Don Pathan
The Nation
Pattani
December 24, 2011 8:24 pm
Speaking at a seminar on Saturday during which a report that examined 100 legal cases that was audit by the Muslim Attorney Centre Foundation and the American Bar Association's Rule of Law Initiative, experts said the entire sysem needs to be seriously examined. Out fo the 100 cases studied, 72 were dismissed, all on the ground of insufficient evidence.
Vast majority of the suspects were charged with terrorism, unlike the separatist conflict in the 1970s and 1980s when militatns were charged with treason.
Thailand employed special laws - Emergency Law and Martial Law - that permits detention up to 37 days without formal charges. Suspects are almost incommunicado the entire time.
From the Martial Law, there were 39 cases of tortured and 27 cases of verbal abuses. From those held under Emergency Law, 37 were tortured, while 25 experienced verbal abuses. The same kind of treatment also existed under normal legal proceeding.
Most of the suspects are locked during the cases that can take anywhere form one to two years, or even three years, before the verdict is read.
Pairote Polpetch, a member of the Legal Reform Committee, said the problem lies with the authorities unwillingness to question cases that are sensitive in nature and decided to pass it on.
Moreover, the lengthy detention period, which is not subjected to any examination, may leads to questionable and illegal interrogation tactics, such as torture, as the authorities tries to obtain information form the suspects.
International Crises Group's Rungrawee Chalerm-pinyorat asked whether this is a problem exclusively for the south or for the entire country.
Moreover, quoting a senior police officer, there is the feeling that without these special laws, rogue officials may employ controversial and illegal means, such as abduction and consequently murder of suspects.
She said the violence in the deep South was political in nature but Thai legal process does not take this into consideration.
The government also employed Article 21 to give incentive to insurgents to lay down their arms. But the scheme failed to attract much participations because, said senior government officials in the region, the militants see themselves as winning. Such process is reserved for post-conflict period and should be use as a way to reintegrate the insurgents back into the society.
Pairote said the judge and the Office of the Attorney General just be more vigorous in screening and demanding more solid evidence from the law enforcement officers.
"They can help filter the process at the early stage instead of waiting until the legal process exhausted itself," Pairote said.
One senior officer in the region said there is a concerned that many of the suspects who had been locked up for a year or two would come out with extreme anger and then join the movement.
Participants urged the authorities to investigate the alleged torture and abuses, saying faith in the government lies with the sincerity of the officials and justice system.
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Source: http://www.nationmultimedia.com/national/Case-audit-reveals-flaws-in-legal-system-30172605.html
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