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| United Nations Secretary general Ban Ki-moon (L) watches General Prayuth Chan-ocha, Prime Minister of Thailand, sign his guest book September 27, 2015 at the United Nations in New York. AFP PHOTO/DON EMMERT |
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From: Red-USA, Los Angeles, CA
email: REDUSA1975@GMAIL.COM
Date: October 4th, 2015
To: His Excellency UN Secretary-General Ban Ki-moon
United Nation, New York, NY 10017
Re: UN GA on 09-27-2015 General Prayuth Chan-ocha’s speech
Subject: General Prayuth Chan-ocha lied to UN members
Dear Mr. Ban Ki-Moon:
In reference to the Thai junta’s speech at the UN General Assembly on September 27, 2015, General Prayuth lied to the UN members; his words and actions also contradict each other. He emphasized the words “justice,” “equality,” “laws protecting the helpless,” “transparency,” and “health care for the elderly and the disabled”; but his actions have been totally the opposite.
We, the Thai citizens in the United States and in Thailand have been deprived of democracy, excluded from political participation, subject to injustice, and stripped of human rights, despite engaging in nonviolent action to have our voices heard under the oppression of Article 44.
As a result of Article 44, absolute authority is granted to a single entity, the National Council for Peace and Order (NCPO), led by self-appointed Prime Minister Prayuth Chan-ocha. This authority has permitted the Military Courts to retain jurisdiction over civilians in cases of national-security crimes and violations of NCPO orders.
Hundreds of people were summoned (by announced in the television) to report to NCPO for interrogation and attitude adjustment. If failed to report in 7 days, additional charges will be added. Hundreds fled the country or court martialed and jailed.
A few weeks before General Prayuth departed for the UN; a reporter from a local Thai newspaper, Nation was summoned, blindfolded, retained in the dark room for attitude adjustment. Then released 4-5 days later, he resigned from his employment.
Consequently, Thai civilians cannot assemble in groups larger than five individuals to discuss politics, cannot express discontent with the military coup or current political situation in Thailand, can be detained for seven days without charges or bail, and are tried in military court in contrast to civil court, with no possibility for appeals.
Since the 2014 coup, the junta has detained hundreds of politicians, activists, journalists, and citizens that it has accused of supporting the deposed government or being involved in anti-coup protests and activities. Many of the detainees were and are held without charge, and many political prisoners continue to await trial.
Persons released from military detention are forced to sign an agreement that they will not speak out about the political situation, become involved in political activities, or leave the country without permission from the junta.
We are specifically concerned with the injustices against news reporters, journalists, political prisoners, wrongfully convicted prisoners on les-majesty laws and the 14 students in the New Democracy Movement. They are facing charges related to NCPO Order No. 7/2014 (against political demonstrations of more than 5 people) and Article 116 of the Criminal Code (the law on sedition), and by similar-minded political detainees.
These groups have attempted to organize in support of human rights, but have faced oppression from the Thai government under the provisions of Article 44. Thai citizens do not have the right to speak freely for themselves. It is important to utilize international accountability to ensure that the students' concerns are heard.
The following are the list of General Prayuth’s contradictions:
1. General Prayuth Chan-ocha’s is not a legitimate government. He overthrew the elected government and appointed himself as Prime Minister. He nullified the constitution and granted amnesty to himself and his armies. He also implementing new draconian constitutions, appointed over 100 army generals as senators and ministers. He should not be honored by the United Nations.
2. Obstruction of justice, bias, and selective conviction is the rule rather than the exception in Thailand today; Judge Vasun Soipisut, the head judge of Constitutional Court intentionally misinterprets Article 68, expanded authority and jurisdiction of his court, and bypassed the Prosecutor General investigation, sabotaged political opponents. Where the cases have been against the pro-junta side, all case have been dismissed.
3. General Prayuth contradicted himself when he spoke to the UN of “laws to help the helpless” while in Thailand hundreds of political prisoners continue to be wrongfully jailed under the lese majesty law (Article 112 against “insulting” royalty), involving 100% convictions, mandatory prison term up to 15 years, and several people already dying in jail. This law lacks proper legal due process. The plaintiff can be anyone and is not required to be in court for cross examination. This law has been most misused in Abhisit Vejjajiva and General Prayuth Chan-ocha’s regimes.
It is so abusive that the junta applies this law to sabotage political opponents. This is unconstitutional and in violation of our basic human rights.
4. General Prayuth contradicted himself when he spoke to the UN of “Healthcare for the poor and disable”
Healthcare for the poor (THB 30 or $1 co-pay) and supplemental income for the elderly of 600 THB (US $20) a month was successfully implemented by former Prime Minister Taksin and Yingluck Shinnawatra, were eliminated after General Prayuth overthrew the Yingluck government. But military spending has increased tremendously.
5. The junta’s army generals hold two positions (army and minister) simultaneously with two salaries. They are exempted from disclosing personal assets. There are no checks or balances of any kind. There is no transparency whatsoever. This form of government is pure dictatorship.
6. Newly junta-appointed senators prolong the drafting process for the new constitution, including hidden clauses which would allow the army to retain its power forever.
7. On September 26th, 2015 General Prayuth received an award for ICT development which was the work achieved by former Prime Minister Taksin and Prime Minister Yingluck Shinawatra, whose elected governments he had overthrown. Free computer tablets for all Thai students, project ended in General Prayuth’s regime, fears of students having access to social media.
8. The junta is in violation of the UN International Covenant on Civil and Political Rights (ICCPR) which Thailand ratified in 1996. ICCPR Article 19 guarantees the right of freedom of expression, including the “freedom to seek, receive and impart information and ideas of all kinds, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
In conclusion, Thailand’s commitment on human rights issues remains unfulfilled. Thai laws contain numerous provisions that greatly limit the right to freedom of opinion and expression. Legislation that is inconsistent with international human rights standards and breaches Thailand’s obligations under international law include: Articles 112 (lèse-majesté), 326 (defamation), and 328 (libel) of the Criminal Code; Articles 14 and 15 of the 2007 Computer Crimes Act
It is a serious issue that the Thai junta misuses the UN podium to mislead hundreds of other world leaders. We need your help to protect 68 million helpless Thai people so they have basic universal human rights and constitutional rights. Your action will transform the lives of the Thai people.
Therefore, we ask the United Nations to take appropriate action against the Thai junta and share this letter with the UN members. So, they can be aware of truth and vote correctly. Your attention in this matter is highly appreciated.
The following is our demand from the Thai junta:
1. Rescind Article 44, which gives the NCPO leader sweeping and unchecked dictatorial powers.
2. Demand civil, not military, trial for all civilians.
3. Renounce NCPO Order Number 7/2014 prohibiting political assembly and article 116 of the military harassment of community and student groups.
4. Demand that General Prayuth drop all charges against all political prisoners, including the 14 students from the New Democracy Movement.
5. Reopen investigations and re-trial all cases that were wrongfully convicted, due to improper legal due process. This would be the best way for Thailand’s current rulers to prove to the world they believe in democracy, as they claim.
6. Compensate the dead victims or their family members for their suffering.
7. Respect the rules of the international laws and principles of human rights.
Respectfully,
Prachuab Charoensuk
Red-USA in Los Angeles, CA
Advocate for Thailand Democracy and Human Rights
Please click the links below to see the details of other violations that Thai junta failed to correct or implement any preventive measure.
Appendix:
Human Right Violations in Thailand
http://www.lrwc.org/category/letters/thailand-letters/
https://www.fidh.org/IMG/pdf/20150921_t … foe_en.pdf
https://tlhr2014.files.wordpress.com/20 … 4-coup.pdf
Thailand: Trials of civilians in military courts violate international fair trial rights: Judicial harassment of lawyers and human rights defenders | Statement
http://www.lrwc.org/thailand-trials-of- … statement/
Article 112: "Whoever defames, insults or threatens the king, queen, heir-apparent, or regent shall be punished with imprisonment of three to fifteen years."
Section 44 empowers the NCPO leader to issue any order "for the sake of the reforms in any field, the promotion of love and harmony amongst the people in the nation, or the prevention, abatement or suppression of any act detrimental to national order or security, royal throne, national economy or public administration, whether the act occurs inside or outside the kingdom". The orders so issued are all deemed "lawful, constitutional and final".
Article 116 of the Criminal Code states that whoever makes apparent to the public by words, writing or any other means anything which is not an act within the purpose of the constitution or which is not the expression of an honest opinion or criticism (a) in order to bring about a change in the laws or the government by the use of coercion or violence, (b) in order to raise confusion or disaffection amongst the people to the point of causing unrest in the kingdom, or (c) have people violate the law, shall be punished with imprisonment not exceeding seven years.
Section 68 of the Constitution currently states in paragraphs 1 and 2:
No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of the State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution.
In the case where a person or a political party has committed the act under paragraph one, the person knowing of such act shall have the right to request the Prosecutor General to investigate its facts and submit a motion to the Constitutional Court for ordering cessation of such act without, however, prejudice to the institution of a criminal action against such person. (Constitution of the Kingdom of Thailand B.E. 2550 (2007), Senate of Thailand website.)
!!�SEP26, 2015 ประท้วงประยุทธ์ หน้า UN New York USA มีผู้รักประชาธิปไตยเดินทางมาจากทุกมุมโลก ไฮไลท์ อ ปวิน มาทวงถามว่า ทำไมถึงยึดพาสปอร์ตผม!!"
1. Protesting Prayuth Chan-ocha at the UN, New York on 26 September 2015
https://www.youtube.com/watch?v=UN3-Qx74Bo4&feature=youtu.be
2. Protesting Prayuth Chan-ocha at the UN, New York on 26 September 2015
https://www.youtube.com/watch?v=tvnUPBENp8c&feature=youtu.be
3. Dr Pavin's intervention at the UN, New York, 26 September 2015
https://www.youtube.com/watch?v=av4ydzGpkto
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Related story:
READOUTS
Readout of the Secretary-General’s meeting with H.E. Gen. Prayuth Chan-ocha, Prime Minister of the Kingdom of Thailand
New York, 27 September 2015
Today, the Secretary-General met with H.E. Gen. Prayuth Chan-ocha, Prime Minister of the Kingdom of Thailand.
The Secretary-General expressed his condolences for the recent Erawan Shrine bombing in Bangkok. He thanked Thailand for its leadership in addressing the recent refugee crisis in Southeast Asia and strongly encouraged ASEAN Member States to discuss preventive measures to address the issue.
The Secretary-General conveyed his concern about the shrinking democratic space in Thailand and emphasized the need to uphold freedom of speech and assembly.
The Prime Minister and the Secretary-General discussed the Government’s roadmap to the elections, now scheduled for July 2017.
The Secretary-General congratulated Thailand on its election as Chair of the G77 in 2016. He urged Thailand to further key issues of global relevance in this capacity, notably sustainable development and climate change.
http://www.un.org/sg/offthecuff/index.asp?nid=4140
Readout of the Secretary-General’s meeting with H.E. Gen. Prayuth Chan-ocha, Prime Minister of the Kingdom of Thailand
New York, 27 September 2015
Today, the Secretary-General met with H.E. Gen. Prayuth Chan-ocha, Prime Minister of the Kingdom of Thailand.
The Secretary-General expressed his condolences for the recent Erawan Shrine bombing in Bangkok. He thanked Thailand for its leadership in addressing the recent refugee crisis in Southeast Asia and strongly encouraged ASEAN Member States to discuss preventive measures to address the issue.
The Secretary-General conveyed his concern about the shrinking democratic space in Thailand and emphasized the need to uphold freedom of speech and assembly.
The Prime Minister and the Secretary-General discussed the Government’s roadmap to the elections, now scheduled for July 2017.
The Secretary-General congratulated Thailand on its election as Chair of the G77 in 2016. He urged Thailand to further key issues of global relevance in this capacity, notably sustainable development and climate change.
http://www.un.org/sg/offthecuff/index.asp?nid=4140
