FREE THOUGHT PRISONERS!
31-12-10
We have all just become Patani
On April 7, 2010, the Prime Minister announced a decree of emergency powers which prohibited public protest or comment. The decree lasted precisely 250 days and was “lifted” on December 21. Emergency powers during this period suspended the rule of law in Thailand. However, its repeal was not an act of govt largesse but a faulted attempt to restore some ‘democratic’ credit in the int’l community.
The Emergency Decree enabled govt to create a military regime by fiat creating the Orwellian-named Centre for the Resolution of Emergency Situation and Centre for the Administration of Public Order. The “emergency” was martial law in a dress uniform.
When the Emergency Decree was repealed, CRES and CAPO were said to have disbanded. The decree was conveniently replaced by the Internal Security Act, a law passed in the final hours of the National Legislative Assembly, a parliament appointed by the military coup d’etat govt.
Rather than CRES and CAPO, the ISA is administered directly by the Internal Security Operations Command which was established to fight the communist menace in 1966. The military coup govt remodelled ISOC after the US Dept of Homeland Security giving it sweeping powers over govt agencies including the Royal Thai Police Division of Special Investigations. ISOC has been called “a govt within a govt”. ISOC is assisted with the ISA by the National Security Council and the new “Situation Monitoring Centre”.
Of course, CRES, CAPO, ISOC and the NSC are nominally under the authority of the prime minister’s office. But which side is really pulling the strings? The generals love power and are not going to give it up willingly…at least without a fight which is, of course, what armies do best.
The so-called emergency resulted in the blocking of 369,796 web pages without the necessity of applying for court orders as required by the Computer Crimes Act. However, this figure includes 74,686 web pages apparently blocked by court order on application of the ICT ministry from April through November.
As John and Yoko sang, “War Is Over!” But there has been no effort made to unblock these hundreds of thousands of websites and no mechanism is in place to request unblocking.
At year’s end, Thailand has chosen to adopt the Burmese model (well, except they have elections!) of a civilian govt tightly controlled by military generals and defined by brutal censorship of its citizens.
Hundreds of arrests, many of which the govt admits are illegal. Criminal charges for lèse majesté and defamation with potential, and realistic, sentences in scores of years.
Now we all get to experience what it’s like to be a citizen of the military state of Patani…
[FACT comment: We’ve been forced to learn to accept govt by impunity so why should we expect the military to be any more accountable? When bureaucrats and generals say they’re protecting Thai people, they lie. The only care about power and wipe their asses with all the rest of us.]
Prayuth: no need to explain CRES spending
Khao Sod: December 22, 2010
English: http://www.prachatai3.info/english/node/2202
The Army Chief has dismissed questions about spending by the Centre for the Resolution of the Emergency Situation, saying that there is no need to explain anything because it has been transparent.
On 21 Dec, Army Chief Gen Prayuth Chan-ocha reportedly responded with irritation to reporters’ questions about the expenses of the CRES. ‘Why? Where did you get those figures of tens or hundreds of billions of baht from? There were only allowances. The officials earned as much as they worked. [You] just multiply a number with the number of companies of troops. Where can we get the money from? Where did you get the figures of hundreds of billions? Go ask whoever came up with the figures. I know that it was people among you who said that,’ said the General.
When reporters repeated the same questions, Gen Prayuth said, ‘Don’t know. Go find the figures yourself. I don’t know such figures. I never care. When the budget got approved, it was then distributed to the agencies involved. The security agencies do not get tens or hundreds of billions. The government would not have that much money. […] Please stop fabricating, writing nonsense, or [accusing] the military of doing this in exchange for buying that.
‘What do I get? I purchase those things. Does Thailand get the benefit? Where are those interests? I don’t know, because I don’t gain anything, and no one else does. Go find answers for yourself as to what Thailand should have, or purchase, to protect itself. If you keep questioning what should or should not be purchased, or about corruption, you have to provide evidence. There would probably be no one who wants to work for or take care of the country, because such people have been destroyed one by one. Who will you turn to? Please be constructive.’
Asked whether the CRES should explain its spending for the sake of transparency, the army chief said that there was no need to explain, because everything had already been transparent.
‘What is there to be explained? Why? What did I do wrong? You should ask the government instead to explain the spending. If we have to explain everything, we will not be able to work. I and the military have not gained anything from the spending. It was those officials who worked in conditions of hardship out there every day to get the money. Why? Aren’t they human, so they need no money or need not eat?’
New security monitoring centre
Bangkok Post: December 21, 2010
http://www.bangkokpost.com/breakingnews/212404/security-monitoring-centre-set-up
A security situation monitoring centre will be set up to replace the Centre for the Resolution of the Emergency Situation when the cabinet lifts the emergency decree, Deputy Prime Minister Suthep Thaugsuban said on Tuesday.
The CRES, which is responsible for the enforcement of the emergency rule, has proposed the lifting of the emergency decree, now in effect in Bangkok, Nonthaburi, Pathum Thani and Samut Prakan province, to the cabinet on Tuesday.
Mr Suthep, who oversees national security, said the CREs would be automatically disbanded when the decree is lifted. The security situation monitoring centre would replace it.
He believed the political situation would gradually return to normal and that the reimposition of the decree would not be necessary.
The Internal Security Operations Command (Isoc), which would be in charge, would use normal laws to ensure social order, he said.
He also insisted the government has not bowed to pressure to provide bail assistance for detained red-shirt demonstrators. It was Prime Minister Abhisit Vejjajiva’s wish to help ordinary red-shirt supporters who took part in the protests to get release on bail, not hardcore members.
The provision of state bail assistance followed a recent meeting between the prime minister and Thida Thavornseth, acting chair of the United Front for Democracy against Dictatorship (UDD) and wife of Weng Tojirakarn, a red shirt leader now detained for his involvement in the March-May bloody protest and facing terrorism charges..
ANALYSIS
Little change in reality if govt decides to call it a day for CRES
The Nation: December 21, 2010
Who’s really in charge here?
Should today turn out to be the final one for the Centre for Resolution of the Emergency Situation, it will not change much, or even mean much, as far as Thailand’s political problems are concerned.
The state of emergency, which has justified the CRES’s existence since April 7, is a strange state of affairs in itself, with (disillusioned) advocates and opponents alike not caring whether it stays or goes.
The red shirts will say “suppression” will continue, only in the name of the Internal Security Act this time. Their opponents will say the state of emergency has been useless anyway, as red shirts can hold rallies and carry out sometimes-provocative activities at will.
If the Cabinet agrees today to cancel the state of emergency, which has remained in effect in Bangkok, Pathum Thani, Samut Prakan and Nonthaburi, the ISA will come into play. When it comes to containing political dissent, both the ISA and the emergency decree in essence give authorities similar powers in pinpointing suspects and making arrests. The main difference between the two laws is the length of detention.
At times like this – when there is no more outright violence but fears, whether justified or not, linger – the ISA and state of emergency are almost the same thing. Lifting the latter will only shift power from the CRES to a more mainstream mechanism when it comes to dealing with dissent or anything deemed detrimental to national security.
Normally, the Internal Security Operations Command (Isoc) runs the show under the ISA. This time, if the state of emergency is to be lifted, the government is expected to set up a monitoring committee to keep track of suspicious political developments. Isoc is traditionally chaired by the prime minister, who can assign the Army chief to serve as key supervisor on his behalf.
The red shirts will be more concerned about the future of more than 100 of their members who are still in jail as a result of crackdowns under the state of emergency. The inmates have been charged, so with or without the measure, their status is unlikely to change.
To add insult to red shirts’ injury, Army chief Prayuth Chan-ocha yesterday declared that the state of emergency “can be reinstalled any time”. This must have been intended as a warning, but the red shirts will have the right to ask why, if the state of emergency can be imposed at will, the government did not revoke it earlier.
Prayuth’s answer to that was stinging, and critics will say his comments won’t do much good when it comes to reconciliation. The Army chief said the state of emergency was made necessary by the red shirts themselves, who he said had ignored normal laws to the point where special ones had to be enforced.
“If you want to rally, please do so, but make sure you don’t hold up traffic or use the protest to attack key institutions,” he said. “If you defy the law, you can’t just say you are innocent once you’ve been arrested.”
His volatile remarks perhaps best represent the actual situation. Lifting the state of emergency is hardly a goodwill gesture, although it might help Thailand’s international image a little. Domestically, distrust will persist until there are more concessions from either side, which means leniency for the red prisoners on the government’s part.
CRES, army seek to impose ISA
PM wants decree lifted to boost country’s image
- Bangkok Post: December 15, 2010
- http://www.bangkokpost.com/news/politics/211301/cres-army-seek-to-impose-isa
The Centre for the Resolution of the Emergency Situation and the army are seeking the imposition of the Internal Security Act when the emergency decree is lifted in Bangkok and its surrounding provinces.
A soldier standsguard on Ratchadamnoen Nok Avenue near the statue of KingRama V as part of security measures under emergency rule which remains in place in Bangkok and its surrounding provinces. The cabinet will consider lifting the decree next week. [Pawat Laopaisarntaksin]
The CRES, which is now responsible for the enforcement of emergency rule, has agreed that the state of emergency now in place in Bangkok, Nonthaburi, Pathum Thani and Samut Prakan should be revoked before the end of this month.
Prime Minister Abhisit Vejjajiva wants to restore the country’s image in the face of intense domestic and international pressure, a source at the CRES said yesterday.
“In fact, the CRES wants Bangkok to be the last province in which the decree is revoked as the capital is a potential target of violence, but the prime minister disagreed,” the source said.
Defence Minister Prawit Wongsuwon, as the CRES director, and army chief Prayuth Chan-ocha, deputy director of the Internal Security Operations Command (Isoc), would propose that if the emergency decree is lifted before the New Year then it be replaced by the ISA so officers operating under the security law would be given legal immunity.
Military authorities had similar powers under the ISA and the emergency decree, the source said.
The ISA empowers security officers to detain suspects for seven days without charge. The emergency decree allows authorities up to 30 days to hold suspects for questioning.
Gen Prayuth is said to be more concerned about which law would be used to close websites deemed offensive to the monarchy after the emergency decree is lifted.
The CRES will be automatically dissolved by the revocation of the decree. Emergency rule was imposed on April 7 this year after red shirts led by Arisman Pongruengrong stormed parliament.
It replaced the ISA enforced on March9 in the lead-up to the red shirt massed protests.
Deputy Prime Minister Suthep Thaugsuban was then director of the Centre for the Administration of Peace and Order, which invoked the ISA.
He may again be asked to head the CAPO if the ISA replaced the decree, the source said, but it has been reported that Mr Suthep would prefer that Gen Prawit head the centre.
The army would propose that the government reimpose the emergency decree if the situation worsened.
Mr Abhisit said yesterday the emergency decree would remain in place for at least a week, awaiting the army’s proposal on a new security plan.
Mr Abhisit said the cabinet could not decide whether the decree should be revoked because the Defence Ministry had not finished its security plan.
The matter will be considered next Tuesday, he said.
First Army commander Udomdet Sitabutr said the decision to revoke the decree rested with the government.
The military had drafted a security plan to ensure the safety of the public once the decree was lifted, he said.
The military would coordinate with police to beef up security during the New Year. There have been no reports about possible unrest during the festive season.
The CRES will speak to red shirt leaders ahead of their rally planned for this Sunday to make sure the gathering is peaceful.
CRES and the Constitution-PPT
31-12-10
CRES to go
Political Prisoners in Thailand: December 10, 2010
http://thaipoliticalprisoners.wordpress.com/2010/12/10/cres-to-go/
The Bangkok Post reports that CRES has “agreed to recommend to the cabinet that it lift the emergency decree in Bangkok and surrounding provinces.” This means that “CRES would be dissolved once the decree was lifted and a new centre would be established to implement the peace-keeping plan prepared by the Internal Security Operations Command. The Internal Security Act would be imposed to enable the deployment of soldiers should there be a further outbreak of unrest…”. CRES has existed since 12 March 2010.
Is it a coincidence that the “CRES decision to recommend the lifting of the emergency decree came shortly after the Constitution Court dismissed another lawsuit against the ruling Democrat Party. The move yesterday negated the threat of a possible dissolution of the party for allegedly failing to declare a 258 million baht contribution from a private donor”?
EMERGENCY STATE
CRES to lift emergency decree, and expire
Kornchanok Raksaseri
The Nation: December 10, 2010
A meeting of the Centre for Resolution of the Emergency Situation (CRES) has decided to propose lifting the emergency decree in all remaining provinces – which will result in the centre’s demise, spokesman Colonel Sansern Kaewkamnerd said yesterday.
“CRES has closely followed the situation and sees it has improved gradually. If the emergency decree is lifted, people might be able to enjoy New Year’s celebrations fully,” he said.
National Security Council secretary-general Tawin Pleansri will bring the issue before the Cabinet and it will be for the prime minister to decide.
The proposal will be submitted, together with the Internal Security Operations Command’s strategic plans on national security, to ensure peace and order, he said.
The national-security plans have been prepared and if possible, the proposal will be submitted on Tuesday, he said.
The emergency decree relates to possible political turmoil. It is still in effect in Bangkok, Samut Prakan, Nonthaburi and Pathum Thani.
Once the state of emergency has been lifted in all of those provinces, the CRES will end automatically, Sansern said.
Meanwhile, red-shirt leader Worawut Wichaidit said the reds would gather at Democracy Monument today to mark Constitution Day. “The event will run from 5pm to 8pm,” he said.
[FACT comments: Let’s look at this title: “CRES agrees to lift emergency”. We must have been mistaken in thinking we had a real prime minister who was responsible for Thailand’s nine-month “emergency”.]
CRES agrees to lift emergency
Red shirts plan rally to honour the fallen
Bangkok Post: December 10, 2010
http://www.bangkokpost.com/news/local/210572/cres-agrees-to-lift-emergency
The Centre for the Resolution of the Emergency Situation has agreed to recommend to the cabinet that it lift the emergency decree in Bangkok and surrounding provinces.
The CRES now believes the political situation has returned to normal.
Spokesman Sansern Kaewkamnerd said the centre agreed yesterday that the decree should be lifted in Bangkok, Nonthaburi, Samut Prakan and Pathum Thani.
Col Sansern said the National Security Council had been assigned to forward the proposal to the cabinet before its meeting next week. The prime minister would make the final decision.
The CRES would be dissolved once the decree was lifted and a new centre would be established to implement the peace-keeping plan prepared by the Internal Security Operations Command.
The Internal Security Act would be imposed to enable the deployment of soldiers should there be a further outbreak of unrest, he said.
The CRES was set up on March 12, the day the red shirt protesters began their “million-man march” from provinces around the country to Bangkok to force the ouster of the Abhisit government.
The CRES decision to recommend the lifting of the emergency decree came shortly after the Constitution Court dismissed another lawsuit against the ruling Democrat Party. The move yesterday negated the threat of a possible dissolution of the party for allegedly failing to declare a 258 million baht contribution from a private donor.
Anti-government red shirt supporters planning to stage a rally today said they would discuss the court’s ruling at their demonstration.
The United Front for Democracy against Dictatorship (UDD) has confirmed the red shirts would gather at 5pm to hold activities to mark the occasion eight months ago when the government first took determined action to break up their earlier rally.
The government action on April 10 at Khok Wua intersection and Democracy Monument resulted in the deaths of five soldiers and 20 civilians. More than 800 people were injured.
The demonstration is also timed to coincide with Constitution Day today.
More than 1,000 police will be deployed in areas around the Democracy Monument to ensure peace and order during the rally.
A police command will be set up behind Sorn Daeng restaurant near the Democracy Monument, metropolitan police spokesman Piya Uthayosaid said.
Metropolitan Police Division1 commander Wichai Sangprapai has been assigned to coordinate with UDD leaders to ensure the red shirts comply with the law.
Pol Maj Gen Wichai said the rally must be peaceful. There must be no blockage of roads or entrances to buildings.
Demonstrators must refrain from using loudspeakers or amplifiers and they must avoid offending the royal institution.
Stalls selling souvenirs will not be allowed on footpaths or roads. The protesters must try to prevent their gathering from being exploited by others to stir up unrest, he said.
Police believed the red shirts would disperse about 8pm, Pol Maj Gen Piya said.
The leader of the Red Sunday group, Sombat Boonngam-anong, said that as well as marking Constitution Day and remembering those killed during the anti-government protest from March 12 to May 19 this year, the red shirts planned to renew their call for justice for the fallen and for the release of red shirt members being held in jail.
The Red Sunday group will also use the occasion to discuss the Constitution Court’s rulings on the two Democrat Party cases.
Prime Minister Abhisit Vejjajiva yesterday called on red shirt protesters to hold a peaceful rally.
International Federation for Human Rights (FIDH)
Union for Civil Liberty (UCL)
Alternative ASEAN Network on Burma (Altsean-Burma)
OPEN LETTER
HE Mr. Abhisit Vejjajiva
Prime Minister of Thailand
HE Mr. Kasit Piromya
Minister of Foreign Affairs of Thailand
HE Mr. Sihasak Phuangketkeow
President of the United Nations Human Rights Council
Ambassador and Permanent Representative of Thailand
to the United Nations Office and other International Organizations in Geneva
30 December 2010
Subject: Thailand must respect principle of non-refoulement and protect the rights of refugees
Your excellencies,
The International Federation for Human Rights (FIDH) and its member organisations, the Union for Civil Liberty (UCL) and the Alternative ASEAN Network on Burma (Altsean-Burma), are deeply troubled by the actions of the Thai Army and border police to force at least 166 refugees back to Burma on 25 December 2010. These refugees fled their home villages in southeastern Burma due to armed clashes between the Burma’s military forces and ethnic rebels. According to information we have received, 50 women, 70 children and 46 men at the Wa Lay temporary site in Tak Province were ordered back to Burma.
Burma’s military forces have been engaged in continuous offensives against civilian and ethic rebels in Karen State since the sham November 7 elections. The situation in the border areas in Burma remains tense and volatile. On the day of the election and in the days following, clashes broke out between the Burmese military and the Democratic Karen Buddhist Army (DKBA) in Southern Karen State which forced over 27,000 people in Karen State to flee into Thailand. Thailand is home to 150,000 refugees, who reside in official camps along the Thai-Burma border.
In writing this letter we acknowledge Thailand’s longstanding policy to allow Burmese people to seek safe haven in Thailand when fleeing for their lives from armed conflict in Burma. However, we cannot ignore the recent instances in which the Thai Army decided to force refugees back to Burma. It would appear to us that this decision lacked sufficient concern regarding the fact that they face a credible and real risk of violence and persecution in their home villages. In addition, it is extremely difficult to independently verify their safety and treatment by their home government after their return. We are gravely concerned about this situation.
We recall that the Thai military forcibly repatriated 4,689 Lao Hmong on 28 December 2009, among whom 158 were classified by the United Nations High Commissioner for Refugees (UNHCR) as “persons of concern”. In December 2008, about 500 Rohingya boat people and Bangladeshi migrants landed in Thailand, but in January 2009 the Thai military allegedly forced them back into the open seas in rickety boats and with meager supply of water and food. These actions are in clear violation of the principle of non-refoulement under international customary law, which prohibits the forced repatriation of refugees to places where their life or freedom would likely be threatened.
We strongly urge your government to respect international standards and good practices on refugee protection and to refrain from further forced repatriation of refugees and asylum-seekers. We call on the Thai authorities to coordinate their efforts on the protection of refugees with UNHCR and other humanitarian organisations.
We thank you for your attention and consideration of our concerns and recommendations.
Sincerely yours,
Souhayr Belhassen
FIDH President
Danthong Breen
UCL Chairman
Debbie Stothard
Altsean-Burma Coordinator
