The Royal Thai Government should comply with its international human rights obligations to provide remedies and reparation to victims of torture or other ill-treatment, the ICJ, Human Rights Watch and Amnesty International said today.
As Thai Prime Minister General Prayut Chan-Ocha visits Myanmar to revive the stalled Dawei Special Economic Zone (SEZ), the governments of Thailand and Myanmar should cooperate to establish a legal framework protecting the human rights of the area’s residents, said the ICJ.
On 24-26 September 2014, the ICJ conducted a workshop on fair trial standards and trial monitoring for Vietnamese lawyers in Manila, Philippines.
The objectives of the workshop were to strengthen the participants’ understanding of fair trial standards and to increase the pool of trained lawyers available to conduct trial monitoring activities in the ASEAN region.
As part of the workshop, the participants observed several criminal proceedings at the Regional Trial Court of Quezon city and visited the Paranaque City Jail, in Manila.
The speakers included experts from the Free Legal Aid Group (FLAG), the Human Rights Resource Center (HRRC), and the Asian International Justice Initiative (AIJI).
The ICJ’s manual on trial monitoring, which was used at the training, provides trial observers with practical guidance on how to prepare for a trial observation mission, carry out the observation and write the follow-up report.
It also provides a synthesis of the basic legal standards applicable in relation to (i) the right to a fair trial, (ii) the right to remedy of victims of human rights violations, and (iii) combating impunity.
ICJ affiliate the Colombian Commission of Jurists today delivered an oral statement at the UN Human Rights Council, concerning enforced disappearances in Thailand.
The statement noted that of the 81 cases transmitted by the Working Group on Enforced or Involuntary Disappearances to the Royal Thai Government between 1980 and 2014, the Government has clarified only two (A/HRC/27/49, 5 August 2014).
The statement highlighted the case of Somchai Neelapaijit, a lawyer and human rights defender, who was subjected to enforced disappearance more than 10 years ago but whose case remains unresolved. I also described the recent disappearance of Pholachi “Billy” Rakchongcharoen, a Karen minority human rights activist, who has not been seen since April 2014, when he was last seen in the custody of certain public officials with whom he and his community were engaged in an ongoing legal dispute.
The statement emphasised that Thailand must effectively investigate all cases and provide victims, including family members, withfull remedies and reparation. Enforced disappearance should be a distinct crime in domestic law, with penalties reflecting its extreme seriousness. Thailand should also accept the 30 June 2011 visit request of the Working Group and ratify the Convention for the Protection of All Persons from Enforced Disappearance, which it signed on 9 January 2012.
Thailand exercised its right of reply to respond to the oral statement.
The statement can be downloaded in PDF format here: Thailand-EnforcedDisappearance-Advocacy-non legal submission-2014-ENG
The statement and reply can be viewed in the UN video archive, here.
A written version of the reply by Thailand (unofficial, the official reply is as delivered in the video above) can be downloaded in PDF format here: Thailand_R of Reply_GD_18
On 11-12 September 2014, the ICJ held an academic seminar on “The Principle of Inadmissibility of Evidence Obtained by Unlawful Means and Hearsay Evidence: International Standards Compared to Thai Law” for Judges, prosecutors and lawyers working in Thailand’s deep South.
The objective of the seminar held in Hat Yai was to discuss the provisions of the Thai Criminal Procedure Code that address hearsay and unlawfully obtained evidence and compare them to international standards.
Speakers at the seminar included Justice Jaran Pakdeethanakul of the Constitutional Court of Thailand; Associate Professor Narong Jaiharn, Dean of the Faculty of Law, Thammasat University; and two international Judges who spoke about the approach to hearsay and unlawfully obtained evidence in the inquisitorial and adversarial legal systems.
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