Justice system in the South is rotten, writes Bangkok Post
A man is arrested, let's say suspected of a shooting or bombing. It takes the police 81 days to investigate his case and send the file to the prosecutor; it takes 32 days for the man to be charged and it takes 416 days – mind you these are averages – before he has to appear. All the while he has been in pretrial detention and has been refused bail.
This, in a nutshell, is the legal state of affairs in the South, according to an investigation by the Attorney General's office. The resulting report, which has a very long name, can be summarized with the well-known adage: justice delayed is justice denied'.
The example of the man still has a tail, because in many cases the suspects are acquitted: the evidence is insufficient, due to staff shortages at the Public Prosecution Service. Is it therefore strange, considering all this, that the violence does not stop in the South of Thailand, asks Bangkok Post wondered rhetorically in Tuesday's editorial. Two thousand mostly young men spend 2 years of their lives in prison and then are suddenly released. Not to mention the other problems, such as torture, threats to families and much more.
The justice system in the South is rotten, writes BP. It repeatedly deprives justice of these and many other matters. A simple pointer can put a productive member of a family under lock and key for years.
The lack of due process is undeniably the main source of resentment, which in turn fuels the division between the Deep South and the rest of Thailand. The government that is able to overcome this division will almost certainly succeed in ending the violence.
(Source: bangkok mail, September 10, 2013)
For a special report on the investigation, see: Justice held up in South, study finds, Bangkok Post, Sept. 8, 2013.
Lawlessness reigns in the South. Partly due to the declaration of the State of Emergency (Martial Law) in 2004, the security forces, soldiers, police and paramilitary volunteers can go about their business with impunity without having to accept responsibility for their misdeeds. Arbitrary arrests, torture and disappearances are the order of the day. On August 10, 2011, Suderueman Malae was sentenced to two years in prison for daring to press charges of torture against a police general.
Nothing will change without the lifting of the State of Emergency (Martial Law), in which the special powers of the authorities (military and police) and impunity for wrongdoing are legally enshrined. The Thai-language newspapers rarely write about this side of the problem, only the rebel misdeeds are discussed at length, rightly so of course. Thais are hardly interested in this Forgotten Conflict, they shrug their shoulders when you bring it up.
It is really too simplistic that lifting the state of emergency will change the situation. The conflict in the south has grown into an almost inextricable tangle in recent years. It is starting to look like stalemates that are more common in this world, such as in the contradictions between Israel and Palestine. In the beginning of the conflict people still knew what it was about and there were clear parties (with clear leaders) and there was still 'justice'. Now there is chaos, disorder and forms of guerrilla and settlements that have more to do with recent settlements than with the actual problem.
Too simplistic, dear Chris? It is clear to almost all observers that the misery caused by the State of Emergency is the main breeding ground for the conflict at this time. I would have liked it better if you had come up with a (start of) solution yourself.
About five years ago I was walking in the mountains of the North with some higher Thai authorities. The conversation turned to the South. I cautiously suggested: 'Why not give the South a little more autonomy in administrative, religious, educational and economic areas?' I am glad that I was able to leave the mountains alive. Therein lies the rub. It is a (semi)colonial situation.