PRESS RELEASE
ALRC-PL-46-2005

U.N. rights panel urged to get "firm commitments" from Thailand on ending grave abuses

(Geneva, July 18, 2005) The Asian Legal Resource Centre (ALRC) on Monday urged the U.N. Human Rights Committee "to seek firm commitments" from Thailand on strengthening institutions to halt a growing number of grave human rights violations there.

A spokesperson for the Hong Kong-based rights group, Michael Anthony, told the committee that much more needed to be done for Thailand to meet its obligations under the International Covenant on Civil and Political Rights.

The committee is assessing Thailand's compliance with the convention, which it joined in 1997, for the first time this week.

"The prevalence of severe torture, forced disappearance and extrajudicial killing accompanied by inadequate sanctions of perpetrators and a lack of remedies for victims indicate Thailand's failure to comply with the [covenant]," Anthony said.

"The failure or absence of implementing institutions is a primary reason for the growth in gross violations of human rights in Thailand during recent times," he said.

The ALRC recommended that the Department of Special Investigation, Department of Rights and Liberties Protection and Central Institute of Forensic Science all be considerably enhanced in order to protect rights guaranteed under the covenant.

It also pointed to the need for a special investigation unit to receive complaints against police and prosecute perpetrators of rights violations.

"The police in Thailand are responsible for the largest number of violations of any single organisation, in part because they are used as a tool for criminal activity by influential persons and in part because they have unsurpassed control over all areas of criminal investigations and therefore enjoy almost absolute impunity," Anthony added.

The ALRC urged the committee to push the government to announce when it will ratify the U.N. Convention against Torture.

"The Government of Thailand has often said that it will ratify the Convention against Torture in the near future," Anthony said.

"There need be no delay, as the Constitution of Thailand already prohibits torture in principle, and a law or changes in laws to address torture can be made after a period of time," he noted.

Anthony was accompanied to the committee deliberations by Angkhana Neelaphaijit, the wife of a prominent missing human rights lawyer, and members of the Thai NGOs Coalition for the Protection of Human Rights Defenders.

The ALRC submitted a supplement to its report on Thailand to the Human Rights Committee on Friday. The supplement and original report are both available on-line at: http://www.alrc.net/doc/mainfile.php/unar_hrc_th_2005/

Full text of the oral statement made by the ALRC to the committee follows.

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Oral Statement concerning Thailand by the Asian Legal Resource Centre delivered to the United Nations Human Rights Committee

Firm commitments to strengthen institutions needed for Thailand to implement ICCPR

The prevalence of severe torture, forced disappearance and extrajudicial killing accompanied by inadequate sanctions of perpetrators and a lack of remedies for victims indicate Thailand's failure to comply with the International Covenant on Civil and Political Rights (ICCPR).

The Asian Legal Resource Centre (ALRC) has already presented an extensive report and supplementary document to the Human Rights Committee with cases, analysis and recommendations on the situation of human rights in Thailand. It stresses the need to establish and strengthen key institutions to enable the enjoyment of rights enshrined in the ICCPR, notably the rights to life, freedom from torture, freedom of expression and equality before the law, among others. The Committee has significant and timely opportunities to work with the State party on these. The ALRC urges it to seek firm commitments that the State party will create new institutions and fortify existing ones in order to comply with the Covenant.

The failure or absence of implementing institutions is a primary reason for the growth in gross violations of human rights in Thailand during recent times.
Under article 2 of the Covenant, Thailand has committed itself to introduce laws and institutions to protect these rights and to provide the victims with access to effective remedies. This requires institutions that are able to receive complaints of human rights violations, launch investigations, prosecute the perpetrators and provide compensation and rehabilitation to the victims. Sadly, the ALRC has noted that these institutions are either missing or unable to function in line with commitments contained in the Covenant.

The ALRC has argued that the State party should especially strengthen the roles of the Department of Special Investigation, Department of Rights and Liberties Protection and Central Institute of Forensic Science (CIFS), and also create new institutions, such the proposed missing-persons centre, and a specialised unit to receive complaints of gross human rights abuses by the police.

As the Department of Special Investigation is under the Ministry of Justice, it has some independence from the rest of the police force. However, it addresses a very limited number of cases under a restrictive mandate and to date has failed to inspire hope among victims and relatives by taking too long and lacking transparency in its work. Although it requires increases in budget and personnel, changes to its management style and greater autonomy and initiative are of paramount importance.

The Department of Rights and Liberties Protection administers the witness protection and victim compensation programmes, and is of critical importance to guarantee remedies under article 2. However, on the whole it lacks the means for very quick interventions where security or emergency assistance is required by witnesses or victims. The day-to-day handling of witness protection remains with the police, which is problematic when police are themselves the alleged perpetrators from whom a victim requires protection.  

The role of the Central Institute of Forensic Science (CIFS) is vital as a counterbalance against police domination of criminal investigations. Forensic science is critical for effective investigations of rights abuses, notably forced disappearances and extrajudicial killings; however, it is not yet a part of the investigation system in Thailand. The CIFS currently operates in only four of Thailand¡¦s 76 provinces and requires permission from the police to join their investigations. The police constantly attempt to restrict and obstruct its activities. It is denied access to evidence, its findings are challenged in attempts to discredit it, and volunteer workers have reportedly even been kidnapped. Greatly increased support from the State party, including increased resources, training and personnel, are vital for the CIFS to play its role in ensuring compliance with article 2.

New institutions are also needed in order for Thailand to meet the requirements of the Covenant satisfactorily. These include a recently proposed missing-persons centre, which must be established as a quasi-independent agency under the Ministry of Justice if it is to do its job as anticipated.

Even more urgently, Thailand needs a specialised agency to receive complaints, launch investigations and prosecute police who commit grave human rights violations, including torture, forced disappearance and extrajudicial killing. The police in Thailand are responsible for the largest number of violations of any single organisation, in part because they are used as a tool for criminal activity by influential persons and in part because they have unsurpassed control over all areas of criminal investigations and therefore enjoy almost absolute impunity. It is critical that the State party take the first step of establishing an institution to counter the uncontrolled excesses that the police in Thailand continue to enjoy if it is to comply with the Covenant.

It should be noted that the ALRC has not referred to the National Human Rights Commission (NHRC) when discussing implementation of the ICCPR. This is because while the NHRC has an important role to play in building respect for human rights in Thailand, it cannot afford effective redress as per article 2. The NHRC lacks the judicial authority to prosecute complaints and can only make recommendations to state agencies, which are largely ignored.

Finally, there are two very important steps that the State party can take without delay to demonstrate its commitment to securing human rights in Thailand: ratify the Convention against Torture (and Other Cruel or Inhuman Treatment or Punishment) and the first Optional Protocol of the ICCPR, which would allow individual complainants to bring their cases to the Committee. The Government of Thailand has often said that it will ratify the Convention against Torture in the near future. Coming before the Committee, now is the ideal time to announce when it will do this. There need be no delay, as the Constitution of Thailand already prohibits torture in principle, and a law or changes in laws to address torture can be made after a period of time. The ALRC urges the Committee to take up this question in its discussions with the State party as a high priority.

(Detailed recommendations are contained within the ALRC's report and supplementary document to the Committee.)

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About ALRC The Asian Legal Resource Centre holds general consultative status with the Economic and Social Council of the United Nations. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia.