UN asked to seek lifting of emergency

http://www.bangkokpost.com/breakingn...emergency-rule


UN asked to seek lifting of emergency

• Published: 2/07/2010 at 05:35 PM
• Online news: Breakingnews

The Asian Human Rights Commission has called on the new president of the UN Human Rights Council, Thai ambassador to Geneva Sihasak Phuangketkeow, to demand that the Thai government end the use of the emergency decree.


Basil Fernando, director of the Hong Kong-based NGO, said in an open letter to the t council president that renewing the decree would effectively violate Thailand's obligations under Article 4 of the International Covenant on Civil and Political Rights.

The ICCPR stipulates that measures under a state of emergency should be limited to an "extent strictly required by the exigencies of the situation". As the exigencies no longer necessitate the imposition of an emergency, it ought to be lifted at once, Mr Fernando said.

He reminded Mr Sihasak of the findings of the UN Human Rights Committee, which monitors state parties' compliance with the covenant, concerning states of emergency in Thailand:

The previous committee report said it was concerned that Thailand’s emergency decree "does not explicitly specify, or place sufficient limits, on the derogations from the rights protected by the covenant that may be made in emergencies, and does not guarantee full implementation of article 4 of the covenant”.
The decree, the UN Human Rights Committee said, provided for officials enforcing the state of emergency to be exempt from legal and disciplinary action, thus exacerbating the problem of impunity.

Detention without external safeguards beyond 48 hours should also be prohibited, the AHRC said.

Mr Fernando concluded that since there had been no amendment to the contents of the decree or its management in the period since the Ccmmittee gave its opinions, its imposition in its current form was also possibly a violation of Thailand's obligations under international law.

“We call upon you to make explicit statements for the release of all persons who have been detained under the emergency decree who have not been charged with criminal offences, and for the guarantee of full legal rights to others who have been detained, including for access to attorneys and relatives, to have charges heard in open court; and, to be released on bail pending the outcomes of cases or where courts have ample grounds to order continued detention, for detention in official facilities, free from torture or cruel or inhuman treatment, and accessible to independent agencies to monitor and record the conditions of detention, among them the International Committee of the Red Cross,” said the AHRC.

The letter was also sent to Homayoun Alizadeh, Regional OHCR Representative in Bangkok, El Hadji Malick Sow, Chairperson-Rapporteur, UN Working Group on Arbitrary Detention, and Manfred Nowak, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

PM denies using Emergency Decree to strain the opposition
Sarun Saelee

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BANGKOK, 4 July 2010 (NNT) – Prime Minister Abhisit Vejjajiva has denied imposing the state of emergency to put pressure on the opposition side, amid concerns expressed by both national and international organizations.

In response to a call by human rights groups, both Thai and foreign, for the revocation of the state of emergency, Prime Minister Abhisit said he deemed the request as normal because everyone would like to see the situation within the society return to normalcy.

The prime minister continued to say that all sides could raise the problem to the government’s attention whenever any human rights violation was found.

The cabinet will draw conclusion on whether to extend the emergency decree at the upcoming meeting on Tuesday. The Center for the Resolution of Emergency Situation will evaluate and conclude by 5 July 2010 if the special law should be extended or partially revoked.

The state of emergency remains effective in 24 provinces nationwide, including Bangkok and will expire on 7 July 2010.

Earlier, Asian Human Rights Commission CEO, Basil Fernando, filed a letter to Mr Sihasak Phuangketkeow, the newly elected president of the UN Human Rights Commission, requesting him to order the Thai government to scrap the security law in all provinces of Thailand, including the restive south.

Similar to the international commission, Prof Dr Amara Pongsapich, the chairperson of the National Human Rights Commission questioned the government for the reason to keep the special law in effect and called on the government to have the special law revoked.

thainews.prd.go.th

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Originally Posted by Mid

The state of emergency remains effective in 24 provinces nationwide, including Bangkok and will expire on 7 July 2010.

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I wouldn't hold my breath. DD, we need a smilie that is blue in the face from holding it breath for too long. :)

What a brilliant move that will turn out to be in putting Thailand in as the President of the UN human Rights Councill.
Caused some headscratching when it happened, but what tremendous foresight.

Typical thai, fell for that one.
Hoisted by their own petard.

Bangkok Poll: 62% want decree lifted
6/07/2010

A majority of people in Bangkok want the emergency decree lifted, according to the latest survey by the Research Institute of Bangkok University's Bangkok Poll.

The study involved 1,146 respondents over 18 years of age in Bangkok.

The pollsters reported that 62.5 per cent said the state of emergency in the capital should be revoked, while 37.5 per cent supported its continued use.

On the risks of living in Bangkok, respondents gave an average score of 5.94 points out of 10. The higher the score, the greater the risk. The average score in April was 0.52 points lower.

Politics topped the risk ratings while family relations received the lowest score.

To reduce the risks, most polled people wanted the government to seriously promote national reconciliation -- 22.3 per cent said all sides should promote reconciliation by stopping support for media that promote social divisions; 20. 3 per cent said the government should solve problems concerning people's well-being and cost of living; 17.2 per cent said the government needed to solve the problem of heavy traffic congestion and improve public transport.

The government invoked emergency rule on April 7 to deal with the anti-government protests. The cabinet today decided to lift the state of emergency in five provinces, but renewed it in Bangkok and 18 other provinces for another three months.

bangkokpost.com

Emergency decree lifted in 5 provinces
6/07/2010

The cabinet on Tuesday decided to lift the emergency decree in five provinces and renew it for another three months in Bangkok and 18 other provinces, deputy government spokesman Supachai Jaisamut said.

The Centre for the Resolution of the Emergency Situation (CRES) on Monday night agreed to recommend use of the decree be renewed in all 24 provinces.

The decree was invoked on April 7, about three weeks after the red-shirts of the United Front for Democracy against Dictatorship (UDD) began their protest in Bangkok.

Mr Supachai said the cabinet decided not to renew the decree in Si Sa Ket, Kalasin, Nan, Nakhon Sawan and Nakhon Pathom. The National Security Council was of the opinion that the situation in these provinces had been resolved and that the decree could be reinstated there if the red shirts renewed their anti-government activities.

The provinces where the emergency decree is still in force are:

- Bangkok, Nonthaburi, Samut Prakan, Pathum Thani, Ayutthaya and Chon Buri in the Central Region;

- Chiang Mai, Chiang Rai and Lampang in the North; and

- Khon Kaen, Udon Thani, Chaiyaphum, Nakhon Ratchasima, Ubon Ratchathani, Maha Sarakham, Roi-et, Nong Bua Lamphu, Sakon Nakhon and Mukdahan in the Northeast.

Prime Minister's Office Minister Ong-art Klampaiboon Prime Minister Abhisit Vejjajiva had proposed that the decree be lifted in the five provinces where the situation was reported to have improved and government officials had cooperated with the government. His proposal was based on the NSC's opinion.

Most of the cabinet members initially agreed with Deputy Prime Minister Suthep Thaugsuban, who wanted use of the decree to be extended in all 24 provinces.

"Mr Suthep was of the opinion that the decree should be extended in all of the 24 provinces and most of the other cabinet members supported him.

"However, the prime minister said he would like to propose in the name of the minority that the decree be lifted in provinces where problems have been resolved. After listening to his reasoning, the cabinet did not object to his proposal," Mr Ong-art said.

bangkokpost.com

Panel asked to probe emergency
6/07/2010

The June 24 Democratic Group on Tuesday afternoon submitted a petition to the chairman of the House of Representatives committee on law, justice and human rights, Pracha Prasopdee, asking that it examine whether the use of the emergency decree violates the people’s freedom.

“The state of emergency was extended because the government wants to restrict the freedom of the people, to block the truth about the recent killing of people from reaching the general public and to destroy its political enemy,” Somyos Plueksakasemsuk, a June 24 Democratic Group co-leader, said afterwards.

Mr Somyos called on the house panel to probe the use of emergency rule and to pressure the government to lift the state of emergency and return peace to the country.

He said it was a shame that most MPs have turned a blind eye to the use of the special law and called on MPs to perform their duty and push for the lifting of the state of emergency, the release of Sombat Boonngam-ong, director of Mirror Foundation, and the revocation off the arrest warrant for Wasant Sairassamee, an official of a rescue unit who disclosed the truth about the death of six red-shirts inside Wat Pathumwanaram.

The group will on July 12 submit a letter to the US embassy expressing its opposition to the US House of Representatives' resolution supporting the government’s reconciliation roadmap, he said.

Mr Somyos described the national reconciliation plan as a ploy to deceive the people. The truth is that the government is still hunting down core leaders of the United Front for Democracy against Dictatorship, he said.

“The continuation of emergency law is for the purpose of putting pressure on the red-shirts,” he said.

After the news conference, Mr Somyos handed Mr Pracha a red box containing an alarm clock - a gift to the House of Representatives. It was a symbolic wakeup call for all MPs to join forces to call for the lifting of state of emergency, he said.

Mr Pracha said his panel will meet on Wednesday to discuss the petition. He will askt that the committee resolve to invite the prime minister and the head of the Centre for the Resolution of the Emergency Situation to provide information to the panel.

bangkokpost.com

Army chief supports decree's extension
6/07/2010

Extending the declaration of the state of emergency in Bangkok and 23 other provinces will help both the economic and social sectors, national army chief Anupong Paojinda said on Tuesday.

Gen Anupong said the Centre for the Resolution of the Emergency Situation (CRES) wants the government to continue enforcing the emergency decree so authorities can ensure security and deal with potential unrest, but the decision rests with the cabinet.

The army chief said he and his deputy, Gen Prayuth Chan-ocha, visited the three southern border provinces today and were brieded on the many bomb attacks in the region lately.

He said he will assess the army's performance and the intelligence measures in the restive South.

bangkokpost.com

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Originally Posted by Mid

renew it for another three months in Bangkok and 18 other provinces

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These lot are absolute scum of the highest order...

Cabinet extends emergency rule in 19 provinces including Bangkok
วันอังคาร ที่ 06 ก.ค. 2553

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BANGKOK, July 6 - The Cabinet extended the State of Emergency in 19 provinces including the capital for another three months while revoking
the law in five other provinces.

The five provinces where the decree is lifted are Si Sa Ket, Nan, Nakhon Sawan, Nakhon Pathom and Kalasin, said Minister attached to the Prime Minister's Office Ongart Klampaiboon.

He said if any violence erupts, the internal security act will be put in place to handle it.

The government invoked the state of emergency in Bangkok and some 23 Red-active provinces in the North and Northeast due to rising political
disorder April.

The law bans public gatherings of more than five people and givies security forces the right to detain suspects for 30 days without charges being filed.

The Centre for the Resolution ofor the Emergency Situation (CRES) earlier said the emergency decree will be lifted immediately if the agency's situation assessment confirms the country is now safe, as the centre has no intention to prolong the enforcement of the special law.

The emergency decree remains in place as the government said that the overall situation remains unreliable.

mcot.net

The 3 month extension to the Emergency Rule has just been announced on the BBC news in the UK, that'l help the tourist confidence !

Thailand: The Limits Of A State Of Emergency
Tuesday, 6 July 2010

Press Release: Asian Human Rights Commission

The government of Thailand claims to be complying with the International Covenant on Civil and Political Rights in its application of the Emergency Decree on Public Administration in Emergency Situations, B.E. 2548 (2005) in response to the recent protests in Bangkok, which is today, 6 July 2010, coming up for renewal.

The Asian Human Rights Commission has in a previous statement pointed out that in fact the government's rationale for the imposition of the state of emergency does not meet the minimum requirement of the Covenant that the life of the entire nation be in danger, and that certain specific terms of the Emergency Decree are clearly--and in the opinion of the committee that monitors compliance with the treaty--in breach of its provisions (AHRC-STM-139-2010).

There is yet another aspect of the current imposition of the Emergency Decree that is in violation of the Covenant, as explained by the United Nations Human Rights Committee:

"A fundamental requirement for any measures derogating from the Covenant, as set forth in article 4, paragraph 1, is that such measures are limited to the extent strictly required by the exigencies of the situation.

This requirement relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation resorted to because of the emergency" (General Comment No. 29, CCPR/C/21/Rev.1/Add.11, 31 August 2001, para. 4).

Any departures from the Covenant under a state of emergency must not only be justified by exceptional circumstances but must also be temporary.

Once the immediate threat has passed that led to the emergency being imposed, it must be lifted. As the UN Special Rapporteur on the independence of judges and lawyers explained in his 2007 annual report to the Human Rights Council,

"The principle of temporality implies a close connection between the duration of the state of emergency and the circumstance that gave rise to its introduction. Through violation of the principle of temporality states of emergency become permanent in nature, as a result of which the executive holds extraordinary powers" (A/HRC/4/25, 18 January 2007, para. 43).

According to the government of Thailand, conditions in the country have now largely returned to normal. There are no more protests or violence on the streets of the sort that led to the imposition of the Emergency Decree across 24 provinces in the centre, north and northeast of the country. The Ministry of Foreign Affairs in a statement on its website of 29 June 2010 describes the "Government and Parliament discharging their normal functions" and life as going on as usual in areas under the state of emergency. The only justification that it offers for the continued application of the decree is "to prevent possible violent or unlawful activities".

The justification for continued imposition of a state of emergency to prevent possible further future violence is under international law no justification at all. On the contrary, it is a precipitant of precisely that situation about which the Special Rapporteur warns, in which the principle of temporality is violated to allow for the state of emergency to extend beyond the exigencies of the situation.

Implicit in the preventive pretext is the notion of an indefinite state of emergency. Since the prospect of violence and unlawful activity exists in any society--and especially in one where the legitimacy of electoral processes has collapsed--practically any government can at practically any time conceivably use this excuse to curtail basic human rights, including those under the Covenant.

If the government of Thailand today opts to renew the Emergency Decree then it will not only be doing a grave disservice to the people and institutions of Thailand, but it will also be stepping clearly beyond the limits of the principle of temporality and into further breach of international law. This is a step that once taken will not be easily reversed. It is a step that it must not take.

The Asian Human Rights Commission therefore once again unequivocally calls on the government of Thailand not to renew the Emergency Decree, to release all persons being held under its provisions, and to comply fully and in fact--not merely in rhetorical commitment to principle--with the terms of the International Covenant on Civil and Political Rights in the handling of all cases of persons accused of criminal offences in connection with events of the last few months.

ENDS

scoop.co.nz

Thailand: Decree Makes Impunity Official Policy
Tuesday, 6 July 2010

Press Release: Asian Human Rights Commission

In an announcement dated 29 June 2010 posted on its website, the Ministry of Foreign Affairs, Thailand responding to an open letter of the Asian Human Rights Commission (AHRC) on the reported shackling of detainees under the state of emergency imposed via the Emergency Decree on Public Administration in Emergency Situations, B.E. 2548 (2005) wrote that,

"The fundamental human rights of those arrested during the protests by the United Front for Democracy against Dictatorship (UDD) have been fully respected in accordance with the Thai Constitution and within the parameters of the International Covenant on Civil and Political Rights (ICCPR) and other relevant international human rights instruments to which Thailand is a party. Indeed, the Emergency Decree contains various safeguards that prevent any arbitrary actions by state officers."

This statement is remarkable, because in fact the Emergency Decree has been written both to guarantee state officers impunity for arbitrary actions, and to place actions under its auspices firmly outside the parameters of the ICCPR.

This has been the opinion not only of the AHRC since the decree was introduced in 2005, but also of United Nations experts who monitor compliance with international law. In a recent open letter to the new president of the UN Human Rights Council, the AHRC pointed to the findings on the decree of the UN Human Rights Committee, which is responsible for reviewing state parties' human rights records in terms of the ICCPR:

"The Committee is concerned that the Emergency Decree on Government Administration in States of Emergency which came into immediate effect on 16 July 2005... does not explicitly specify, or place sufficient limits, on the derogations from the rights protected by the Covenant that may be made in emergencies and does not guarantee full implementation of article 4 of the Covenant. It is especially concerned that the Decree provides for officials enforcing the state of emergency to be exempt from legal and disciplinary actions, thus exacerbating the problem of impunity. Detention without external safeguards beyond 48 hours should be prohibited (art. 4). The State party should ensure that all the requirements of article 4 of the Covenant are complied with in its law and practice, including the prohibition of derogation from the rights listed in its paragraph 2. In this regard, the Committee draws the attention of the State party to its general comment No. 29..." (CCRP.C O.84, 8 July 2005, para. 13)

General Comment No. 29 interprets aspects of article 4, which allows countries to derogate from their human rights obligations under the Covenant in certain specific circumstances. Among them, it points to the requirement that "the situation must amount to a public emergency which threatens the life of the nation", underscoring that, "Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1" (CCPR/C/21/Rev.1/Add.11, 24 July 2001, para. 2, 3). The UN Special Rapporteur on the independence of judges and lawyers has explained that for this criterion to be met, the situation must consist of "an exceptional danger, current or imminent, real and specific, which affects the entire nation to the extent that the measures for restricting or limiting rights allowed under normal circumstances are clearly inadequate" (A/HRC/4/25, 18 January 2007, para. 44).

It is doubtful that the protests in Bangkok against which the state of emergency was invoked meet this criterion. Certainly they were threatening to the life of the government towards which they were directed; however, there is no evidence that the life of the entire nation was in any way at risk, and therefore the justification for the present state of emergency under article 4 is at best tenuous. In any event, the government of Thailand has never taken any discernible steps in response to the recommendations of the Human Rights Committee concerning aspects of the Emergency Decree that are not in compliance with the ICCPR. Therefore, for the foreign ministry to claim that it is working within the parameters of the ICCPR through the Emergency Decree is patently false.

The committee's recommendation to the government of Thailand concerning article 4 and the Emergency Decree was carefully noted by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, who on 18 July 2006 issued a press release calling on it "to repeal emergency regulations that violate human rights law". Studying the application of the Emergency Decree in the three southernmost provinces, where it has been in effect since 2005, the Special Rapporteur noted that the government had "failed to act on previous calls to bring its emergency regulations into compliance with human rights law" and that,

"The emergency decree makes it possible for soldiers and police officers get away with murder… Impunity for violence committed by the security forces has been an ongoing problem in Thailand, but the emergency decree has gone even further and makes impunity look like the official policy."

Again, there has been no discernible response or change in official policy concerning use of the decree since the time that the Special Rapporteur made this statement, and his analysis stands, as does his request to be able to make an official visit to Thailand, which has been pending for over five years.

The contents of the foreign ministry's communiqué speak not to the reality of the situation in Thailand but to the ministry's role as a propagandist. It could only issue this statement by completely ignoring the findings and recommendations of successive United Nations mandate holders. In this it is at least being consistent with the policy of the government of Thailand for most of the last decade, which has been to disregard virtually all international human rights standards and mechanisms.

The continued enforcement of the Emergency Decree will contribute not to the security of the people of Thailand but only to the continued decline in protections for their human rights and correspondingly, to the decline in respect for the law and for the institutions of government and justice in that country.

The Asian Human Rights Commission therefore categorically rejects the ministry's characterization of the Emergency Decree as being in accordance with international law, and calls for the cabinet and prime minister not to renew the decree when it comes up for renewal tomorrow, 6 July 2010.

ENDS

scoop.co.nz

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Originally Posted by Mid

The contents of the foreign ministry's communiqué speak not to the reality of the situation in Thailand but to the ministry's role as a propagandist.

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Originally Posted by Mid

The Asian Human Rights Commission has in a previous statement pointed out that in fact the government's rationale for the imposition of the state of emergency does not meet the minimum requirement of the Covenant that the life of the entire nation be in danger..

scoop.co.nz

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THEIR nation is in danger...A nation of patronistic inter-family military-bureaucracy-aristocrat-guanxi is in danger. To them there IS NO OTHER NATION. So in that respect, they feel they've met their obligations.

:mid:

Stark warnings over Thai emergency laws
Page last updated at 13:08 GMT, Tuesday, 6 July 2010 14:08 UK
BBC News - Stark warnings over Thai emergency laws
By Alastair Leithead
BBC News, Bangkok

With a state of emergency extended, there have been suggestions that underground groups are getting prepared to use violence in Thailand.

The details are unspecific and hard to verify, but pose a stark warning for the government to act with caution.

A "red-shirt" security guard during the protest in Bangkok city centre, who has been in hiding since the army ended the demonstrations six weeks ago, has told the BBC he has been asked to join an organisation training to make bombs.

"We have been approached by two or three groups who used violence during the protest and shot at soldiers," he said, over the telephone from an unknown location.

"They said they are operating underground and would like us to join them but we are waiting for now.

"I understand from the discussions among these groups that there will be bombs. There are 30 to 40 people being trained in how to use petrol to make a big explosion."

Most protesters on the streets of Bangkok from March to May were peaceful, but there was a violent element responsible for firing grenades and automatic weapons at soldiers and police.
There have been a number of small blasts in the last week, but it is not known who is responsible. A grenade attack on an empty gas storage vessel in Bangkok is suspected to have been carried out by serving troops.

'No more instability'

Fears over security was the reason given by the Thai government for extending a State of Emergency in Bangkok and 18 other provinces for another three months.

Five provinces previously under the Emergency Decree, which gives security forces extra powers, had the laws relaxed.

A recent report from the International Crisis Group recommended the government remove these laws, described as "draconian", across the whole country in order to prevent forcing opposition underground.

It also called on protest leaders to have charges of terrorism dropped in order to achieve effective reconciliation.

Ahead of the cabinet decision, Prime Minister Abhisit Vejjajiva told the BBC: "There will be a gradual lifting of the state of emergency in the various provinces.

"We need to restore order, the last thing we need now is a repeat of violence or clashes," he said.

"We will do all we can to get back to normalcy as soon as possible. The last thing the country wants now is more instability."

The account from the unnamed former red-shirt security worker suggests the government has reason to worry about the threat of violence, but Thitinan Pongsudhirak, director of the Institute of Security and International Studies at Chulalongkorn University in Bangkok, disagrees.

"The continued imposition of the State of Emergency is alarming, it violates basic civil liberties," he said, speaking before the cabinet decision.

"It is being used increasingly as a political instrument of the government and the powers-that-be in Thailand to maintain control, to try to put a lid on the opposition, to stifle dissent.
"It will not allow space for dissent, disagreements and grievances to be expressed. If those exist they will be pent up and when they have a chance to come back they will be much more furious than we have seen."

'Repressed'

Opposition media has also been silenced in much of north-eastern Thailand, where the red-shirt movement originates.
It is here the former Prime Minister Thaksin Shinawatra focused his spending efforts and gained popular support while in power.

He is seen as a hero by many poorer people who gained from his populist policies of cheap healthcare and credit, but treated as a manipulative and corrupt leader by his opponents, who removed him from power in a coup in 2006. He has been convicted of abuse of power while in office.
Thaksin is blamed by the government for funding and encouraging the anti-government rallies in Bangkok and the efforts to force the current prime minister to stand down.
Many of the community radio and TV stations which were platforms for the anti-government red-shirt message have been shut down by the government and there is anger among people there who feel they have been silenced.

Samyos Phruksakasemsuk is an activist who produced a magazine called Voice of Thaksin, which was also banned, and has recently brought out a new publication called Red Power.
He expects it to be banned as well, but warned the government: "People feel repressed as they can't voice their opinions openly, so the fear is they will go underground and there'll be more violence."

Mr Abhisit said more space would be provided for opposition media.

"The stations closed have been involved in incitement of violence. That's not something I think the country can afford."

A number of commissions have been set up to look at national, constitutional and media reform, as well as a truth inquiry to establish exactly what happened during the protests. He says reconciliation is a priority.

But the red-shirt security guard sent a stark warning.
"What happens depends on what the government does against us. How much pressure they put on us and how patient we will be.

"I don't want anything to happen to our country, but when that day comes it might not be as we hope - the violence will be double what we have seen in the past."
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The yellow appologists are so pathetic.

Of course thier ignorance will drive this country beyond the brink; was always gonna blow up in their smug faces - just like they seemingly want it to...

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Originally Posted by Mid

The provinces where the emergency decree is still in force are

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Originally Posted by Mid

Roi-et

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Nothing but a load of political bollocks. There was absolutely no reason to invoke the decree in the first place. Not one incident of "terrorism" before, during or after the UDD demonstrations.

The only reason for leaving Roiet on the emergency decree list is because it has strong PTP support. Looks like the only way to have the decree lifted is to have MPs "cooperate" with the government's plan to eliminate all opposition or dissenting voices.