Thai Red Shirt prisoner group deliver letter to UN Secretary General

A Red Shirt prisoner support group led by trade unionist and political activist, Jittra Kotchadet, delivered a letter to the UN Secretary General, Ban Ki-moon, in Bangkok today. 

The group also staged a small protest of 200 people outside the Government House in Bangkok and called for the immediate release on bail of all lese majeste and political prisoners.

The group, who called themselves the Social Activists Network for Democracy, made this protest on the same day that rumours are swirling Bangkok that military-ousted former Thai PM, Thaksin Shinawatra, may receive a pardon for a conviction relating to what some consider to be a trumped up charge of corruption regarding a piece of land the former PM’s wife bought at market rates several years ago.

It is not yet clear if the ordinary Red Shirt members who helped return the present Pheu Thai government to power and who are held in Thai prisons will also be pardoned.

The letter is as follows

Bangkok, 16 November 2011

The Honorable Ban Ki-moon,

As you may be aware, in October 2011 in Geneva, Switzerland Thailand was the subject of a Universal Periodic Review at the United Nations Human Rights Council.

A number of recommendations flowed from this review, not least from Frank La Rue, the UN Special Rapporteur on the Right to Freedom of Opinion and Expression. He urged Thailand to hold broad-based public consultations to amend section 112 of the penal code (Thailand’s infamous and draconian lese majeste law that imprisons people for up to 15 years for “defaming the monarchy”) and the 2007 Computer Crimes Act, with the objective to bring the country in compliance with its international human rights obligations.

Mr La Rue said -

“The threat of a long prison sentence and vagueness of what kinds of expression constitute defamation, insult, or threat to the monarchy, encourage self-censorship and stifle important debates on matters of public interest, thus putting in jeopardy the right to freedom of opinion and expression. This is exacerbated by the fact that the charges can be brought by private individuals and trials are often closed to the public.”

In addition to Mr. La Rue’s comments, the UK-based Freedom of Expression advocates, ARTICLE 19 had this to say -

“ARTICLE 19 would like to see the United Nations Office of the High Commissioner of Human Rights and countries with close links to Thailand raise serious concerns with the Thai government on the misuse of the Lese Majeste law and the 2007 Computer Crime Act (CCA) which has been used as a default lese majeste legislation. 

The Thai government must open up dialogue with local civil society actors on the provisions of the lese majeste law and CCA and their use, and the government must amend these laws in accordance with Thailand’s obligations under its Constitution and the International Covenant of Civil and Political Rights.”

Following the review several countries backed the call for the 112 law to be reformed, including Brazil, Indonesia and Canada, while other nations such as the UK, France and Norway asked for a space to be opened up in Thai public discourse where the future of the law could be discussed.

At present it is impossible to make an accurate verification of the numbers of persons who are incarcerated in Thailand as a result of the application of the 112 law.

However, several people are awaiting trial and sentencing for charges relating to alleged breaches of 112. In 2010 alone, it was reported that the courts accepted 478 new cases of lese majeste, almost three times the record set the year before. Experts believe that the number of persons in custody for alleged violations of 112 is now in the hundreds.

These persons include

1) Mr. Amphon Tungnopphakul (61), a beloved grandfather of 5 who is being held on remand in inhumane and degrading conditions at the Bangkok Remand Prison. Mr. Tungnopphakul allegedly sent SMS messages that defamed the monarch to Somkriet Krongwattanasuk, a private secretary of former Prime Minister and leader of the Democrat Party, Abhisit Vejjajiva. 

The matter was reported to the police by Mr. Krongwattanasuk. Since his arrest Mr. Tungnopphakul was released for a short period on bail but the prosecutor demanded he be returned to prison and his bail be revoked. Mr. Tungnopphakul is also suffering from mouth cancer and we believe his release is of the utmost urgency on medical grounds alone.

2) Ms. Daranee Charnchoengsilpakul (48) aka Da Torpedo who is accused of lese majeste in connection with speeches she made at a political rally in 2008. Her original trial was held in camera and she was unable to properly contest the evidence against her. At this trial she received an 18year prison sentence. She then appealed against this verdict on the basis that her in camera trial breached her constitutional rights. 

The Appeal Court revoked the original verdict of the lower court and returned her petition to the Constitutional Court. While the Constitutional Court believed that the closed trial of Ms. Charnchoengsilpakul did not breach the constitution at present the original revocation by the Appeal Court stands. Daranee will be facing a retrial on the 15th December after her case was inexplicably postponed from October 17th. 

This postponement has also destroyed Ms. Charnchoengsilpakul’s chances of asking for a reduction of penalty, something which is usual at the time of the King’s birthday on 5th December. Furthermore, we consider the denial of bail for Ms. Charnchoengsilpakul to be evidence of unusual and special punishment as it is ordinary for Thai citizens who have had their original conviction overturned by the Appeal Court to be freed on bail. Ms. Charnchoengsilpakul has been in prison since July 22nd 2008. 

For most of this time she has also had to endure a very painful jaw infection for which she has not been given adequate medical care. At least one witness has reported that Ms. Charnchoengsilpakul has had to remove her own teeth in order to be able to eat. We call for the immediate release of Ms. Charnchoengsilpakul and the provision of and proper medical care to be afforded her.

3) Mr. Somyot Pruksakasemsuk (50) is a trade union activist and the editor of the “Voice of Thaksin” magazine. He is accused of lese majeste after publishing two articles in this magazine which were deemed to be of offence to the monarchy. Mr. Pruksakasemsuk has been denied bail because the court stated he was a threat to “national security.” 

He is being kept in inhumane and degrading conditions at the Sa Kaeo Prison. However, because the charges leveled against Mr. Pruksakasemsuk were made in four different places in Thailand he is being continually transported, chained and shackled, around the country in a small caged prison truck on journeys that can take up to 15hours. We believe this constitutes unusual and special punishment of Mr. Pruksakasemsuk and ask that he be released on bail and be allowed to make his own arrangements to face the charges as is normal practice in Thailand.

4) Mr. Joe Gordon (55) is a naturalised US citizen of Thai descent who was arrested on 24th May 2011. He is currently being held in inhumane and degrading conditions at the Bangkok Remand Prison awaiting sentencing after pleading guilty in a Bangkok court on 10th October 2011 to the charge of lese majeste. Before his guilty plea Mr. Gordon asserted his innocence on numerous occasions yet, after being repeatedly denied bail even though he had a painful medical condition for which proper treatment was denied, he changed his plea to guilty. 

We are concerned with the safety of Mr. Gordon’s conviction and believe he was subject to special and unusual punishment in order to evince a confession. Furthermore, the charge of lese majeste also relates to activity committed by Mr. Gordon while he was resident in the USA. Therefore the universal jurisdiction of Thailand’s lese majeste law has trumped Mr. Gordon’s constitutional rights as a US citizen. This is a deeply worrying development which has been further compounded by the lack of proper protest by Mr. Gordon’s US government representatives at the US Embassy in Bangkok.

As representatives of the Social Activists Network for Democracy (SAND) we would request that you thoroughly investigate the prison conditions of the four persons named above and make sure they are treated in an appropriate fashion and with full recourse to adequate medical care and to proper justice.

We would like to request that you call for the immediate release on bail of all lese majeste prisoners.

We would like to request you ask the Thai authorities to reveal the full number of lese majeste prisoners and those who have been accused of lese majeste.

We would also request that you read the full advice of Mr La Rue, the UN Special Rapporteur on the Right to Freedom of Opinion and Expression, regarding Thailand’s use of both lese majeste and the 2007 Computer Crimes Act and act accordingly.

Yours faithfully,

Social Activists Network for Democracy (SAND)

Govt refuses comment on "Thaksin amnesty"

As floods continue to wreak havoc on Thailand, has the Yingluck government sneaked in a plan to bring Thaksin Shinawatra home?

Government leaders remained tight-lipped Wednesday morning over widespread Thai media reports that the Yingluck administration has added extra changes to this year’s annual amnesty to mark HM the King’s birthday that would benefit Thaksin Shinawatra.

Deputy Prime Minister Chalerm Yoobamrung, who chaired Tuesday’s Cabinet meeting, from which Prime Minister Yingluck Shinawatra was conspicuously absence, waved off reporters, saying he would address the issue when he is at Parliament Wednesday afternoon.

Media reports said that during a high-confidential Cabinet forum Tuesday limited to only a handful numbers of ministers and officials, it was decided that people convicted of corruption would be entitled to receive this year amnesty. 

Last year’s royal decree that released prisoners to mark the monarch’s birthday excluded people convicted of drug trade and corruption.

Yingluck spent Monday night in Singburi, citing travel difficulties at night and did not come to the Cabinet meeting on Tuesday, assigning Chalerm, who she had tasked with looking into political amnesty, to chair the Cabinet meeting. 

Democrat MPs taunted that as a thinly-veiled move to give her "dependability" at a time of raging flood crisis.

Yingluck late Tuesday denied knowledge of what happened at the Cabinet meeting, asking reporters to ask Chalerm directly. Chalerm refused to comment. 

Government spokesperson Titima Chaisaeng also said she had no idea what went on during the secretive meeting that followed the normal weekly Cabinet meeting.

Whether Yingluck’s denial, well recorded by the Thai media, will come back to haunt her remains to be seen. She had vowed never to work for any particular group or person. 

To miss a Cabinet meeting that would enable her to keep up on flood relief efforts would be politically acceptable if there was no hidden agenda at that Cabinet meeting. 

But if that meeting was spent on discussing plans for her big brother Thaksin, the prime minister could face a big political backlash.

However, it remains to be seen if the media reports are true, and whether the proclaimed changes to the annual amnesty would include another key point that would fully benefit Thaksin. 

The fact that Thaksin has yet to serve a day in prison has prompted question how he would be "released". If this year’s conditions benefit fugitives, it will be a considerable change from Thai legal and royal traditions.

No dilemma here: Pay out fair compensation

Our nation's increasingly jumbled conscience is probably summed up by the Facebook status update of someone who can never vote for Pheu Thai or utter Thaksin Shinawatra's name without adding obscenities.

"Keng, you moron," wrote the man on his "wall", referring to controversial government MP Karun Hosakul. "For once in your life you have done something good, but now you're denying you've done it?"

The "good deed" was the demolition of the "big bag" barrier on Vibhavadi Rangsit Road at Don Muang on Sunday. Karun allegedly led protesters living "outside" the barrier and being affected by it to bring down parts of the flood-wall.

It was a controversial act that even the Pheu Thai Party wanted to distance itself from, and later Karun himself denied responsibility. Our Facebook guy, as you should be able to guess, lives just outside the barrier.

For the wrong reason maybe, Karun allegedly did something right, at least in the eyes of many. The floods have not only brought out the best and worst in Thais, but also the "most grey" in us. 

This disaster has reminded me of a debating exercise during a legal philosophy course. You are piloting a plane with 300 on board that is about to crash into the ocean because of engine trouble. 

The only way you can save the passengers is to land the plane on what could pass as a runway on the only island in view. There are a dozen huts on the "runway". So what do you do?

It sounds like a tough question, but our world has breezed through dilemmas far more difficult than this. All religious wars claimed millions of innocent lives. 

The atomic bombs ended a world war, but who really thinks they should have been dropped, raise your hands. Is capital punishment good or bad? All of a sudden, "our dilemma" doesn't seem too bad, does it?

With proper preparations that are not beyond human capacity, nobody would get killed no matter which way the floods flow. Inner Bangkok may take a hit, disrupting lives and causing staggering business losses, or people outside the flood-walls will suffer longer in water that's getting filthier and filthier. 

Both cases are depressing, but we have veered off the mark by trying to decide which is the worst-case scenario.

The government is in a far better position than that of the plane captain weighing the lives of his passengers and the island villagers. The problem with politicians, even the best "populists" among them, is that the word "compensation" is associated with defeat and embarrassment. 

And they are also the stingiest species when it comes to paying back people affected by their decisions or action. They can pay over the budget with wild abandon for their projects, but when it's needy people, not contractors, who are the recipients, all kinds of fiscal principles and regulations come into play.

There are two groups of flood sufferers - those on the water's natural path and those affected by attempts to change the water's course, hold it back or accelerate its flow. 

The latter deserve more than what the Yingluck government has promised. They can be easily identified and it won't be difficult to verify their hardship. 

That the government has failed to differentiate them is a major reason why a legal campaign to sue the administration for damages is gaining momentum.

Of course, giving bigger compensation based on ordeals consequential of state action can lead the government down a slippery slope. 

It's not only about flood-walls that send a domino effect to people living outside it; this disaster may also have had something to do with a crucial Agriculture Ministry decision to delay the release of northern dam waters. 

How much impact that particular decision had on the enormity of the flooding will most certainly be the subject of political and scientific scrutiny after the waters completely recede. Political fears, however, must not be the reason why many flood victims will not get compensation they deserve.

A member of the Yingluck Cabinet said recently that the government was considering a "New Thailand" recovery scheme that could cost something close to Bt1 trillion over a number of years. 

No details were given, but it seems such a massive sum is wanted for things for the future - better water management, better protection of industrial estates and so on. 

If it's the right plan, it was conceived and disclosed at a wrong time. That plane's pilot wouldn't be thinking about how he could be more careful with the engine next time, or what kind of navigational upgrades to install for the next flight.

The Thai government should feel lucky that it hasn't come down to deciding who lives and who dies. And that it has what it takes to give reasonable compensation. 

Spend the money wisely and the government won't be helping only the worst-hit flood victims, but also the likes of Karun, his (largely reluctant) fans and detractors, all of them being torn by a moral crisis.

Govt faces string of lawsuits

Two groups to sue state agencies, PM and Cabinet for the flooding situation and seek damages for victims

The man who virtually brought the Map Ta Phut Industrial Estate to its knees two years ago has confirmed he will lead a class-action campaign against the government in connection with the flood disaster.

Government agencies concerned with flood management will be taken to court next month for failing to solve the disaster, said Srisuwan Janya, chairman of the Stop Global Warming Thailand Association.

The man who fought to force industrial projects in Map Ta Phut to adjust their plans and consider environmental issues more seriously said this campaign would be independent of a similar one being launched by a Chulalongkorn University lecturer.

"On December 19, our association will file a lawsuit with the Administrative Court against more than 10 government organisations that have worked to address flood problems," he said.

They are Prime Minister Yingluck Shinawatra, the Cabinet, the Flood Relief Operations Centre (FROC), the Royal Irrigation Department, the Meteorological Department, the Metropolitan Waterworks Authority, the Electricity Generating Authority of Thailand (Egat), and the Hydro and Agro Informatics Institute, he said.

"Everyone who has been affected by floods in 26 provinces is invited to contact us so the association will represent them to file the suit," Srisuwan said.

"We will tell the court how each of those agencies has failed to solve the flood disaster, and force them to pay compensation to the flood victims and issue concrete and clear measures to prevent severe floods recurring in the future."

Compensation will be sought for their damaged assets, illness caused by the floods and loss of income.

Before the association files the suit in court, it will hold a meeting with flood experts and academics and flood-affected people on December 15 at Imperial Queen's Park Hotel in Bangkok to see what wrongs the government agencies committed in coping with the floods and resolving the flood problems, as well as to hear from the victims.

"We are inviting all affected people to join the meeting to share with us their troubles," he said.

The other campaigner, meanwhile, is hatching a similar legal plan, in which the government would face administrative, civil and criminal litigation in connection with its allegedly botched flood control.

Chulalongkorn University economics lecturer Narong Phetprasert said yesterday that he and his team were gathering legal evidence.

"Evidence will be collected over the next two months to build up cases against the government," he said.

Narong said the litigation would be based on five causes - administrative damage, negligence, lapse of duty, lost opportunity and property damage.

After assessing flood-hit communities, the legal team will draw up a list of defendants. He said the potential defendants included the FROC, the Agriculture Ministry, the Natural Resources and Environment Ministry, Egat and the Bangkok Metropolitan Administration.

Although the previous government had mishandled last year's flood control, the extent of flooding and damage did not warrant a court battle, he said, denying he was trying to target the Pheu Thai Party while sparing the Democrats.

He said he would work with the Law Society of Thailand in building up the cases on behalf of the flood victims.

The government would be taken to courts to face myriad charges, he said.

Key provisions to sanction the litigation include Article 9 of the Administrative Court Formation and Administrative Procedural Code.

Article 9 prescribes the mandate of citizens to sue the government for lapse of duty.

Article 157 of the Criminal Code prescribes for malfeasance. Article 420 of the Civil Code is the legal basis to sue for damage.

In a related development, the National Human Rights Commission has launched a probe into the impact from pumping flood water from industrial estates into surrounding communities, NHRC member Niran Pitakwatchara said.

Leaders bullish on post-flood prospects

Captains of industry are upbeat about the economic outlook for next year, given that the private and state sectors will spend massively on restoring infrastructure hit by the flooding, which will in turn create jobs and boost growth.

Thapana Sirivadhanabhakdi, president and chief executive officer of Thai Beverage, yesterday said he agreed with remarks made last week by Charoen Pokphand chairman Dhanin Chearavanont, who said the economy would expand quite dramatically because of strong rehabilitation packages from both the government and business sectors, which would create much investment and expenditure, construction work and employment.

"The massive flooding has had a direct impact on the business sector in terms of performance and capability. However, the flood situation is getting better and if there is no change, the business sector will be back to normal within one or two weeks," said Thapana.

"As a business sector, we have learned much from the disaster in terms of preparation, such as risk management. During the flooding, we have seen Thai people pull together to get through this difficult time," he added.

The ThaiBev chief said the crisis had also presented the company with a good opportunity.

"We have had less production capacity at our major beverage plants in Bang Ban and Wang Noi districts in Ayutthaya, but instead have seen a great opportunity to outsource our beer and other beverage production to other manufacturers in the region through original-equipment-manufacturing contracts. 

The strategy is also in line with the Asean Economic Community, which will be fully effective in 2015," said Thapana.

Somprasong Boonyachai, chairman of the group executive committee of Shin Corp, said he believed the economy would still grow next year, given that the private and public sectors would spend massively in restoring infrastructure, which would spark job creation and consumption.

GMM Grammy chairman Paiboon Damrongchaitham said the company estimated it would miss its profit target of Bt200 million for the current quarter because of the floods. 

Overall business in the first quarter of next year also remains at risk, thanks to consumer companies and key advertisers having to focus on recovering their business and factories.

However, Paiboon believes that in the next quarter, business will bounce back because of government spending to support people in affected areas, while firms should by then be able to restart operations.

Sompol Chaisiriroj, director of marketing at ICC International, said the company believed the economy would still be in positive territory next year and that all flood-affected companies would undertake urgent rehabilitation, which would create investment and jobs.

"The massive flooding has sent a very clear signal to all businesses that they have to prepare effectively for any change caused by natural disasters, which will be more severe each year. Risk management becomes a must-strategy for any enterprise," said Sompol.

Teerapong Chansiri, president of Thai Union Frozen Products (TUF), said that as the company relied heavily on exports, it had been less affected by the flooding.

"We are quite optimistic on the growth potential of food exports next year, as the crises in both the US and Europe will by then] have passed."

Teerapong said the domestic economy would enjoy dramatic growth, as all flood-affected companies would undertake major investment in business restoration. 

The government will spend a great deal of money on rehabilitating the country's infrastructure and launching measures to help people affected by the flooding, he added.

Isara Wongkusolkij, president of Mitr Phol Sugar Group, said the government and the private sector would conduct restoration packages after the flood water receded, and that consumer confidence would then improve dramatically.

Besides ThaiBev, GMM Grammy, TUF, Mitr Phol Sugar and ICC, seven other leading businesses - Bangkok Bank, Central Pattana, True Corp, BTS Group Holdings, Major Cineplex Group, Muang Thai Life Assurance and Advanced Info Service - yesterday joined in the first flood-relief campaign ever conducted through the strong synergy of enterprises in a wide range of sectors.

The "Power of Thai" campaign aims to raise about Bt100 million for the rehabilitation of flood-hit schools.

1.5 million letters, parcels undelivered

About 1.5 million letters and packages could not be delivered after 38 of 1,200 post offices were submerged.

Thailand Post normally receives and delivers about 5 million parcels per day.

Piyawat Mahapauraya, senior executive vice president, said yesterday that the company continued to operate as usual.

However, in deeply flooded areas, postal carriers cannot make their rounds and many people are not at home. The parcels will be delivered when the flood subsides.

To serve private and state offices on Vibhavadi-Rangsit, Chaeng Wattana and other swamped Bangkok roads, large trucks are being used, Piyawat said. 

The company is providing transport for its employees to its head office on Chaeng Wattana and paying a daily allowance of Bt100 to those working during the flooding, he added.

Rangsit and Nonthaburi residents rally for help

Residents in northern Bangkok's Rangsit area and those in Nonthaburi province yesterday launched separate rallies calling for more action from the government to help them deal with the flood crisis, which they claim has worsened after the first big-bag barrier was laid along Vibhavadi-Rangsit Road.

Rangsit residents yesterday met local politicians and Pathum Thani provincial officials before agreeing to stop breaking down the barrier provided the authorities launched intensive flood drainage operations.

Nonthaburi residents, meanwhile, are soliciting support through a Facebook page and are planning to hold a rally outside city hall on Friday.

After the 40-minute talks yesterday, Rangsit residents agreed that they would not breach the barrier but that they needed to make themselves heard, especially since people at the Muang Ake housing estate and Rangsit municipality have been battling high flood waters for a month now. 

Local officials explained that they had done their best but were limited by manpower and lack of funds, adding that they needed direct assistance from the government.

"We believe that if we are flooded, inner Bangkok should also be flooded," Pakornphat Thepuatra-kool, leader of the Rangsit residents' protest group, opined.

Prime Minister Yingluck Shinawatra confirmed yesterday that a compromise had been reached after angry residents in Don Muang area had demolished a section of the barrier. 

Officials have agreed that makeshift water gates would be built at several locations along the flood defenses, to help with water drainage and serve as channels for small boats to go through.