Thai Style Human Rights

[Mid]

the following is currently only being carried by the blogworld , when it is picked up by media I'll request this thread be moved to news .

till then please indulge me .

Thai Style Human Rights
Andrew Spooner
Oct. 03 2010

As Prime Minister Abhisit heads to Europe in a further attempt to gloss over Thailand’s increasingly poor human rights reputation, an account outlining torture, beatings and coercion by the Thai Army against Redshirt pro-democracy activists has emerged.

The chilling account (published, exclusively, by Asian Correspondent) in which the two adult victims and an undisclosed male minor (under 18), allege that masked Thai Army soldiers pointed rifles at their heads, beat them, threw petrol and oil over them, choked them until they almost passed out and repeatedly attempted to force them to sign false confessions, portrays a damning indictment of PM Abhisit's worsening human rights' record.

The account, produced by Social Move Assembly (Samatcha Sangcom Gaonar), a Bangkok-based human rights group, states

“The 3men were arrested by soldiers around 9pm on May 16, 2010.

They left the Red Shirts demonstration at Ratchaprasong at around 8pm and first went to fetch their car which was parked at Pratunwan intersection and then drove to Soi Chula 12 (Prayathai Road).

They were heading to Watchaimongkol, Rama I road where one of the men's esidence is.

The two older men were members of an intellectual group that drew most of its support from university students and which backed the Red Shirts’ call for Abhisit’s govt to dissolve parliament.”

The account then states that the 3 men drove to Soi Chula 12 where they were stopped at an army checkpoint.

After getting calmly out of the car they were suddenly surrounded by a large group of up to 20 armed soldiers who began searching them.

“The soldiers seized their cameras and mobile phones and then tied their arms behind their backs.

They were ordered to kneel down and face the wall.”

While kneeling a soldier asked “do you know anything about the Red Shirt demonstration?” , “Who is the core Red Shirt guards?”, “Where the weapons have been hidden?”

The account also alleges that during this interrogation a group of soldiers were pointing guns to the heads of the 3men at all times.

In response to the questioning Mr. Krissana told the soldiers that he didn’t have such information; he was just an ordinary citizen who joined and supported the Red Shirt demonstration.

It is at this point in the account that a masked Thai soldier appears and the questioning takes a decidedly sinister turn.

“Then, after one of the men said he didn’t have such information another soldier with a black mask on came into the room.

The soldier was threatening them by saying if they didn’t tell the truth, he would start choking them.

But the 3 men still insisted they didn’t have such information.

The soldier with the black mask on then started to choke them.

One of the men also added that the solider used 2fingers to choke him and he felt he was struggling to stay conscious.

The other two men were also choked, kicked and soldiers walked on their backs.

This lasted about 45 minutes in total ...and the soldiers also video recorded everything during the interrogation.”

The account goes on to state that another soldier then appeared who the other soldiers saluted as he walked in.

One of the men assumed this soldier was a higher-ranking officer.

The “higher-ranking” officer then soaked the bodies and faces of the 3men in a liquid substance that one of the men assumed was either oil or petrol.

“After [the “higher-ranking” officer] finished, he stepped back from the 3men about 1metre away and then lit the lighter.”

The account at this point makes very uncomfortable reading as it alleges that threats were then issued to the 3men that they would be burned alive if they didn’t provide information required by the soldiers.

Obviously fearing for their lives, the 3men were then forced to sign a confession that they were engaged in violent acts.

The account then states that weapons were then planted among the 3mens’ belongings.

A few days after the arrest, the two adult males, despite protesting their innocence in court, were sentenced to 1years’ imprisonment by the Patum Thani municipal court.

They are currently incarcerated at Klong Prem Prison.

The fate of the minor remains unknown.

(a full version of this account in both English and Thai will be provided soon).

asiancorrespondent.com

[gingsa]

Based on what I observed during that entire protracted mess, the government was to slow to act, the Reds were treated with kids gloves, got embolden and held the nation hostage with thier crazy behavior that cost many lives and tens of millions in damage and lost wages. The red leaders used poor, uneducated folks in a selfish efort to gain power and act out on a world stage. They brought nothing but shame to the nation, thier political parties and themselves.

[Mr Lick]

The account of the incident has some flaws. They were stopped at a checkpoint and searched and then suddenly, without mention they were inside a room where they were being strangled and doused in fuel. No mention in the report of the smell of petrol, oil. Again, try holding a naked flame a metre away from a flammable liquid and see what happens.

I assume that they had a lawyer to represent them in court and that complaints were made at that time in support of the allegations of their treatment, photo's taken of strangulation marks on their necks and bruising on other parts of their bodies where they were supposedly kicked. Weapons planted in their belongings i would have thought could be traced.

Poor reporting or an inaccurate account of the incident portrayed by those who now sit in jail?

[gingsa]

Based on a careful read of this "chilling account", it is my humble opinion that it is a desperate attempt to get released from jail by spinning a false tale of woe.

[taxexile]

I assume that they had a lawyer to represent them in court and that complaints were made at that time in support of the allegations of their treatment, photo's taken of strangulation marks on their necks and bruising on other parts of their bodies where they were supposedly kicked. Weapons planted in their belongings i would have thought could be traced.

i assume that you have very little knowledge of what actually happens when someone is arrested and accused, by a police force or an army not exactly known for doing things by the book ( there probably isnt even a book) especially during a national emergency.

photographs produced in court, tracing of weapons, defendants complaints, due process.

dream on.

these events may have occured, or they may not have occured, im sure certain elements of the army are quite capable of using such tactics and im sure the accused men are also just as capable of making the whole thing up.

in this and so many other of the stories, accusations, plots and sub plots that have emerged since the red rallies, the truth will never be known for sure.

[Mid]

Robert Amsterdam has this from the blogworld ................


Torture Report on Ratchaprasong Protesters
October 5, 2010

**This report has been written by the Social Movement Assembly and sent to me by Mr. Chaiwat Trakanratsanti. Chaiwat told me that Mr. Krissana was questioned by his lawyer during a visit. Chaiwat told me that only relatives with the same last name are allowed to visit them and only on Monday. Krissana’s good friend once tried to visit him and have Krissana’s parents sign a consent form but still his friend wasn’t allowed to see Krissana.**

Mr. Krissana Tanchayaphong, aged 34, and Mr. Surachai Pringphong, aged 19, were arrested by soldiers around 9 p.m. on May 16, 2010. Both of them and an undisclosed male minor (under 18) left the Red Shirts demonstration at Ratchaprasong at around 8 p.m. and first went to fetch their car which was parked at Pratunwan intersection and then they drove to Soi Chula 12 (Prayathai Road). They were heading to Watchaimongkol, Rama I road where Surachai’s residence is.

Surachai and Krissana stated they were members of the Sereepanyachon (Free Intellectuals] group (???????????). Most of its members are university students; the group supported the Red Shirts’ call for Abhisit’s govt to dissolve the parliament. That was the reason why both of them and other friends had joined the Red Shirt demonstration on that day. After members of the group gave speeches on the Ratchaprasong stage, they all dispersed and went home. The unnamed male minor and the two men went home together. When they drove to Soi Chula 12, there was a checkpoint there set up by army. When they first saw the checkpoint, they thought there would be only 4-5 soldiers. Krissana pulled over without any resistance when a soldier asked him to stop.

Krissana stated that when the three of them got out from the car, suddenly they were surrounded by a large group of up to 20 armed soldiers who began searching them. The soldiers seized their cameras and mobile phones as well as tying their arms behind their backs. They were ordered to kneel down and face the wall. While they were kneeling down, they felt that the soldiers were pointing the guns to their heads the entire time but they were too afraid to even turn around and look.

After they had knelt down for a while, one soldier came in and questioned them. The soldier asked “Do you know anything about the Red Shirt demonstration” , “Who is the core Red Shirt guards?”, “Where have the weapons been hidden? ” and he also asked which guards were shooting at soldiers. While they were questioned a group of soldiers were pointing guns to their heads the whole time and were also threatening them that there would be other soldiers coming to question them if they didn’t disclose this information.

Krissana told the soldiers that he didn’t have such information; he was just an ordinary citizen who joined and supported the Red Shirt demonstration.
There was another soldier with a black mask on who came in the room a few second after Krissana said that. The soldier was threatening them by saying if they didn’t tell the truth, he would choke them. But the three of them still insisted they didn’t have such information. Krissana stated that after answering, the soldier with the black mask on started to choke each of them for 30 seconds. Krissana also added that the solider used two fingers to choke him and he had struggled to stay conscious. His two friends were also choked, kicked and their backs were walked on. It was 45 minutes in total that they were questioned and tortured to give out information about the demonstration, and the soldiers also video recorded everything during the interrogation.

Another soldier then appeared whom the other soldiers saluted as he walked in. Mr. Krissana assumed this soldier was a higher-ranking officer. The “higher-ranking” officer then soaked the bodies and faces of the three men in lighter fluid.

After he finished, he stepped back from them, about one metre away, and then lit a lighter. After that the soldiers put fireworks on the back of their shirts and threatened to burn them alive if they didn’t give out the information.

During the interrogation, the soldiers also whipped them and it was really painful for them.

Krissana also added that the soldiers downloading pictures from their cameras and mobile phones to a laptop during the torture and interrogation. In their cameras were pictures of the three of them while they were waiting to give a speech on the Red Shirts stage at Ratchaprason, and also picture of Surachai giving a speech on the Ratchaprasong stage. After the soldiers finished downloading all the pictures, the soldiers shouted to their fellows that the three of them were liars and were associated with the Red Shirts. They were also asked how much they were paid to join the Red Shirt demonstration.

After the three of them were brutally beaten up by the soldiers until they were satisfied, the soldiers handed them a piece of paper to sign. When Surachi and Krissana signed, they didn’t read or want to read that document either since they were fearing for their lives; they were afraid that if they were too slow in signing that paper, they might just be shot dead or disappeared. While they were signing the document, the soldier with the black mask on also threatened to kill and burn them alive if they didn’t confess in front of journalists.

Krissana also noticed that these soldiers didn’t have badges on their uniforms to indentify who they were and what their positions were, therefore he has no idea who these soldiers, whose salaries come from citizen’s pocket, are.

After being threatened and tortured for a while, they were ordered to turn their faces toward the soldiers who were standing in line. They saw the soldiers spreading blanket on the floor and starting placing things on the blanket. Those things were fireworks, lighters, slingshots, catapult ammunitions and a can which smelled of gas.

The soldiers told them that the journalists were being called in and if they said anything differently from what they were told to say, they would be killed and burnt alive.

One of soldier then contacted the journalists and while waiting, they were so afraid that the soldiers would torture them more heavily.

After 10 minutes, 5-6 journalists appeared and when they were interviewed, they said that they had only joined the Red Shirts demonstration.

After the journalists dispersed, the soldiers again threatened them and said that they were in such a pain because they had refused to answer the journalist as they were told. One more time, the soldiers told them to sign another document. They didn’t read the document since they thought it was useless to read and at that moment, they only wished they would come out alive and be sent to a police station as soon as possible.

When police arrived, they were put into police car, and headed off to Pratumwan police station. When they arrived at the police station, about 10 soldiers were there telling the police to write reports according to what was given to them by the soldiers. Krissana stated that the police didn’t ask him a single question. The police just wrote whatever was in the soldier’s report. The three of them were denied the right to see or consult with their legal representative as well as being denied the right to see or even call their relatives.

About 10 soldiers came inside the investigation police office with weapons and told the three of them that they would be killed of they refused to confess.

Krissana also stated that when he arrived to the police station, the investigating officer told him not to be so anxious because he would help him out since there are a lot of us ( he meant Red Shirts) in this police station but Krissana was still denied the right to contact or consult with his relatives or someone who he could trust.

After signing the document, they were sent to the jail at the police station; the cell was very small and the washroom was dirty and smelly. A few people were in there already so including [the three] would [make it] five people. Krissana slept in front of the washroom and used a bottle of water as his pillow. Surachai and Def were sleeping next to them. Surachai and Def said they could only half sleep since they were bitten by mosquitoes all night.

They were all woken up by the police around 4-5 a.m. They were asked to sign a document. They didn’t read document since it was useless and they feared that their families might be harassed and be in trouble.

On May 17, 2010, the police took Surachai and Krissana to Patum Thani municipal court, and unnamed minor was taken to juvenile court.

The Patum Thani municipal court sentenced them to a year in jail on May 17, 2010, which was the same day they were prosecuted. According to the court, the country was in violence state that could possibly harm people’s lives and property, but the two defendants (Krissana and Surachai) did nothing but to violate the laws which worsened the situation. The possessions in dispute that were seized from the defendants that could also be used to create violence were:

1. three knives
2. one slingshot ( with 20 catapult ammunitions)
3. one brassknuckle
4. one fake gun
5. one fake gun
6. one firework
7. one lighter
8. one bottle of gas
9. one mobile phone
10. three cameras.

The two of them were found guilty according to the state decree 2005 section 9 (2) and section 18 along with section 83 of the penal code. They were sentenced to two years in jail but since they confessed, the penalty was reduced to one year.

Krissana and Surichai insisted they didn’t have any weapons as they had been accused by the soldiers, prosecutors and the court.

Their cases are now in the appeals court. They both were denied bail because the court said that they might commit another crime and run away.

They both want to be released and also insist that they are not guilty of what they’ve been are accused of, even though they had confessed in the court. They said people do have rights to join demonstrations.

They are now imprisoned in Section 8 of Klong Prem prison along with seven other Red Shirts they had not know before. All of them are charged with state decree violations.

Since they have been imprisoned there, only relatives with same last name have been allowed to visit and they can only be visited on Mondays.

Visitors with a different last name are allowed to visit them only when their relatives with same last name sign a consent form.

They said due to the draconian regulations of visiting, they had started to write letters to their friends. Those who believe in justice and are not able to be with them, please write to them at:

Klong Prem Prison ( section
33/2 Ngamwongwan Road.
Ladyao Chatuchuchak district.
Bangkok 10900

1. Mr. Krissana Tanchayaphong (???????? ?????????)
2. Mr. Surachai Pringphong (?????????? ?????????)
3. Mr. Sawang Jongganya (??????? ???????)
4. Mr. Witsanu Kamonman (???????? ??????)
5. Mr. Apiwat Kerdnok (??????????? ???????)
6. Mr. Amnoy Chaisansuk (???????? ?????????)
7. Mr. Prayoon Sutapinit (????????? ????????)
8. Mr. Sommai Intanaka (????????? ????????)
9. Mr. Eakkasit Manngam (???????????? ???????)

robertamsterdam.com

[Mr Lick]

Quote: I assume that you have very little knowledge of what actually happens when someone is arrested and accused, by a police force or an army not exactly known for doing things by the book ( there probably isnt even a book) especially during a national emergency. photographs produced in court, tracing of weapons, defendants complaints, due process. dream on.

I don't doubt that you are correct in your analysis, however, signing confessions, albeit under alleged duress, allowed the army/police to skip due process.

Given the circumstances i hope that they will get their day in the appeals court soon.

If as reported, they were in possession of knives, slingshot, brassknuckle, fake guns at a time when emergency powers were being enforced then they, as individuals, may need to examine the company they are keeping.

[Mid]

Emergency Decree convicts cry out from prison
Sat, 09/10/2010

Two protesters convicted to one year in jail under the Emergency Decree during the government crackdown in May try to make their voices heard through a group of activists called ‘Social Move’.

The group has raised their story to call attention to the plight of numerous unknown victims of the Emergency Decree held in prison.

Krishna Thanchayapong, 34, and Surachai Phringpong, 19, members of a student activist group called the Free Intellectuals Group, were arrested by the military on 16 May at about 9 pm while they were driving from the red-shirt rally site at Ratchaprasong intersection to Surachai’s home on Rama I Rd.

They told Social Move that after their group had delivered a speech that day on the Ratchaprasong stage, they split up to go home. Both of them, together with a younger friend, Dave Saharat, were stopped at a military checkpoint at Soi Chula 12. They remember that they saw about 4-5 troops there.

Krishna, the driver, said that when all three got out of the car, about 20 military troops suddenly surrounded them and searched them, seizing their mobile phones and cameras. The troops tied their hands behind their backs and forced them to face a wall and kneel down. During that time, they felt that guns were pointed at them, so they did not dare look round.

After a while, a military officer asked them what they knew about ‘the mob’, who the key red-shirt guards were, where weapons were hidden, and which red-shirt guards had fought the military with weapons. All the while, they were questioned at gunpoint.

Krishna told them that he did not know what they were asking, and he was just a demonstrator sympathetic to the cause of the red shirts.

Less than a minute later, a hooded military officer appeared and threatened that if they did not tell the truth, they would be strangled to death. They, however, did not provide the answers which the military wanted. So the troops strangled them. According to Krishna, they were also kicked and trampled on their backs. The physical abuse went on for about 45 minutes, all filmed by a military photographer.

Afterwards, a military officer appeared whom Krishna assumed to be their commander, as the other soldiers saluted him.

The officer poured Ronson lighter fuel on their heads and faces, stepped back about one metre from them, and lit a lighter. With the lit lighter, he tucked fireworks in their backs, and threatened to set fire to them if they did not provide information.

Meanwhile, they were whipped with a rope, and data from their mobile phone cameras was loaded onto the soldiers’ notebook computer. This included photos of them taken when they were waiting to go on the red-shirt stage at Ratchaprasong and of Surachai when he was giving his speech. When the soldiers saw the photos, they accused them of lying, and shouted to their comrades that the three of them were involved with the red shirts, and asked them how much they had been paid.

After the soldiers were satisfied with the beating given to them, they were given papers to sign. Krishna and Surachai did not read the content as they feared being shot or disappeared if they were too slow. The hooded soldier threatened that if they did not confess in front of the press, they would be killed.

Krishna then noticed that the soldiers were not displaying any name tags or ranks.

Later, they were ordered to turn and look toward soldiers forming a line. They saw the soldiers place several items on a piece of cloth on the ground including fireworks, cigarette lighters, slingshots, pellets and fuel bottles.

The soldiers told them that the press would be called, and if they did not confess in front of the press, or said anything different from what they were instructed to say, they would be killed.

About 10 minutes later, about 5-6 reporters arrived, and Krishna told them just that they had come to join the red-shirt rally.

After the reporters left, the soldiers told them that they were asking for trouble for lying to them and not answering the reporters as they had been told to do. They were forced to sign another set of papers, which they again signed without reading as they thought that it was futile and they wanted to be sent to the police immediately so they could survive.

The police came and they were taken to Pathumwan Police Station in a police detention vehicle. About 10 soldiers followed them there and told police to make a report as the soldiers dictated it. Krishna said that the police did not interrogate them at all, but just copied what had been written by the soldiers. They were denied the right to contact a lawyer or family members.

The armed soldiers again threatened that if they did not confess, they would not spare them.

Krishna said that when they arrived at the police station, the duty officer told them not to worry as there were many red-shirt police at the station, but in the end they could not contact their families.

After they had signed papers, the police put them in a small cell inside the station, with a smelly toilet. They stayed there with two other men. Krishna lay down in front of the toilet, with an empty water bottle as a pillow.

Surachai and Dave lay next to him. They hardly slept, because of the clouds of mosquitoes.

The police woke them at about 4-5 am to sign more papers. Drowsy, they again signed without reading them as they thought it would make no difference.

In the morning, the police took Surachai and Krishna to Pathumwan District Court. Dave was a minor, so he was taken to the Juvenile Court.

At the District Court, the indictment was read out and they confessed, as they had no one to consult, and were afraid as a result of the soldiers’ intimidation.

The District Court ruled that day that they had violated Section 9 (2) (4) of the Emergency Decree, which prohibits assembly and use of public roads, and Section 83 of the Penal Code for conspiring to commit a crime. They were sentenced, according to Section 18 of the Emergency Decree to two years’ imprisonment, and as they had pleaded guilty, the sentence was commuted to one year.

The court cited a list of items which were claimed to have been seized from them, including 3 knives, a slingshot with 20 metal pellets, a brass knuckle, makeshift guns, a firework, a lighter, a bottle of gasoline, a mobile phone, and 3 cameras.

They insisted that they had no such things.

Their case is now on appeal. Their bail requests have been denied by the District Court which claimed that they might jump bail and commit more crimes.

They are currently detained in Zone 8 of Khlong Prem Prison with other 7 red shirts who were also accused of violating the Emergency Decree.

The prison allows only family members to visit them. Others can visit only when a family member signs to endorse them as relatives. And visits are allowed only on Tuesdays.

Source:
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prachatai.com

[nevets]

You farang seem to think of Thailand's police and army methods the same as the west but iam sure they moor favor the ways of the gestapo in Germany . This is a country with no western morals and will due what ever it wants to get there version of the truth.

[Mid]

This is a country with no western morals and will due what ever it wants to get there version of the truth.

an unpalatable notion for a lot

[Mr Lick]

This is a country with no western morals and will due what ever it wants to get there version of the truth.

Some would say that the UK police force were adopting similar practices when 'Judge's Rules' were extant prior to the introduction of the Police & Criminal Evidence Act in 1984.
I also believe that 'waterboarding' has also been used by security services in the 'civilised west' in recent years in order to extract a confession/information

It's not so much morals as i personally know of some law enforcers in the west who would dearly love to give a few young offenders 'a clip round the ear' and possibly more. IMO it's more to do with accountability.

In more developed country's we have recently witnessed what can occur when law enforcers exceed their powers. They serve custodial sentences and quite correctly lose there jobs.

Unfortunately, there is currently a very large 'No Entry' sign standing at the entrance of 'Accountabilty Street' in Thailand.
The quite amazing Thai judiciary declaration, a couple of years ago, that service personnel were 'only doing their jobs' when citizens suffocated whilst stacked in the rear of army trucks and transported around the country, i believe conveys the existence of such.

I doubt whether things will change here in my lifetime.

[sabang]

There is no freedom of speech, or human rights in Thailand.
Such a condition only applies in a society when, by definition, said freedoms are applicable to all and equally.
Similarly, there is no justice system in Thailand for the same reasons.

Noam Chomsky- "if we do not believe in freedom of speech for those we despise, we do not believe in freedom of speech at all".