คนเสื้อแดงอเมริกา ส่งหนังสือถึง"บารัค โอบาม่า"หยุดสัมพันธ์"เผด็จการไทย"
Published on Feb 12, 2016
นายประจวบ เจริญสุข ตัวแทน Red USA กลุ่มคนเสื่อแดงในอเมริกา ให้สัมภาษณ์ Thaisvoicemedia กรณีการเดินทางเยือนสหรัฐอเมริกาของ พล.อ.ประยุทธ์ จันทร์โอชา นายกรัฐมนตรีไทย เพื่อร่วมประชุมสุดยอดผู้นำอาเซี่ยนสหรัฐอเมริกาสมัยพิเศษ ( US-ASEAN Leader Summit ) ซึ่งจัดขึ้นที่เมือง Rancho Mirage รัฐแคลิฟอร์เนีย สหรัฐอเมริกา ระหว่างวันที่ 14-18 กุมภาพันธ์นี้ว่า กลุ่มคนเสื้อแดงในอเมริกา ซึ่งเป็นองค์กรไม่เกี่ยวข้องกับกลุ่มการเมือง หรือพรรคการเมืองใด เป็นคนไทยที่รักประชาธิปไตย ต่อต้านอำนาจเผด็จการในประเทศไทย ได้ทำหนังสือถึง องค์กรระหว่างประเทศหลายองค์กร รวมทั้งส่งถึงนายบารัค โอบาม่า ประธานาธิบดีสหรัฐอเมริกา ให้ร่วมกันกดดันรัฐบาลเผด็จการทหารไทย หยุดละเมิดสิทธิเสรีภาพ หยุดทำร้ายประชาชน หยุดใช้อำนาจทำลายกระบวนการยุติธรรม และหยุดร่างรัฐธรรมนูญเผด็จการ ให้คืนอำนาจกับประชาชนเพื่อเลือกตั้งปูทางไปสู่การร่างรัฐธรรมนูญ การเดินทางเยือนอเมริกาของ พล.อ.ประยุทธ์ ครั้งนี้ กลุ่มคนเสือ้แดงกว่า 200 คน จะเดินทางไปร่วมชุมนุมต่อต้านด้านนอกห้องประชุม เพื่อส่งเสียงและเปิดโปงความเลวร้ายของรัฐบาลเผด็จการไทย ต่อสื่อต่างประเทศ และกดดันให้ นายบารัค โอบาม่า อย่าทำผิดรัฐธรรมนูญอเมริกา ที่ห้ามสนับสนุนหรือคบค้าสมาคมกับรัฐบาลเผด็จการ แม้กระทั้งการร่วมถ่ายรูปกับผู้นำเผด็จการไทย ก็ไม่ควร เพราะเป็นการสร้างความเสื่อมเสียให้กับ ผู้นำสหรัฐฯในฐานะที่เป็นผู้นำประชาธิปไตยของโลก
Part 2 - Letter from Red-USA to President Obama, UN, EU and ASEANS Parliament. Appendix I
Mr. President, I have 41 major reasons that you should uninvited the Thai junta to this summit:
1. General Prayuth Chan-ocha’s is not a legitimate government. He overthrew the elected government of Yingluck Shinawatra in a coup, and appointed himself as a Prime Minister. He nullified the constitution and pardoned himself and his armies.
2. Immediately after the putsch, hundreds of civil society activists, academics, journalists and politicians were arbitrarily detained, as authorized by his own martial law.
3. The practice continues on a smaller scale under the title of “attitude adjustment.” Ordinary people who have committed no crimes but displease the junta are detained for indefinite periods at undisclosed locations without charges or access to lawyers where they are forced to sign an agreement that they will no longer speak out against the junta.
4. The junta is jailing and prosecuting dissenters, barring public protests, censoring the media, restricting critical political speech and continued to ban political activity and peaceful gatherings, carried out hundreds of arbitrary arrests and detentions, and has disregarded serious allegations of torture and ill-treatment of detainees in military custody.
5. A second unacceptable draft constitution has been written by a military-appointed legal committee and elections are now postponed until mid-2017, three full years after the coup. The junta’s newly appointed senators deliberately prolong the constitution drafting process in order to allow the junta to remain in power. The new draft constitutions include hidden clauses which would allow the army and the royalists to retain its power forever.
6. General Prayuth invoked a new constitutions including Article 44 granting absolute authority to a single entity, the NCPO (National Council for Peace and Order), of which he is the head. Through Article 44, General Prayuth Chan-ocha grants himself the supreme power above the Charter Court, Congress, Senate, and the Executive Branch. Including granting pardon to himself and all of his soldiers.
7. General Prayuth lied to the UN General Assembly 70 in New York, September 27, 2015 (from minute 2:57 of the video). He spoke of “justice,” “equality,” “laws protecting the helpless,” “transparency,” “Thailand has always accorded priority to protecting and promoting human rights for all groups of people,” and “health care for the elderly and the disabled”; but his actions have been totally the opposite. It is a serious issue that the Thai junta misuses the UN podium to mislead and deceive the world leaders.
8. Charles Santiago, chairman of the ASEAN Parliamentarians for Human Rights (APHR) demanded that the international community “take a stand” in support of democracy in Thailand and against the actions of Prayuth. Urging governments around the world to press for an immediate halt to human rights violations and a return to democratic civilian rule in Thailand, Santiago warned that the international community’s “failure to take serious measures” to push for a return to democracy in Thailand is sending a “dangerous signal” to the rest of the region.
9. The junta severely restricted academic freedom by “forcing the cancellation of at least 60 events, seminars, and academic panels on the political situation and human rights… because it deemed the events a threat to stability and national security,”
10. During the past year, 24 students have been frivolously charged with sedition for criticizing the military or violating the ban on public assembly since the coup.
11. Article 112, the lèse majesté law is unconstitutional and in violation of basic universal human rights. Furthermore, it is implemented without proper legal due process. For instance, there is no transparency in the lese majesty court cases. This charge is often added to, or used in place of charges of actual crimes, in order to get a quick conviction and evade due process. The law is not well defined, which allows law enforcement and judges to abuse it. The plaintiff can be anybody. They can file the complaint, walk away, and let the corrupted court system convict the defendant. The plaintiff is not required to be in the court room for cross examination. Thai court system have been in violation of due process of law, and the King has failed the moral obligation to help the innocent victims who are convicted. Many victims have died in jail.
12. A list of lese majeste law victims can be found in this esteemed website https://thaipoliticalprisoners.wordpress.com/
13. Since the coup, at least 56 people have been charged with lèse majesté (this figure comes from 6 months ago and new cases continued to be reported at a rapid pace). At least two of these died in jail almost immediately after being taken into detention. These cases are now being tried in military courts, which lack independence and fail to comply with international fair trial standards.
14. US Ambassador to Thailand, Glyn Davies, was accused of lèse majesté just for mentioning American concerns about the lèse majesté law.
15. Frank Anderson, The Post-Gazette’s Jan. 28 editorial “Thailand’s Aid” citing apparent violations of law in continued U.S. military aid to Thailand, now handicapped by yet another insular junta, was valid and important to inform American taxpayers about.
16. General Prayuth Chan-ocha has been a vicious dictator, denying basic freedoms, and using intimidation, torture, and unlawful violence to maintain hold on power. The junta soldiers have been actively engaged in crackdown on civil society organizations and the media, while allowing high-level corruption and cronyism to flourish.
17. Frank G. Anderson of Post-Gazzett Jan 28, 2016 reported “Americans pay for much of the military aid going to Thailand. Sadly that aid is most often used against the innocent Thai people, notably democracy and human rights advocates, rather than external enemies”
18. August 6, 2015, in the Trafficking in Persons (TIP) Report, the US Department of State again designated Thailand as a Tier 3, lowest-level violator of minimum standards. The Thai junta government “is not making significant efforts to [eliminate trafficking].”
19. The ICC (International Coordinating Committee for National Human Rights Institute) has downgraded Thailand's National Human Rights Commission (NHRC) from full membership to “B” or "observer" status only. In 2014, Thailand NHRC was given a one-year grace period to correct the problem but had failed to do so.
20. In August 2015, a class action lawsuit was filed in San Francisco Superior Court against Costco and Thailand’s CP Foods, the world largest seafood exporter for use of slave labor. This unlawful and unethical conduct has been documented in great detail by nongovernmental organizations including the London-based Environmental Justice Foundation.
21. Slavery is considered abhorrent, morally indefensible, and against the interests of all humanity. It is outlawed, not just in Thailand, but in almost every country in the world. Rather than truthfully admitting and taking appropriate action to correct the problems of human trafficking, which every nation must deal with, the Thai junta has made every effort to cover up stories of human trafficking, and to silence news reporters, student activists, or anyone raising questions about the issue.
22. This year, Thailand’s own top human trafficking investigator, Police Major General Paween Pongsirin, was driven into exile in Australia, in fear for his life after his investigation pointed out many high-level Thai government, military, and policies officials involved in human trafficking.
23. The ongoing controversy over alleged corruption at a military-sponsored park and other events to honor Thailand’s monarchy is becoming a big headache for the military government, as it struggles to uphold an image of “clean rule” while cracking down on those calling attention to ongoing government corruption; ironically, these critics are charged with “sedition.” Arrest warrants were issued against 30 students attempting to protest corruption at the park, and they have been continually harassed over a period of months, including arrests and releases, threats from officials to their parents who are asked to control them, enforced disappearances, and frivolous charges of lese majesty.
24. Obviously, most international observers consider the May 22, 2014, coup illegitimate. The protests calling for an overthrow of the elected government were limited to certain areas of Bangkok (areas most visible to foreigners) but did not involve the whole country. The security situation did not justify dissolving the constitution and imposing martial law. The coup leaders used the protests as an excuse to take control, claiming military rule was necessary to maintain order. In doing so, they lie and attempt to deceive to the world.
25. Prior to the May 2014 coup, while the pro-royalist mob (yellow shirts) were shutting down Bangkok, occupying government buildings, disrupting traffic and businesses for six months. Arrest warrants were issued against the mob leaders, hundreds of the hardcore members of the mob were arrested, but the court dismissed them all.
26. Obstruction of justice, bias, and selective conviction are the rule rather than the exception in Thailand today. The judicial system is so corrupt; the high court judges violate the laws, and willfully convict or free certain people. https://www.aa.com.tr/…/thailand-slammed-for-droppin…/501675
27. During the time of crises, the army of General Prayuth Chan-ocha did nothing to help protect the elected Government of Prime Minister Yingluck Shinnawatra. Instead of defending the elected government from the mob, the military overthrew the elected government.
28. The royalists and the current junta are extremely fearful of democracy. On February 2, 2014, the election day, pro-royalist Somchai Srisutthiyakorn (who was also the Election Commissioner), purposely helped the mobs interfere with the election process, confiscated the ballots boxes in numerous locations, and successfully boycotted the election. Voters were attacked while entering the voting areas.
29. In reference to the 2010 crackdown on Red Shirt protesters, Brad Adams of Asia Director of Human Rights Watch is quoted as saying: “Despite killings by soldiers of protesters, medics, and even reporters in broad daylight in downtown Bangkok for all the world to see, Thailand’s institutions have closed ranks to protect the army and politicians from justice. This adds insult to injury to victims and their families as they watch yet another stage in nearly six-years of attempts to airbrush the crimes of officials and soldiers from Thai history.”https://www.hrw.org/tet/node/285054
30. The Thai police have a huge credibility problem, as illustrated by the notorious case of the two British backpackers murdered at Koh-Tao Island. Evidence was fabricated to assure the wrongful conviction of two Burmese immigrants. The junta boss sent his own police from Bangkok to Koh-Tao Island, and they were able to make arrests and extract confessions from the two young men in a few days; these men later claimed they were tortured and forced to confess.
31. Obviously, the Burmese did not have a fair trial and proper due process of the laws. Dr. Porntip Rojanasunan, a Thai forensic expert said DNA evidence was not a match for the accused. Thai police were unwilling to cooperate with the British investigator during the investigation.
32. Thai junta judicial abuse against Prime Ministers Thaksin and Yingluck Shinawatra is in violation of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment General Assembly resolution 39/46 of 10 December 1984, and Article 1.1, which includes “mental tortured” as equivalent to “physical” torture.
33. The Thai junta, NACC (National Anti-Corruption Commissioner) filed a frivolous lawsuit against formal Prime Minister Yingluck in the rice subsidy program, with ridiculous legal due process is constituted “mental torture.”
34. Thai Junta charged Prime Minister Thaksin with lese majesty law, article 112. is constituted “mental torture.”
35. The junta revoked passports of former Prime Minister Thaksin and hundreds other political opponents in and outside Thailand. Even though they never been arrested or convicted of any crime.http://www.bangkokpost.com/…/chaturon-petitions-admin-court… is constituted “mental torture.”
36. A whole population is frightened into silence when random people are punished for displaying their lack of enthusiasm for dictatorship. A 77-year-old retired school teacher in Thailand was stopped as he was leaving the country on vacation and arrested on sedition charges for giving flowers to an anti-military protester.http://time.com/40883…/thailand-preecha-kaewbanpaew-flowers/
37. In reference to the 2010 crackdown on Red Shirt protesters, Brad Adams of Human Rights watch is quoted as saying: “Despite killings by soldiers of protesters, medics, and even reporters in broad daylight in downtown Bangkok for all the world to see, Thailand’s institutions have closed ranks to protect the army and politicians from justice. This adds insult to injury to victims and their families as they watch yet another stage in nearly six-years of attempts to airbrush the crimes of officials and soldiers from Thai history.” https://www.hrw.org/tet/node/285054
38. The UN human rights chief recently urged the Thai government to do more to determine the fates of 82 people listed as disappeared, including a prominent human rights lawyer missing for 12 years. Thailand does not recognize the crime of enforced disappearance.http://www.thesundaily.my/news/1657898
39. On September 26th, 2015 New York, General Prayuth Chan-ocha received an award for Thailand’s ICT development (Information Computer Technologies) which was the work achieved by former Prime Ministers Thaksin and Yingluck Shinawatra, whose elected governments he had overthrown. Instead of promoting ICT development, the Thai junta has been making every effort to limit the freedom of people having access to the internet and social media. A “Single Gateway” for the Internet has been seriously proposed by the junta; it is a plan similar to the “Great Firewall” in China and the Internet censorship of North Korea.
40. Thailand's junta is ramping up pressure on internet giants Google and Facebook -- and the popular messaging app Line -- to scrub the country's web of any content it dislikes, officials confirmed on Jan 28, 2016 - See more at: http://mizzima.com/…/thai-junta-push-google-facebook-and-li…
41. “Respect for human rights in Thailand is going down the drain,” said Brad Adams, Asia Director of Human Rights Watch, urging the international community to “press the junta to reverse course, end repression, respect fundamental rights and fulfil its pledges to return the country to democratic rule”.
Thailand has violated the ASEAN Charter and the following treaties and international laws
• The Huahin-Chaum Treaty on March 1st, 2011
• The Bali Treaty on February 24, 1976
• TAC (Treaty of Amity and Co-Operation in South-East Asia, 1976)
• Acquis Communautaire
• Charter of United Nation
• Convention against Corruption, 2003
• United Nation Resolution 827, 1993 (4)
• ASEAN Economy Charter (AEC)
• The Geneva Convention, 1949
• Humanitarian Law
• UN International Covenant on Civil and Political Rights (ICCPR) which Thailand ratified in 1996.
• Human Rights Law
• Customary Rules of the International Law
• UN Memorandum of Understanding
• Bilateral Treaty derived from the Multilateral Treaty
• The JWG (Join Working Group) in Oct 1991, July 1992, Jan 1994, Sep 1994