Thailand
14.02.03
Urgent Interventions
Thailand: anti-drug war leads to mass arrests and extrajudicial killings
Case THA 140203
Extrajudicial killing / Mass arbitrary arrests and detention / Risk of torture / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of allegations of widespread human rights violations, including mass arrests and extra-judicial killings, under the auspices of an anti-drug campaign in Thailand.
According to the information received, since February 1st, 2003 over 100 alleged drug dealers have been killed in Thailand's latest "war on drugs" that has been launched by Prime Minister Thaksin Shinawatra. While addressing the drug problem in Thailand is a serious matter, the current government is reportedly encouraging the police to sidestep judicial procedures, leading to the summary execution of alleged offenders. It is also reported that the police have planted drugs and then detained or killed alleged 'suspects'. The Thai National Human Rights Commission is scheduled to hold talks with the Ministry of Justice and legal experts on February 28th, 2003, but it is feared that many persons may be subjected to arbitrary arrests or execution in the interlude. Our sources indicate that this major crackdown on the drug trade has been scheduled to last for three months.
The Prime Minister is reported to have expressed his satisfaction with the result of the first 10 days of the campaign, during which an estimated 100 people were killed. However, the exact number of casualties is difficult to establish. The Bangkok Post has put the death toll from February 1 to 9 at 183, with 87 of these being drug related. Other media reports cite 144 deaths. NGO sources suggest far higher numbers. But the police have accepted responsibility for only about 20 deaths, citing self-defence as the justification for their actions. Major-General Pongsaphat Pongcharoen alleges that the other deaths were all the result of dealers "killing each other to avoid the risk of betrayal should their accomplices turn themselves in." The Prime Minister has also defended the police, saying, "Do not put the safety of drug dealers above that of police. If the police do not shoot when they fight, they will die." Thailand's Interior Minister, Wan Muhammad Nor Matha, has even endorsed the practice of disappearances, by stating that drug dealers should "be put behind bars or even vanish without a trace... Who cares? They are destroying our country."
In addition to the afore-mentioned casualties, at least 7,000 people have reportedly been arrested by the police, with an additional 70,000 having turned themselves in. 50,000 of these persons are reported as being drug users who are afraid of getting hurt or killed either by the police or by drug dealers. Police and local officials have reportedly been given incentives to carry out as many arrests and killings as possible, including financial bonuses. Many of them have also reportedly been threatened with transfers if they fail to achieve the campaign's objectives. It is evident that with such incentives in place and with such a large number of arrests having occurred, it is highly likely that a significant number of these arrests will have been arbitrary in nature. OMCT also fears that many of the detainees run a risk of being subjected to ill-treatment or torture while in detention and that their procedural rights will be violated, as the number of persons involved in these events will likely overwhelm the judicial infrastructure in Thailand. The names of the persons whose rights have allegedly been violated as part of this operation are not available as yet.
The actions that the police forces have been taking in Thailand are in direct violation of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party, notably Article 6(1), which states that, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." Furthermore, Article 9 states that, "(1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention... (3) 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."
The International Secretariat of OMCT is gravely concerned by these reports of extrajudicial killings of civilians in the name of the "war on drugs," as well as the likely arbitrary detention of a large number of persons. OMCT is also gravely concerned by the allegations of planting of evidence leading to these violations, and the impunity that the perpetrators of these acts may enjoy. OMCT calls on the authorities to immediately halt the use of such acts and to extend an invitation to the United Nations Special Rapporteurs on Extra-judicial, summary or arbitrary executions and on Torture, as well as the UN Working Group on Arbitrary Detention, in order to investigate these very serious allegations.
Action requested
Please write to the authorities in Thailand urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all persons that have been arrested under the anti-drug operation that was launched on February 1st, 2003;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances these arrests and alleged extra-judicial killings, including the allegations of planting of evidence, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee adequate reparation to all persons who have been injured, and the families of those persons who have been killed as a result of this operation;
v. guarantee the respect of human rights and the fundamental freedoms throughout Thailand in accordance with international human rights law and standards.
Addresses
· H.E. Thaksin Shinwatra, Prime Minister, Government house, Pitsanulok Road, Dusit District, Bangkok 10300, THAILAND, Fax: +662 282 8631
· H.E. Purachai Piumsombun, Minister of the Interior, Ministry of the Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226 4371
· Professor Saneh Chamrik, Chairman, c/o Mr. Vasan Phanich, National Human Rights Commission, 422 Phyathai Road, Patumwan, Bangkok 10330, Thailand. Fax: +662 219 2960, e-mail: (c/o) pairit_s@yahoo.com
Please also write to the embassies of Thailand in your respective country.
Geneva, February 14th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Extrajudicial killing / Mass arbitrary arrests and detention / Risk of torture / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of allegations of widespread human rights violations, including mass arrests and extra-judicial killings, under the auspices of an anti-drug campaign in Thailand.
According to the information received, since February 1st, 2003 over 100 alleged drug dealers have been killed in Thailand's latest "war on drugs" that has been launched by Prime Minister Thaksin Shinawatra. While addressing the drug problem in Thailand is a serious matter, the current government is reportedly encouraging the police to sidestep judicial procedures, leading to the summary execution of alleged offenders. It is also reported that the police have planted drugs and then detained or killed alleged 'suspects'. The Thai National Human Rights Commission is scheduled to hold talks with the Ministry of Justice and legal experts on February 28th, 2003, but it is feared that many persons may be subjected to arbitrary arrests or execution in the interlude. Our sources indicate that this major crackdown on the drug trade has been scheduled to last for three months.
The Prime Minister is reported to have expressed his satisfaction with the result of the first 10 days of the campaign, during which an estimated 100 people were killed. However, the exact number of casualties is difficult to establish. The Bangkok Post has put the death toll from February 1 to 9 at 183, with 87 of these being drug related. Other media reports cite 144 deaths. NGO sources suggest far higher numbers. But the police have accepted responsibility for only about 20 deaths, citing self-defence as the justification for their actions. Major-General Pongsaphat Pongcharoen alleges that the other deaths were all the result of dealers "killing each other to avoid the risk of betrayal should their accomplices turn themselves in." The Prime Minister has also defended the police, saying, "Do not put the safety of drug dealers above that of police. If the police do not shoot when they fight, they will die." Thailand's Interior Minister, Wan Muhammad Nor Matha, has even endorsed the practice of disappearances, by stating that drug dealers should "be put behind bars or even vanish without a trace... Who cares? They are destroying our country."
In addition to the afore-mentioned casualties, at least 7,000 people have reportedly been arrested by the police, with an additional 70,000 having turned themselves in. 50,000 of these persons are reported as being drug users who are afraid of getting hurt or killed either by the police or by drug dealers. Police and local officials have reportedly been given incentives to carry out as many arrests and killings as possible, including financial bonuses. Many of them have also reportedly been threatened with transfers if they fail to achieve the campaign's objectives. It is evident that with such incentives in place and with such a large number of arrests having occurred, it is highly likely that a significant number of these arrests will have been arbitrary in nature. OMCT also fears that many of the detainees run a risk of being subjected to ill-treatment or torture while in detention and that their procedural rights will be violated, as the number of persons involved in these events will likely overwhelm the judicial infrastructure in Thailand. The names of the persons whose rights have allegedly been violated as part of this operation are not available as yet.
The actions that the police forces have been taking in Thailand are in direct violation of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party, notably Article 6(1), which states that, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." Furthermore, Article 9 states that, "(1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention... (3) 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."
The International Secretariat of OMCT is gravely concerned by these reports of extrajudicial killings of civilians in the name of the "war on drugs," as well as the likely arbitrary detention of a large number of persons. OMCT is also gravely concerned by the allegations of planting of evidence leading to these violations, and the impunity that the perpetrators of these acts may enjoy. OMCT calls on the authorities to immediately halt the use of such acts and to extend an invitation to the United Nations Special Rapporteurs on Extra-judicial, summary or arbitrary executions and on Torture, as well as the UN Working Group on Arbitrary Detention, in order to investigate these very serious allegations.
Action requested
Please write to the authorities in Thailand urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all persons that have been arrested under the anti-drug operation that was launched on February 1st, 2003;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances these arrests and alleged extra-judicial killings, including the allegations of planting of evidence, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee adequate reparation to all persons who have been injured, and the families of those persons who have been killed as a result of this operation;
v. guarantee the respect of human rights and the fundamental freedoms throughout Thailand in accordance with international human rights law and standards.
Addresses
· H.E. Thaksin Shinwatra, Prime Minister, Government house, Pitsanulok Road, Dusit District, Bangkok 10300, THAILAND, Fax: +662 282 8631
· H.E. Purachai Piumsombun, Minister of the Interior, Ministry of the Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226 4371
· Professor Saneh Chamrik, Chairman, c/o Mr. Vasan Phanich, National Human Rights Commission, 422 Phyathai Road, Patumwan, Bangkok 10330, Thailand. Fax: +662 219 2960, e-mail: (c/o) pairit_s@yahoo.com
Please also write to the embassies of Thailand in your respective country.
Geneva, February 14th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.