On 26 August 2007, at the Islamic Studies College, Prince of Songkhla University (PSU) - Pattani Campus, the Working Group on Justice for Peace (WJP) organized a public hearing on the four-months career training programme, covering its implications for human rights, communities, and the rule of law. About 100 people attended.
Ms. Angkhana Neelaphaijit, the President of the WGJP said that detention of people in the south under Martial Law (which allowed a maximum detention period of seven days) and the 2005 Emergency Decree (30 days maximum detention) was being extended to four months. Most detainees are in military camps in Surat Thani, Chumphon, and Ranong provinces. What the villagers want to know is why, that since these men already have regular jobs, is it necessary for them to attend vocational training. There are also effects on their families who have to survive without the family breadwinner. Most of the wives are not able to work due to the fears they face, which leads to the families not having enough money to support their children's education. Currently, in many Southern provinces large numbers of men are being detained, which could fuel larger conflicts.
Ms. Pornpen Kongkajornkiat, also from the WGJP, presented the findings from interviews with the relatives of those being detained at the vocational training programmes. Currently there are close to 500 persons under the "Protect Southern Thailand" operation. Most are detained without any reasons being given and without charge. In some instances, relatives are informed that detainees will be questioned and released on the same day. However, they are not released, so their relatives have to find out by themselves where their husbands and sons are being detained.
Ms. Pornpen also said that in some cases, villagers are rounded up between 2 and 3 in the morning which is the time of Muslim prayer. Villagers are also rounded up at events where people gather, such as weddings or religious ceremonies in the mosques. In most cases, both youths and older men are rounded up.
During the detention, the authorities refuse visits to the detainees within the first three days, leading to emotional uncertainty on the part of relatives, since they cannot confirm if their relatives are in fact detained or not. And when the maximum period of detention is reached, instead of the detainees being allowed to go home directly, relatives are informed that their sons or husbands have been sent to a vocational training program. Most villagers do not understand due to a lack of information. From visits those that have been sent for vocational training, it is found that prior to being sent for training, they are asked by the officials to choose between two alternatives: 4 months vocational training or trial - which means that participation in training is not voluntary.
The wish of the relatives, Ms. Pornpen said, is that their husbands/sons be released during the Muslim fasting period (September 2007) that they will not have to re-enter the training program and that there be guarantees that they will not be followed or detained again.
Mr. Weerayut Sukjaroen, Deputy Director (Justice Division) of Southern Border Provincial Administrative Centre (SBPAC) said that he could not give any response on the 4-month vocational training programme, which is not under his Centre's jurisdiction since the detainees have not undergone any judicial process. He said that he would bring the proposal and problems to the SBPAC meeting, where the Deputy Director of the Military Division will be present.
Ms. Angkhana then read an open letter to the government demanding reconsideration of the "Protect Southern Thailand" operation and the four-month detention programme, since it is a violation of human rights and the principles of constitutional law. She also urged that normal judicial processes be used in the violent situation in Southern Thailand, so there will be trust that the judicial process is transparent and independent, and ensures equity to both the security forces and the people without discrimination.
The open letter is endorsed by the Working Group on Justice for Peace (WGJP), Union for Civil Liberty, Cross-Cultural Foundation, Young Muslims Association of Thailand, and Muslim Lawyers Centre.
| Open Letter Observations on the Implementation of the Protect Southern Thailand Operation and the 4-month detention This open letter refers to the declaration to use the "Protect Southern Thailand" operation, consisting of 14 sub-operational plans starting from 18 June 2007 onward to arrest and detain alleged suspects relating to the violence in Southern Thailand. Martial Law and the 2005 Emergency Decree are used as legal tools in arresting and detaining suspects for 37 days consecutively. After this period, those detained are being sent to a "vocational training" programme for 4 months for the purpose of security and building opportunities for alleged militants, in the hope of removing "sympathizers" of the insurgent movement. The non-governmental organizations human rights listed below, based on joint fact-finding field missions and a review of media reports, make the following observations. 1) On arrests and detention Arrests are made using methods such as surrounding villages, farms, and mosques, usually before dawn, with large numbers of security personnel dressed in black or military uniform carrying heavy and light arms. Homes are entered without arrest warrants. In many cases, villagers are forced by the security forces to assemble for the purpose of inspection using bomb detector equipment. Based on the results of the inspections, numbers of villagers are usually sent for detention in facilities that are not recognized places of detention, but usually the offices of the investigating officials, where detainees are interrogated as to whether they are related to violent activities in the South. Usually suspects are not charged or given any information on which incidents are the subject of the interrogations. These actions are direct violations of human rights and the principles of the rule of law. Section 3, Paragraph 2 of the 2007 Constitution states that "actions of government agencies must be conducted according to the principle of the rule of law". Section 27 of the Criminal Code states that "administrative or police officers cannot arrest anyone without an arrest warrant or court order" and Section 87 directs that detention after arrest should not exceed the needs and circumstances of the case, and that if the detention time is to be extended the suspect must be accompanied by lawyers, appointed either by himself or by the court. These sections of the Criminal Code are in line with the principles of the UN International Covenant on Civil and Political Rights, which Thailand has ratified. Article 9, Paragraph 1 of this Covenant states that "everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law". Article 9, Paragraph 3 also mentions that "Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement." Article 1 of the International Law on the Principle of the Protection of Persons Being Arrest or Detained (UN Standards on the Judicial Process - Document accompanying the 11th UN Congress on Crime Prevention and Crime Justice in Bangkok) also stresses that "persons being arrested or detained should be treated humanely and their human dignity shall be respected". Article 3 states that "the human rights of detainees cannot be limited or degraded by issuing laws, conventions, acts which are in violation of these rights". 2. Detention of suspects by government officials using the Emergency Decree, and the use of 4-month detention periods for vocational training contradict international human rights principles and the Thai penal code. There is evidence that: 2.1 There are cases where government officials proceed arbitrarily with arrests. Detainees are given two choices, which are to attend a 4-month vocational training session or to face legal actions. This is a clear human rights violation since those arrested are not proper charged with a specific offence. The four-month vocational training is simply a method of detention without legal process. The government claims that this is being done under the revocation of Section 87 of the Penal Code by virtue of the imposition of Martial Law and the Emergency Decree, which gives officials the authority to act under the emergency procedures. However, these extraordinary measures contradict human rights law. 2.2 It has been found at least six youths aged less than 18 years, elders, and persons with disabilities have been arrested. Section 40 (6) of the 2007 Constitution, states that "children and youths, elders, and persons with disabilities must receive proper legal procedures", which must be in line with international human rights principles, that youths and adults need to be separated in detention. The human rights organizations listed below have serious concerns on the Protect Southern Thailand Operation and the four-month detention programmes. We make the following recommendations and demands:
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Translated by Pokpong Lawansiri
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