karenni refugee Aie Oo had not reached the prosecution or trial stage. On January 27, authorities forwarded the matter to the provincial police, which established an investigatory committee but made no determination. The governor of Mae Hong Son brought the case to the Office of the Attorney General (OAG) in June 2008. In November the OAG decided that it would not prosecute Preecha for deliberate homicide.The Department of Special Investigation's (DSI) Special Case Center accepted for investigation 10 cases suspected of being related to the 2003 "War on Drugs" campaign for investigation, although the killings occurred after 2003. The DSI forwarded eight of the cases to the OAG and one to the NCCC, and it continued to investigate one case. The DSI issued warrants for six police officers in Kalasin Province in relation to the killing of Kiattisak Thitboonkhrong and the subsequent cover-up. In August the DSI submitted a brief to the state prosecutor; on September 9, the prosecutor filed criminal charges, including a charge of abuse of power for the three commissioned officers involved.


In October several police officers and civilians exhausted their appeals in relation to the kidnapping and murder of the wife and son of jeweler Santi Sithanakhan during the investigation of the Saudi Arabian palace jewel theft in 1994. The Supreme Court upheld the death sentence of former police commissioner Chalo Koetthet for masterminding the scheme. Similarly, it upheld the life sentences received by one police officer and two civilians. As for the remaining defendants, another officer and a civilian died in prison, the last two civilians received minor sentences, and a final officer was acquitted.


According to the Thailand Mine Action Center, during the year there were 10 injuries due to landmines, occurring in Buriram, Kanchanaburi, Sakaew, Sisaket, and Trat provinces. The government continued significant public awareness campaigns, including sending landmine awareness teams to the affected villages and landmine education teams to local schools to inform students about the risk and prevention of landmine injury.


There were at least four violent incidents between Thai border rangers and Cambodian illegal loggers during the year. For example, on September 11, border rangers shot at a group of Cambodians illegally logging on the Thai side of the border in Surin Province. One Cambodian was killed and another wounded in the incident. On November 27, border rangers allegedly shot and killed one individual among a group of seven Cambodian illegal loggers in Kap Cheung District, also in Surin Province.


b. Disappearance


There were no reports of politically motivated disappearances. There were no confirmed reports that individuals disappeared after being questioned by security officials in the southern provinces.


On December 11 in Narathiwat Province, relatives reported that Abduloh Abukaree disappeared after failing to return home from a nearby tea shop. He was a key witness in a DSI case against high-ranking police officials, connected to the disappearance of Somchai Neelaphaijit (see below).


There were no developments in the February 2008 case of Kamol Laosophaphant, a businessman in Khon Kaen Province who disappeared after going to a police station to lodge criminal complaints against local officials concerning state railway land deals. However, the DSI accepted it as a special case and was investigating it.


Utsaman Awaenu, a navy draftee stationed in Sattahip, Chonburi Province, who disappeared in February 2008, was located in mid-2008 by his family with the assistance of the Muslim Attorney Center and the Cross Cultural Foundation.


There were no developments in the 2007 abduction of Anukorn Waithanomsak, an assistant to a leader of the United Front for Democracy Against Dictatorship (UDD).

On March 19, a civil court declared Muslim attorney and human rights activist Somchai Neelaphaijit legally missing, five years after his disappearance. In January his wife, Angkhana Neelaphaijit, met with Prime Minister (PM) Abhisit, who susbsequently pressured the DSI to pursue any remaining leads in the case. The DSI conducted several searches and declared there was no new evidence. In March the DSI stated that Police Major Ngern Thongsuk, convicted in 2007 of coercion for his role in forcing Somchai into a car, was living in a neighboring country and had not died in a September 2008 mudslide in Kanchanaburi Province as previously claimed. On March 11, Deputy PM Suthep Thaugsuban stated that those involved in Somchai's abduction would be prosecuted; however, at year's end no additional individuals had been charged. Somchai's disappearance in 2004 was thought to be connected to his legal representation of criminal suspects who allegedly had been tortured by high-ranking police officials. At year's end that case was before the NCCC, and one of the key witnesses, Abduloh Abukaree, disappeared on December 11, before he was able to testify.


c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment


The constitution specifically prohibits such practices, but there is no law that specifically prohibits torture, and it is not punishable as an offense under criminal law. Nongovernmental organizations (NGOs) and legal entities continued to report that members of the police and military occasionally tortured and beat suspects to obtain confessions. There were newspaper reports of numerous cases in which citizens accused police and other security officials of using brutality. At year's end no military personnel had been charged or prosecuted; however, there were criminal actions against RTP officers.


RTP Captain Nat Chonnithiwat and seven other police officers in the 41st Border Patrol Police unit were convicted by two separate Bangkok courts on charges of assault, illegal detention, extortion, and receiving bribes. Many of the victims were beaten, subjected to electric shock, and had plastic bags placed over their heads to force them to confess. Others were forced to pay bribes of cash and jewelry to have charges reduced against them. At least 61 individuals filed complaints against these officers; in July they were sentenced to three years in prison, and in December they were sentenced to an additional five years.


The RTP continued its investigation of the January 2008 alleged torture of university students Ismael Tae and Amisi Manak by Yala's Task Force ll and soldiers from a camp in Pattani. The relatives of the victims also filed a civil suit against the RTA, which was pending at year's end.
Prison and Detention Center Conditions

Prison conditions were poor. Prisons and detention centers were overcrowded. There were approximately 200,000 prisoners in prisons and detention facilities designed to hold 100,000. Sleeping accommodations were insufficient, medical care was inadequate, and communicable diseases were widespread in some prisons. Seriously ill prisoners at times were transferred to provincial or state hospitals.


Prison authorities sometimes used solitary confinement of not more than one month, as permitted by law, to punish male prisoners who consistently violated prison rules or regulations, although the Department of Corrections maintained that the average confinement was approximately seven days. Authorities also used heavy leg irons to control prisoners who were deemed escape risks or harmful to other prisoners.


Approximately 14 percent of the prison population consisted of pretrial detainees, who were not segregated from the general prison population. Men, women, and children often were held together in police station cells pending indictment. Separate facilities for juvenile offenders were available in all provinces. In rare instances juveniles were detained with adults.


Conditions in immigration detention centers (IDCs) remained poor. The Immigration Police Bureau, reporting to the Office of the Prime Minister, administered IDCs, which were not subject to many of the regulations that governed the regular prison system. There were reports that guards physically abused detainees in some IDCs. Overcrowding and a lack of basic medical care continued to be serious problems. There were also complaints of inadequate and culturally inappropriate food, especially by Muslim detainees.


International observers reported continued overcrowded conditions for detainees in Bangkok's Suan Phlu IDC. Observers alleged that detainees were abused while in detention. There were reports that detainees, including children, were not permitted to exercise at some facilities.


Access to prisons was not restricted, and the government permitted visits by independent human rights observers and the International Committee of the Red Cross (ICRC). ICRC representatives were allowed to meet prisoners without third parties present and made repeated visits. However, at year's end the military had not approved ICRC requests to visit military detention facilities in the four southernmost provinces, where detainees allegedly were mistreated. Authorities also continued to deny the UN High Commissioner for Refugees (UNHCR) access to detainees at the Suvarnabhumi Airport IDC in Bangkok. UNHCR officials were able to interview detainees in Suan Phlu IDC, and access for third countries to process recognized refugees for resettlement continued.d. Arbitrary Arrest or Detention


The constitution specifically prohibits arbitrary arrest and detention; however, government forces occasionally arrested and detained persons arbitrarily. Martial law, which gives the military authority to detain persons without charge for a maximum of seven days, remained in force in 31 of the country's 76 provinces.


The Lawyers' Council of Thailand (LCT) received 115 complaints during the year from residents of the southern provinces about security force operations, including improper searches and arrests made by citing the emergency decree and presenting warrants afterwards.


Role of the Police and Security Apparatus


The RTP has the authority to minimize threats to internal security and suppress criminal activity. It is under the direct supervision of the prime minister and a 20-member police commission. The police commissioner general is appointed by the prime minister and subject to cabinet and royal approval. The Border Patrol Police has special authority and responsibility in border areas to combat insurgent or separatist movements.


The February 2008 implementation of the Internal Security Act (ISA) created the Internal Security Operations Command (ISOC) as a state agency under the command of the prime minster, who acts as the ISOC director. The act includes broad powers for the military. Military and civilian personnel make up the ISOC staff; ISOC is intended to function as a national security force to suppress unrest. The ISA was invoked in July for the Association of Southeast Asian Nations (ASEAN) Regional Forum in Phuket and repeatedly in the fall for UDD rallies. Human rights organizations and academics criticized the government for repeatedly utilizing the ISA, with approval of the cabinet, to respond to alleged threats to national security by restricting fundamental rights. However, invocation of the ISA did not prevent peaceful assembly of protesters.


Corruption remained widespread among members of the police force. There were numerous incidents of police charged with sexual harassment, theft, and malfeasance. There were reports that police tortured, beat, and otherwise abused detainees and prisoners, generally with impunity. Police officers were arrested for drug trafficking, reportedly involved with intellectual property rights violations, and convicted on extortion charges.


In certain regions and situations where the military plays a security role, soldiers were arrested and charged with drug trafficking and arms trafficking. In July the RTA dismissed 38 noncommissioned officers for fraud and extortion for demanding money for rank and duty promotions.


There were press reports that former police chief Patcharawat Wongsuwan interfered in the investigation of the April attempted killing of People's Alliance for Democracy leader Sondhi Limthongkul. In July arrest warrants were issued for two soldiers and a police officer. In October the NCCC charged Patcharawat with malfeasance for his handling of the violent crackdown on the October 2008 political protesters, leading PM Abhisit to transfer him. The case was forwarded to the OAG but then moved to a joint NCCC-OAG committee in November; at year's end it had not been resolved.


Complaints of police abuse can be filed directly with the superior of the accused police officer, the Office of the Inspector General, or the police commissioner general. The National Human Rights Commission (NHRC), LCT, NCCC, Court of Justice, Ministry of Justice (MOJ), and Office of the Prime Minister also accept complaints of police abuse and corruption, as does the Office of the Ombudsman. At year's end there were 22 petitions pending with the LCT seeking assistance to pursue abuse of power cases against the police.


When the police department receives a complaint, an internal investigation committee first takes up the matter and may temporarily suspend the officer during the investigation. Various administrative penalties exist, and serious cases can be referred to a criminal court. The NHRC received approximately 95 complaints of police abuse between October 2008 and the end of the year.


Procedures for investigating suspicious deaths, including deaths occurring in police custody, require that a prosecutor, forensic pathologist, and local administrator participate in the investigation and that in most cases family members have legal representation at the inquests. However, these procedures often were not followed. Families rarely took advantage of a provision in the law that allows them to bring personal lawsuits against police officers for criminal action during arrests.
Arrest Procedures and Treatment While in Detention


With few exceptions, the law requires police to obtain a warrant from a judge prior to making an arrest. In practice the system for issuing arrest warrants was subject to misuse by police officers and a tendency by the courts automatically to approve all requests for warrants. By law persons must be informed of likely charges against them immediately after arrest and must be allowed to inform someone of their arrest. The law provides for access to counsel for criminal detainees; however, lawyers and human rights groups claimed that police often conducted interrogations without providing access to an attorney. Lawyers working in the southern provinces reported that under the emergency decree they were denied adequate access to detained clients, and some individuals in the southern provinces reported they were denied permission to visit detained family members. Foreign detainees sometimes were pressured to sign confessions without the benefit of a competent translator. The MOJ and OAG sought to provide an attorney to indigent detainees at public expense.


Under normal conditions the law allows police to detain criminal suspects for 48 hours after arrest for investigation. Court permission is required to extend detentions for additional periods (up to a maximum of 84 days for the most serious offenses) to conduct investigations. Lawyers reported that police rarely brought cases to court within the 48-hour period. Laws and regulations place offenses for which the maximum penalty is less than three years under the jurisdiction of the district courts, which have different procedures. In these cases police are required to submit cases to public prosecutors within 72 hours of arrest. According to the LCT, pretrial detention of criminal suspects for up to 60 days was common.


The law provides defendants the right to bail, and the government generally respected this right. However, some human rights groups reported that police frequently either did not inform detained suspects of their right to bail or refused to recommend bail after a request was submitted. There were several instances of denial of bail in lese majeste cases; both Boonyuen Prasertying and Suwicha Thakhor were denied bail for three months between their arrests and guilty pleas. In July 2008 police arrested activist Daranee Charnchoengsilpakul (also known as Da Torpedo) on lese majeste charges following speeches at UDD rallies. The court refused her bail on several occasions, and she remained in detention for more than a year before she was sentenced on August 28.


Under martial law the military has the authority to detain persons without charge for a maximum of seven days.


Amnesty


Early in the year, authorities completed the release of 31,149 prisoners pardoned by the king as part of a royal amnesty marking his 80th birthday in 2007.


e. Denial of Fair Public Trial


The constitution provides for an independent judiciary. Although the judiciary generally was regarded as independent, it was subject to corruption and outside influences. According to human rights groups, the lack of progress in several high-profile cases involving alleged abuse by the police and military diminished the public's trust in the justice system and discouraged some victims of human rights abuses (or their families) from seeking justice.


The civilian judicial system has three levels of courts: courts of first instance, courts of appeal, and the Supreme Court of Justice. In addition there is a Constitutional Court, charged with interpreting the constitution, and the Administrative Court, which adjudicates cases involving government officials or state agencies. Justices nominated to the Supreme Administrative Court are confirmed by the Senate after being recruited by a judicial commission consisting of 10 judges and three officials appointed by the Senate and the cabinet. Other judges are career civil servants whose appointments are not subject to parliamentary review.

A separate military court hears criminal and civil cases pertaining to military personnel as well as those brought during periods of martial law. Islamic (Shari'a) courts hear only civil cases concerning family and inheritance matters between Muslim parties in Yala, Pattani, Narathiwat, and Satun provinces.


Trial Procedures


There is no trial by jury. A single judge decides trials for misdemeanors; two or more judges are required for more serious cases. The constitution provides for a prompt trial, although a large backlog of cases remained in the court system. While most trials are public, the court may order a closed trial, particularly in cases involving national security, the royal family, children, or sexual abuse. NGOs criticized the closure of the trial of political activist Daranee Charnchoengsilpakul in June, which resulted in an 18-year sentence. Her attorneys appealed the constitutionality of the trial closure; in December the Constitutional Court declined to accept the petition, reasoning that her conviction could be overturned by either the appeals court or the Supreme Court.


The law provides for the presumption of innocence. In ordinary criminal courts, defendants enjoy a broad range of legal rights, including access to a lawyer of their choosing. A government program sought to provide free legal advice to the poor, but indigent defendants were not automatically provided with counsel at public expense. The MOJ and the OAG remained committed to providing legal aid in both civil and criminal cases but did not allocate sufficient resources. The LCT budget was reduced by more than 25 percent in the year. The legal aid provided was often done on a pro bono, ad hoc basis, and it was of a low standard. Some NGOs reported that legal aid lawyers pressured their clients into paying additional fees directly to them. The court is required to appoint an attorney in cases where the defendant disputes the charges, is indigent, or is a minor, as well as in cases where the possible punishment is more than five years' imprisonment or death. Most free legal aid came from private groups, including the LCT and the Thai Women Lawyers Association. There is no discovery process; consequently, lawyers and defendants do not have access to evidence prior to the trial. The law provides for access to courts or administrative bodies to seek redress, and the government generally respected this right.


Several NGOs expressed concern over the lack of adequate protection for witnesses, particularly in cases involving alleged police wrongdoing. The MOJ's Office of Witness Protection had limited resources and primarily played a coordinating role. In most cases witness protection was provided by the police, but six other state agencies participated in the program. Witnesses, lawyers, and activists involved in cases of alleged police abuse reported that protection was inadequate and that they were intimidated by the police sent to provide protection.
There were no reports of political prisoners or detainees.


Civil Judicial Procedures and Remedies


There is an independent and impartial judiciary in civil matters. The law provides for access to courts and administrative bodies to bring lawsuits seeking damages for, or cessation of, a human rights violation, and the government generally respected this right. However, sections 16 and 17 of the emergency decree, which was in force in the three southern border provinces, expressly exclude scrutiny by the Administrative Court or civil or criminal proceedings against government officials, although victims may seek compensation from a government agency instead.


f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution specifically prohibits such actions, and the government generally respected these prohibitions in practice. However, martial law gives military forces the authority to conduct searches without a warrant, and this authority was used on some occasions. In addition, the emergency decree covering the southern provinces also allows authorities to make searches and arrests without warrants. The LCT received multiple complaints from persons in the south claiming that security forces abused this authority, but the decree provides security forces broad immunity from prosecution.


Security services monitored persons, including foreign visitors, who espoused extremist or highly controversial views.


In contrast with 2008, there were no reports that police conducted warrantless searches in the northern provinces or that members of indigenous hill tribes were subjected to forced evictions and relocations.


g. Use of Excessive Force and Other Abuses in Internal Conflict


The internal conflict in the ethnic Malay, Muslim-majority, southernmost provinces (Narathiwat, Pattani, Yala, and portions of Songkhla) continued throughout the year. Insurgents carried out almost daily bombings and attacks that caused deaths and injuries. The emergency decree in effect in this area gives military, police, and civilian authorities significant powers to restrict certain basic rights and delegated certain internal security powers to the armed forces. The decree also provides security forces broad immunity from prosecution. The 2006 martial law, which also remained in effect in the provinces of Narathiwat, Pattani, and Yala, gives a wide range of power to security forces.


Killings


Human rights groups accused government forces of extrajudicial killings, arbitrary arrests, and torture of individuals suspected of involvement with separatists. As a result of a series of attacks by suspected insurgents, tension between the local ethnic Malay Muslim and ethnic Thai Buddhist communities continued to grow, alongside a distrust of security officials.


On March 12, suspected insurgents shot prominent human rights activist Laila Paaitae Daoh in Krongpenang, Yala. Laila, who died from her injuries the next day, was the fourth family member to be killed for advocating a peaceful solution to the southern problem. Laila's husband and second son were killed in 2006, and her eldest son was shot and killed in 2004.


On June 8, gunmen opened fire inside the Al Furqon mosque in Narathiwat, killing 10 and injuring 12. Police issued an arrest warrant for a former paramilitary member, Sutthirak Kongsuwan, who was related to a Buddhist villager killed the day before in the neighboring district. Police later issued a second warrant for the alleged getaway driver. Insurgents killed a pregnant Buddhist schoolteacher in the same district earlier that week.


On June 12, gunmen shot two Buddhist monks in Yala while they collected morning alms, killing one and seriously wounding the other.


In February the OAG decided not to pursue criminal charges against any officials involved in the 2004 Krue Se massacre, ending the inquest started in 2007.


On May 29, the Songkhla Provincial Court announced its verdict on the inquest into the deaths of 78 ethnic Malay Muslim detainees at Tak Bai in 2004. The court determined that officers were performing their duty and were not responsible based on the immunity granted them through provisions in the emergency decree.


According to statistics from the MOI's National Emergency Coordinating Center, during the year separatist violence resulted in the deaths of 510 individuals and the injury of 995 more in 935 incidents. The center also reported that at least 389 civilians were killed and 614 injured, 78 government officials were killed and 379 injured, and 43 insurgents were killed and one injured. As in previous years, the separatists frequently targeted government and religious representatives, including teachers, monks, and district and municipal officials, as well as Buddhist and Muslim civilians.


Some government-backed civilian defense volunteers, most of them ethnic Thai Buddhists from villages in the south, continued to receive basic training and weapons from the MOI and security forces. Human rights organizations expressed concerns about vigilantism against ethnic Malay Muslims by these defense volunteers and other civilians, suggesting they may have been involved in the June 8 mosque attack.


Police continued investigating the February 2007 attacks in Narathiwat, Pattani, Yala, and Songkhla that killed nine persons and injured approximately 70. Arrest warrants were issued for 13 suspects for the Narathiwat attacks; of those, two were arrested and were on trial at year's end. Two suspects were arrested and prosecuted for the attacks in Yala and were sentenced to life imprisonment. Authorities issued 15 arrest warrants for the March 2007 ambush of a van in Yala that killed eight Buddhist passengers. Five of the 15 suspects were killed during clashes with authorities at other locations, and four were arrested.