Nov 23, 2017 | News
Today, the ICJ and Amnesty International submitted recommendations to the Ministry of Justice that changes be made to a new law under consideration by the Cabinet, in order to bring it in line with Thailand’s international legal obligations.
The submission came in response to a request by the Ministry for feedback on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’).
The ICJ and Amnesty International welcome the Thai government’s commitment to criminalize torture and enforced disappearances.
The Draft Act currently addresses many existing gaps in Thailand’s current legal framework.
However, the organizations consider that further amendments are needed to address significant shortcomings in the Draft Act and ensure Thailand’s compliance with international treaties on torture and enforced disappearance and international standards.
Recommendations by the ICJ and Amnesty International addressed the following concerns:
- The absence within the Draft Act of key elements of the crimes of torture and enforced disappearance, as defined by international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment or punishment (CIDT/P);
- The inadequacy of provisions establishing the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearance as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act; and
- The shortcoming of provisions concerning safeguards against torture, CIDT/P and enforced disappearances.
The ICJ and Amnesty International urge Thailand to make it a top priority to address these and other concerns, and once they are addressed, to enact the law as soon as possible.
The urgent need to amend and enact the Draft Act is underscored by several NGO reports documenting the persistent use of torture and other ill-treatment by state security forces and the continued failure of the Thai authorities to hold accountable perpetrators of torture, other ill-treatment and enforced disappearances.
The ICJ and Amnesty International remain committed to providing any necessary assistance to the Thai government in amending the Draft Act or otherwise acting to prevent torture and enforced disappearances in Thailand.
In a letter accompanying the submission, the ICJ and Amnesty International also emphasized the crucial importance of maintaining sections within the current Draft Act providing that the prohibitions on torture and enforced disappearances apply in all circumstances, including states of emergency, and prohibiting the forcible transfer of persons to territories where they would face a real risk of torture or enforced disappearances (refoulement).
Background
Thailand is a state party to the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance.
The UN expert bodies overseeing the implementation of these treaties have consistently called upon states parties to criminalize torture and enforced disappearance as specific crimes.
On 15 November 2016, Thailand replied to a List of Issues, identified by the UN Human Rights Committee’s noting that it was in the process of passing the Draft Act which would “provide clear definition and set up specific offence on torture to be in line with the terms set forth under CAT” and “serve as an implementing legislation for ICPPED.”
It also asserted that the Draft Act “aims to strengthen the prevention, suppression, and prosecution mechanism and to ensure remedy for victims as well as address the problem of misuse, and abuses of power by government authorities with regard to torture and enforced disappearances.”
In February 2017, the National Legislative Assembly (NLA) announced it would not enact the Draft Act, which was produced by the Ministry of Justice in consultation with non-governmental organizations and other civil society actors.
In March 2017, at the UN Human Rights Committee’s review of Thailand’s compliance with the ICCPR, Thailand confirmed that the Draft Act “had been submitted to the National Legislative Assembly, which had requested the Cabinet to further review the bill, with a view to introducing amendments and launching a public consultation process.”
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 e: kingsley.abbott@icj.org
Read also
Joint Letter to the Thai Government
Download
Thailand-Torture and ED-Advocacy-nonlegal submission-ENG (Submission in English, pdf)
Thailand-Torture ED Bill-News-THA (statement in Thai, pdf)
Thailand-Torture and ED-Advocacy-nonlegal submission-THA (Submission in Thai, pdf)
Nov 22, 2017 | News
On 22 November, the ICJ, in collaboration with the Legal Research and Development Center under Chiang Mai University’s Faculty of Law, held a roundtable discussion on “Human Rights Litigation concerning the Special Economic Zones in Myanmar and Thailand”.
The objective of the discussion, held on campus at Chiang Mai University, was to identify legal issues and to share experiences regarding strategic litigation and advocacy strategies concerning human rights violations associated with the development of Special Economic Zones (SEZs) in Thailand and Myanmar.
In recent years, both the Thai and Myanmar governments have been trying to attract foreign direct investment into their countries by demarcating specific areas where special regulations concerning, inter alia, public administration, the environment, land or labour rights might be applied.
Proponents of SEZs tend to link their development with jobs and economic growth, however, there is generally limited publicly available information about their economic or public purpose rationale.
The development of SEZs, which requires a lot of land, can undermine the protection of human rights and the rule of law by creating governance structures and permitting processes less stringent than that required under national and international law.
Participants at the discussion included postgraduate students and lecturers from Chiang Mai University’s Faculty of Law, lawyers and representatives from Thai civil society organisations.
The ICJ shared with participants its report analysing the legal framework of SEZs in Myanmar and human rights concerns arising from a case study of Kyauk Phyu SEZ, ‘Special Economic Zones in Myanmar and the State Duty to Protect Human Rights’, during the discussion.
The speakers at the discussion were:
· Sean Bain, ICJ International Legal Advisor, Myanmar
· Sumitchai Hattasan, Director, Center for Protection and Revival of Local Community Rights
· Supaporn Malailoy, EEC Watch, Human Rights and Environmental Lawyer
Nov 16, 2017 | News
Today’s decision of the Supreme Court to dissolve the main opposition political party, the Cambodia National Rescue Party (CNRP), has significantly heightened the human rights and rule of law crisis within the country, the ICJ said.
The Supreme Court has also banned 118 of CNRP politicians from political activity for five years.
“By dissolving the main opposition party and banning 118 CNRP politicians from political activity for five years, the Supreme Court is irreparably interfering with the rights of potentially millions of Cambodians to freely choose their political representatives and vote for them in the upcoming elections,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“The fact that the Law on Political Parties was amended to enable the Supreme Court to dissolve political parties shortly before it dissolved the CNRP strongly suggests the entire ‘legal process’ was nothing more than political theatre, inconsistent with human rights and the rule of law.”
A full bench of nine judges of the Supreme Court, including the President, unanimously decided to dissolve the CNRP pursuant to powers contained within Article 44 (new) of the Law on Political Parties (LPP), which was controversially amended twice this year, in February and July 2017.
The lawyers representing the CNRP were not present at Court after electing to boycott the proceedings in protest at their legitimacy.
Furthermore, the President of the Supreme Court, Justice Dith Munty, who read out the decision, is reportedly a member of the ruling Cambodian People’s Party (CPP) and sits on both its Standing and Permanent Committees, raising serious doubts about the independence and impartiality of the Court.
“It makes a mockery of fair justice to have someone in a leadership position within one political party sit in judgment on the conduct of that party’s main opposition. There can be no starker example of an inherent conflict of interest,” Abbott said.
“At an absolute minimum, the President should have recused himself from any role in relation to the case, as should have any other judge sitting on the bench if they hold a similar position within the CPP,” he added.
These concerns are consistent with the ICJ’s findings in a report it released last month, in which it found that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors.”
“The problem is two-fold: an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others.”
On 23 October 2017, the 26th anniversary of the 1991 Paris Peace Conference on Cambodia, the ICJ and 54 other organizations wrote an open letter to the Secretary-General of the United Nations and the Conference’s co-chairs calling on them to reconvene the members of the Conference, along with other concerned stakeholders, for an emergency summit to discuss the human rights crisis within the country.
“The dissolution of the CNRP sends a strong signal to the international community and all Cambodians that a red-line has been crossed, which makes reconvening the Paris Peace Conference to address the human rights and rule of law crisis within the country all the more urgent,” said Kingsley Abbott.
Contact
Kingsley Abbott, Senior International Legal Adviser for Southeast Asia, ICJ, t: +66 94 470 1345 ; e: kingsley.abbott@icj.org
Background
It has been reported that, on 4 and 5 October 2017, the Cambodia Youth Party and the Funcinpec Party, respectively, filed complaints with the Ministry of Interior (MOI) alleging that the CNRP had violated Articles 6 (new) and 7 (new) of the Law on Political Parties, and asked the MOI to file a complaint with the Supreme Court to dissolve the CNRP.
On 6 October 2017, the MOI filed a complaint with the Supreme Court pursuant to Article 38 (new) of the LPP to dissolve the CNRP.
Article 25 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State Party, guarantees the rights of all persons, without any unreasonable restrictions, “to take part in the conduct of public affairs, directly or through freely chosen representatives; and to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.”
Article 14 of the ICCPR affirms the principle that tribunals judging rights and obligations in legal proceedings be independent and impartial.
Detailed international standards on requirements for a court to be independent have been set out in the UN Basic Principles on the Independence of the Judiciary (1985), and requirements for judicial impartiality have been set out in the Bangalore Principles of Judicial Conduct and Commentary (2002/2007), which includes the standard that “All partisan political activity and association should cease upon the assumption of judicial office” (para 75 of the Commentary).
Nov 8, 2017 | News
Today, the ICJ addressed an academic seminar on the topic of “Post-mortem Examinations and Inquires”, organized by Chiang Mai University’s Faculty of Law, in collaboration with the Cross Cultural Foundation, a partner of the ICJ.
Participants in the seminar, which was held at Chiang Mai University’s Faculty of Law campus, included undergraduate students and lecturers from Chiang Mai University.
The ICJ’s speakers at the workshop were Sanhawan Srisod, ICJ National Legal Adviser, who delivered an introduction to International Human Rights Law, and Kingsley Abbott, ICJ Senior International Legal Adviser, who addressed the right to life, and the international law and standards as they relate to investigations including the rights of victims and family members.
Other speakers at the Workshop were Preeda Nakphew a lawyer with the Cross Cultural Foundation, and Sarawut Pratoomraj, a Law Reform Officer with the Law Reform Commission of Thailand.
The seminar was part of an ongoing engagement between the ICJ and Chiang Mai University’s Faculty of Law.
Nov 1, 2017 | News
The ICJ welcomes the Pattani Provincial Prosecutor’s decision to end the criminal prosecution of three prominent human rights defenders who raised allegations of torture in Thailand’s restive deep South: Ms Pornpen Khongkachonkiet, Mr Somchai Homlaor, and Ms Anchana Heemmina.
On 24 October 2017, the Region 9 Senior Expert Public Prosecutor, on behalf of the Pattani Provincial Prosecutor, informed the Superintendent of the Muang District Pattani Police Station of the decision to end the prosecution of the three defenders for criminal defamation and violation of the Computer Crime Act.
The ICJ has previously expressed concern that the prosecutions were unwarranted and abusive and were aimed at chilling the exercise of critical human rights work in Thailand.
“While we welcome the decision to end these prosecutions, they have already caused a tremendous amount of damage to complainants of serious human rights violations like torture and ill-treatment, civil society, and the local community in the deep South that must now be repaired,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“An important first step would be to pass legislation which criminalizes torture and ill-treatment and provides meaningful protections for those who wish to come forward with allegations of violations,” he added.
On 28 February 2017, the UN Office of the High Commissioner for Human Rights announced that it had been informed that the Thai National Legislative Assembly (NLA) would not enact legislation then under consideration criminalizing torture and enforced disappearance, the Draft Prevention and Suppression of Torture and Enforced Disappearance Act (Draft Act).
The following day, an NLA official speaking to BBC Thai confirmed that the Draft Act would be “returned [to the Thai Cabinet] for more consultations… with Interior officials, police authorities, the national security sector, military authorities and prosecutors.”
The Draft Act remains with the Thai Cabinet.
“It is long past time for Thailand to make good on its repeated commitments on the international stage to pass this essential piece of legislation in accordance with its international human rights obligations,” added Abbott.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Background
On 10 February 2016, three Thai organizations, the Cross Cultural Foundation (CrCF), Duay Jai Group (Hearty Support Group), and the Patani Human Rights Organization (HAP), issued a report that documented 54 cases of alleged torture and ill-treatment by the Thai security forces in the deep South since 2004.
In response, the Internal Security Operations Command (ISOC) Region 4 (Forward Command) – created to resolve the situation in the deep South – made complaints of criminal defamation against the three co-editors, Pornpen Khongkachonkiet (Director of the CrCF), Somchai Homlaor (Senior legal advisor to CrCF and Hearty Support Group), and Anchana Heemmina (founder and Director of the Hearty Support Group).
On 26 July 2016, the Thai police charged the three defenders with criminal defamation by means of publication under Article 326 and 328 of the Penal Code, and importing false information to a computer system under Article 14 (1) of the Computer-Related Crime Act B.E. 2550 (2007).
On 7 March 2017, the ISOC 4 Forward Command announced its intention to drop the complaints at a press conference in Bangkok.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
Further reading on these criminal proceedings
Thailand: ICJ welcomes dropping of complaints against human rights defenders but calls for investigation into torture
Thailand: stop use of defamation charges against human rights defenders seeking accountability for torture
Thailand: immediately withdraw criminal complaints against human rights defenders
Further reading on the Draft Prevention and Suppression of Torture and Enforced Disappearance Act
Thailand: ICJ commemorates international day in support of victims of enforced disappearances
Thailand: pass legislation criminalizing enforced disappearance, torture without further delay
Thailand-News-Pressreleases-humanrightsdefenders-2017-THAI (full press release in Thai, pdf)
Oct 18, 2017 | News, Publications, Reports, Thematic reports
Cambodia is “weaponizing” the law and relying on judges and prosecutors who lack independence to silence dissent and dismantle democracy, says the ICJ in a report released today.
The release of the report Achieving Justice for Gross Human Rights Violations in Cambodia follows Monday’s unanimous decision of the National Assembly, attended only by law-makers from the ruling Cambodian People’s Party (CPP), to amend four election laws which would redistribute parliamentary seats held by the opposition Cambodia National Rescue Party (CNRP) to several minor parties in the event of the CNRP’s dissolution.
A Senior Cambodian CPP law-maker, Cheam Yeap, was reported as saying that the amendments were made “especially for the treasonous acts of the president of the CNRP, Kem Sokha, who committed treason in a red-handed crime.”
“These amendments are the latest in a long line of instances where the Government has shamelessly passed or amended laws with the specific purpose of legally harassing perceived opponents or weakening representative democracy within the country,” said Kingsley Abbott, Senior International Legal Adviser at the ICJ’s regional office in Bangkok.
Also of concern is that the Government is increasingly defending its actions by claiming it is merely applying the rule of law.
In a statement released by the Permanent Mission of Cambodia to the United Nations in Geneva on Monday, the Government claimed that “Prosecuting and punishing offenders by legitimate authorities, for the interest of justice, should not be read as a menace to democracy and human rights, but rather as an enforcement of the rules of law…upholding the rules of law means holding perpetrators accountable for their conducts”.
“The ‘rule of law’ is not only about passing and implementing laws, but rather ensuring they are drafted and applied in accordance with international human rights law and without discrimination, including discrimination based on political or other opinion,” added Abbott.
The ICJ’s report, which is being released against the backdrop of a rapidly deteriorating human rights situation, records that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors,” which includes “an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others”.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41 79 957 2733; e: alex.conte(a)icj.org
Background
On 3 September 2017, the leader of the CNRP, Kem Sokha, was arrested in a raid at his home and taken away by more than 100 policemen.
On 5 September 2017, the Phnom Penh Municipal Court formally charged Kem Sokha under Article 443 of the Cambodian Penal Code for alleged ‘collusion’ with foreign actors to “cause chaos” in Cambodia, otherwise known as treason.
On 6 October 2017, the Ministry of Interior filed a request to the Supreme Court to seek the dissolution of the CNRP pursuant to the Law on Political Parties, which was amended twice in 2017, and allows for the Supreme Court to dissolve political parties in certain circumstances including if one of the leadership is convicted of a crime.
The amendments to the four election laws would also mean that at the district and commune levels, in places where the CPP received the next highest number of votes, vacant seats would be redistributed to the CPP.
Download
Cambodia-GRA Baseline Study-Publications-Reports-Thematic reports-2017-ENG (full report in PDF)
Live Media Event
Watch the media event on the Human rights and democracy crisis in Cambodia live from the Foreign Correspondents’ Club of Thailand in Bangkok on FORUM-ASIA’s Facebook page
It starts at 10.00 Bangkok time (05:00 CET and 03:00 GMT).
Read also
Cambodia and the Rule of Law: UN Statement
Cambodia: UN Human Rights Council urged to address unfolding human rights crisis
