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(Hong Kong, 21 August 2003) - The extrajudical killings of over 2000 alleged drug dealers in Thailand earlier this year are the subject of a new report released by the Asian Legal Resource Centre today.
The report's introduction states, "In implementing this campaign the Thai Prime Minister created a special category of persons, alleged drug dealers, for whom any pretence of ordinary criminal procedure was abandoned." As a consequence, these persons were denied the presumption of innocence and provision for equality before the law, in violation of both the Thai Constitution and also the International Covenant on Civil and Political Rights.
The 44-page special report, published in article 2 (vol. 2, no. 3), has been released out of concern that the consequences of this "war on drugs" have not been adequately considered. During February to April 2003, the Thai Prime Minister's campaign was widely reported in the international media, however little attention has been paid to the long-term effects of complicity in murder by the Thai state.The Executive Director of the Asian Legal Resource Centre, Basil Fernando, notes in the report that among the consequences are likely to be a growth in corruption, loss of organizational integrity, deepening cynicism and dramatic undermining of newly-founded institutions in the country such as the National Human Rights Commission.
Fernando adds, "When a newly emerging democracy such as Thailand allows extrajudicial killings to occur, in fact it is reviving old practices where punishments were meted out at the wish of the rulers without any references to limits imposed by law and morality. Such practices were there for centuries and are part of the people's psyche. The principles of rule of law introduced by constitutions have only a short history. Any hope of their internalization by people in a society is seriously interrupted by the reintroduction of old practices. This has a tremendously negative impact on democratization. Only those who oppose democratization benefit when such an abrupt reintroduction of old practices takes place. It may be said that with such large-scale extrajudicial killings, Thailand has been pushed many steps backwards."
The report concludes by observing that after a profound crisis hits the law enforcement and administrative organs of a country, it can be difficult to find a way forward, however certain agencies and persons are beholden to respond. In Thailand these include the National Human Rights Commission, the Ministry of Justice, the United Nations, and, above all, Thai citizens, including lawyers, doctors, human rights advocates, victims and their relatives. These persons "must be prepared to act in the face of government threats, and unchallenged assumptions that the vast majority of Thai citizens have been swayed by the propaganda that accompanied this campaign", the report states.
The report contains background, information and commentary on the killings, as well as unofficial translations of the Prime Minister's orders that began the campaign. It is available online at the article 2 homepage, http://www.article2.org. Printed copies may be obtained on request.
Asian Legal Resource Centre -ALRC, Hong Kong
Posted on 2003-09-08
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