ที่มา Thai E-News
Yingluck: If we have evidence that the soldiers killed the people, they would have to face jail as determined by the judicial process.
BBC commented that if Yingluck were to be able to do as said, it would be the first time in Thailand history, but BBC expressed doubt.
ฺิBy Thai E-news
อ่านพากษ์ภาษาไทย คำถามตัวโตๆต่อรัฐบาลนี้(2):เมื่อไรจะเอาคนสั่งฆ่าไปขังคุก มันลำบากตรงไหนกับการให้สัตยาบันICC?
The ‘Big Question’ for this government which came from great sacrifice of many of their supporters who lost their lives, limbs, and still continue to be ‘iron wall’ for the government is--- when will you release those on the side that got killed to freedom, and when will you put those that kill in prison.
Question No. 2: When will you bring the killers to justice? When will you accede to the Rome Statute of the ICC?
Latest, Col Sansern Kaewkamnerd, spokesperson for the Centre for the Resolution of the Emergency Situation (CRES), said CRES came into existence through the Executive order of then Prime Minister Abhisit Vejjajiva, while Suthep Tueksuban, deputy prime minister, was CRES Chairman.
It can simply state that the military will not be able to act in dispersing the Red Shirts without having special order from CRES, which in turn got its from Abhisit and Suthep.
Col Sansern, again, stated in the press conference yesterday (22 November 2011) that he witnessed this.
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“My testimony did not intend to direct or point finger at anyone. As to how Mr. Abhisit and Mr. Suthep would take this, I am not sure how they feel, but all of us had duties to do. They had theirs; military had its own”.………………………
The Big Question is when will the government bring Abhisit, Suthep to justice?
Police Major Gen Anuchai Lekbamrung, deputy metropolitan commissioner, who is head of police investigation unit on the 16-death stated that the investigation was under his control, but filing charge was under DSI control. It is the responsibility of the DSI to bring whomever to justice.
The Big Question following the previous question is how much confidence or trust should we have on the DSI bringing charge to Abhisit, Suthep, and military leaders who ordered the firing to kill?
When the BBC documentary, Thailand – Justice Under Fire, reported conversation with anonymous DSI official that said:
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“(DSI) has policy to blame the Red Shirts in every case as much as possible. If you could not find the perpetrator, blame the Red Shirts. This is the order from the chief of DSI”.
“If you could not find who fired the shot, you have to assume that the Red Shirts and their supporters did it”.
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The Big Question is, will Tharit Pendit, chief of the DSI, continue to have this same policy in the new government?
The Big Question for the government who is boss of DSI is, if he obstructs, why keep him?
Another Big Question is, when Chalerm made comment that Abhisit and Suthep would ‘shaking all over’ and would ‘lost some sleep’ when they learnt about the finding of 92-death case. Is this real or just ‘talk’? Up until now, Mark-Tuek still around. Even ‘ThepTuek’ had admitted at Rachaprasong before July 3 elections that he issued the order firing to kill.
I ordered everything I am responsible , Suthep
So, what is the wait? After one and half year had passed, why justice cannot even touch ‘Mark-Tuek little pinky fingers’?
The problem is in the ‘double standard’ of Thai justice system in the past 5-6 years. Thai people and the international community all lost faith. Should Mr. Tharit had a change of heart, and prosecuted the 92-death case faithfully and straightforwardly; how much trust can we have on the other elements within the judicial process such as attorney- general, judge, prison administration, etc.?
This was why the International community trying to persuade the Thai government to fight against impunity by acceding to the Rome Statute of the International Criminal Court (ICC).
On 3 October 2011, the Coalition for the International Criminal Court – CICC sent a letter to Yingluck government pledging with Thailand to join the ICC. The letter read in part:
---the Coalition—a global network of more than 2,500 civil society organizations in 150 countries advocating for a fair, effective and independent ICC—urged the government of Thailand to move forward with the accession process of the Rome Statute.
Thailand’s accession to the Rome Statute would provide an important example to other ASEAN member states. “Thailand, as a leading country in the ASEAN, has been in the forefront of promoting human rights in the region,” noted Evelyn Balais-Serrano, the Coalition’s regional coordinator for Asia-Pacific. “With a new government, it is time to consider ratification of the Rome treaty in its efforts to forge unity among its people and its neighbouring countries. Its commitment to ending impunity and pursuing justice for victims of past conflicts are in line with the goals and spirit of the Rome Statute and the ICC,” she stated.
The Coalition also recalled Thailand’s participation in the Rome Conference and its subsequent steps toward accession. In recognition of some legal challenges that have surfaced with regards to compatibility between the Rome Statute and Thai domestic legislation, the Coalition called on Thailand to draw examples from states parties that have successfully addressed similar compatibility issues. By addressing these issues, the new government would demonstrate its commitment to the protection and promotion of human rights.
“As it undergoes major reforms, the new administration would benefit from accession to the Rome Statute, as it would show the Thai people’s concern for and solidarity with the sufferings of victims of conflicts in Asia and around the world,” stated Dr. Taejing Siripanich, commissioner of the Thai Human Rights Commission and head of the ICC Working Group in Thailand.
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The attempt to have Thailand joined the ICC in October failed, because maybe in part due to massive flooding problem that took all the government attention.
A Big Question for this government is, should the flooding problem subsided, is it time for the government to join Rome Statute as a way to bring heinous criminal to justice through the ICC?
In the Rome Statute Part 2, Article12 Section 3, there is a provision that allows the criminal to be prosecuted by the ICC even though the country is not the signatory to the ICC. It requires only country’s acceptance of the ICC jurisdiction.
So why waits?
It’s obvious, the ‘big question’ for this government which came from great sacrifice of many of their supporters who lost their lives, limbs, and still continue to be ‘iron wall’ for the government is--- when will you release those on the side that got killed to freedom, and when will you put those that kill in prison.
The old formulaic answer that calls for ‘for reconciliation’ that allows Red Shirts to continue to be in jail, killers allowed to be on the loose, the commanders scot-free awaiting amnesty, and ‘real Commander’ receives ‘worship’ as usual as if nothing had happened, then
The ‘Big question’ remains.
The big question is really this: When will there be justice. If there is no justice, there is no stability. If there is no stability, there is no peace.
So, No Justice, No Peace!
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Related Topics:
-Series of ‘Big Questions’ for this Government: First question, Do you have any heart? Why you ignoring the Red Shirts still in Prisons
-Bangkok Post:2010 crackdown complaint to ICC
A complaint will be filed with the International Criminal Court (ICC) in the Netherlands asking it consider last year's crackdown on the red-shirt protesters as a special case, Pheu Thai party list MP Sunai Julapongsathorn said on Monday.
Mr Sunai, in his capacity as chairman of the House committee on foreign affairs, announced this at a press conference in the presence of Pheu Thai list MPs Charuphan Kuldilok, Khattiyaa Sawasdipol and Pol Col Nitiphum Navarat.
The committe chairman said a complaint filed on behalf of Thailand regarding the deaths of 91 people in the crackdown between April 10 and May 19 last year had made little progress, causing pain for the relatives of the dead, who included Ms Khattiyaa, daughter of Maj-Gen Khattiya Sawasdipol or Seh Daeng.
Those who should be held responsible for the deaths were then-prime minister Abhisit Vejjajiva and then-deputy PM security affairs Suthep Thaugsuban, who was director of the Centre for the Resolution of the Emergency Situation (CRES), he said.
To ensure justice for all, Mr Sunai said he would leave for The Hague in the Netherlands on Dec 9 to file a complaint with the ICC, asking that is treat this as a special case.
Ms Charuphan said since the cabinet had ratified the ICC Rome Convention of 2000 in 2009, Thailand is a full member of the ICC and can file a complaint.
Ms Khattiyaa said she had asked the Abhisit government if any progress had been made in the investigation of her father's death but to no avail.
So, the case should instead be in the hands of the ICC to deter criticism which might be made against Prime Minister Yingluck Shinawatra.
Pol Capt Nitiphum said that the decision to send Mr Sunai, as chairman of the House committee on foreign affairs, to The Hague to ask the ICC to accept the case for consideration was intended to ensure justice to all concerned, including Mr Abhisit and Mr Suthep.
