Mixed reactions to Kanit panel
6/07/2010
The independent commission on the death and violence during the red-shirt protest, whose membership list was endorsed by the cabinet Tuesday, has received a mixed reaction, with scepticism it could ever establish the truth buried in the political crisis that ended with 89 deaths and a couple of thousand other people injured.
It is headed by former top prosecutor Kanit Na Nakorn, who chaired the Surayud administration’s panel investigating drug-related extrajudicial killings during Thaksin period. The eight other members in his panel comprise two human rights activists, one senior journalist, two doctors, two academics and permanent secretary of justice Kittipong Kittiyaraks.
Mr Kanit had approached a few senior judges to join his truth panel, but they turned him down for various reasons, judicial sources said.
Mr Kittipong convinced his former student Jutarat Uer-amnuay from Chulalongkorn University’s faculty of political science, an expert on retroactive justice and rehabilitation in a post crisis, to sit on the panel.
Associate professor Dr Ronachai Kongsakon, a member of the Royal College of Psychiatrists and Ramathibodi Hospital deputy director, and assistant professor of pediatrics Dr Surachai Likasitwatanakul, from Siriraj Hospital also sit on the committee.
Manich Sooksomchitra, senior editor of Thai Rat newspaper and chairman of the Thai Media Development Foundation, Somchai Homla-or, president of the Human Rights and Development Foundation, and Phairoj Pholphet, secretary-general of the Union for Civil Liberty, are also panelists.
Mr Somchai said he had faith in Mr Kanit’s integrity and hoped to work towards national reconciliation, however the committee had yet to discuss the scope of its work.
“Basically, we will try to avoid duplicating the work of other law enforcers and try to fill the gaps.
"Certainly, foreign experiences must be learned, how they came about truth and a reconciliation process.
"The South Africa model is one example, but there are others too and it does not mean it is totally applicable to the Thai case,” Mr Somchai told the Bangkok Post.
He conceded that the committee might not have the right to judge who should be prosecuted since that was the job of the authorities. Grievances and rights abuses were also taken care of by the National Human Rights Commission.
"So the [Kanit] commission should try to go beyond the physical conflict and the crackdown and try to explain the root causes of the problem,” the well-known human rights defender said.
Tyrell Haberkorn, a research fellow from the Australian National University’s School of International, Political and Strategic Studies, said having human right activists and senior media personnel in the panel would hopefully be helpful in ensuring the independence and accountability of its work.
However, a key question remained about the clear mandate of the commission and how they would collect the truth.
“If the commission cannot hold people accountable, its work will be counterproductive.
Especially, how to counter the culture of impunity which is sensed by the general public – given the recent historical incidents such as Tak Bai and Krue Se in which no officers have been penalised for the excessive use of force against the people,” said Ms Haberkorn.
She said the Kanit panel might have to outreach to other fact-finding groups that have sprung up due to the general mistrust among the red-shirted people of the government.
“The commission might at least get to a partial truth that is adequate for the nation to move forward, but it might not be enough for true reconciliation,” she said.
Other critics said the Kanit panel's function, in light of the unfinished political crisis, would be the whitewashing of certain truths and true reconciliation.
Compared to the renowned South African model, the Truth and Reconciliation Committee (TRC) in the post-Apartheid era, the Kanit panel's modalities were totally different, US academics who have studied the TRC said.
“Firstly, it was a new government, not a government in direct involvement in the conflict, who set up the South African TRC.
"Secondly, there was legislation stipulating the mandate framework of the TRC and how amnesty would be given in exchange for full accounts by the concerned parties.
"Thirdly, the process of choosing the TRC members was a consultative one, and finally it was a long working procedure spanning six years of work across the nation with lots of documentation and hearings,” one human rights lawyer said.
More importantly, the TRC's inception began 15 years after the Apartheid era was over, but Thailand’s conflicts were not yet resolved.
If Kanit panel could not produce some truths to the public and hold people, either the authorities or the red-shirted parties, accountable, it would tarnish the term ‘reconciliation’ and further deteriorate the already little faith in the accountability of any independent body to unveil the truth, the American lawyers said.
“We might need some prosecutions or it will be too much like impunity, but a legal approach alone will not heal the wounds of the people.
"After all, the Kanit panel should be accepted by the red-shirted people as well, since they are a direct party in the conflict, but will they be recognised as such?” said another American academic who asked not to be named.
bangkokpost.com
earlier thread here : https://teakdoor.com/battle-for-bangk...impartial.html (Puea Thai: Khanit not impartial)