Thailand’s junta has proposed that
the new constitution protect military personnel from prosecution for serious
abuses. The constitution drafters should reject the proposed de facto amnesty.
Coup leader Prime Minister Gen.
Prayut Chan-ocha, in his capacity as the chair of the ruling National Council
for Peace and Order, sent a letter regarding the draft constitution to the
junta-appointed Constitution Drafting Committee on November 11, 2015. The junta
recommended that the drafting committee include a clause that would exempt the
military from civil, criminal, or administrative accountability for the use of
force “in good faith” to protect national security from internal and external
threats.
“A blanket immunity clause in
Thailand’s new constitution would allow the military to commit abuses without
fear of prosecution,” said Brad Adams, Asia director. “Given the Thai
military’s long record of human rights abuses, this would effectively be giving
soldiers a license to kill.”
Thailand’s military has operated
with impunity for decades. Not a single soldier has been held legally
accountable for deaths or injuries during crackdowns on protesters, dating from
the 1970s through the latest political confrontations in April and May 2010. In
2010 at least 99 people lost their lives and more than 2,000 were injured,
mostly from the excessive and unnecessary use of force by the military.
Commanders who gave unlawful orders to fire have also not been held to account.
International human rights treaties
ratified by Thailand make clear that status as a government official does not
permit immunity for serious rights violations. In addition, Thailand has
international legal obligations to ensure the right to an effective remedy for
victims of serious violations, including unlawful killings. A victim’s right to
an effective remedy requires that the government take the necessary
investigative, judicial, and corrective steps to redress the violation and
provide justice and reparations.
“The Constitution Drafting Committee
should immediately reject the junta’s impunity proposal,” Adams said. “The new
constitution should ensure the law applies to all people equally. No one should
be able to escape prosecution and accountability for rights violations.” Human
Rights Watch
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