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While Thailand remains among some 50 countries that still retain capital punishment there have been some positive developments with regard to the prospect of abolishing death penalty. However, efforts toward capital punishment abolition are hampered by a number of factors.
Оригинальное название
Focus Human Rights, N° 2/2014: Road to Abolition: Death Penalty in Thailand
While Thailand remains among some 50 countries that still retain capital punishment there have been some positive developments with regard to the prospect of abolishing death penalty. However, efforts toward capital punishment abolition are hampered by a number of factors.
While Thailand remains among some 50 countries that still retain capital punishment there have been some positive developments with regard to the prospect of abolishing death penalty. However, efforts toward capital punishment abolition are hampered by a number of factors.
Friedrich Naumann Foundation for Freedom | Focus Human Rights
Focus Human Rights
N o . 02 / September 2014
Road to Abolition: Death Penalty in Thailand Pett Jarupaiboon While Thailand remains among some 50 countries that still retain capital punishment there have been some positive developments with regard to the prospect of abolishing death pen- alty. However, efforts toward capital punishment abolition are hampered by a number of factors. While the majority of countries around the world have either abolished the death penal- ty or introduced a moratorium on execu- tions, either in law or in practice, Thailand remains among some 50 countries that still retain capital punishment. In comparison with the situation in the Southeast Asian community, its death-row population was said to rank second to that of Malaysia 1 , which retains the death penalty by means of hanging. Meanwhile Cambodia and the Phil- ippines abolished the death penalty in 1989 and 2006 2 , respectively, while no executions have been reported in neighbouring Laos or Myanmar for over a decade. Brunei currently holds the status of de facto abolitionist, with no executions reported since 1957. Indonesia and Vietnam both retain the death penalty, by firing squad and lethal injection, respec- tively. 3 Another retentionist country, Singa- pore, which was ranked by AMNESTY INTERNA- TIONAL in 2004 as possibly having the highest per-capita ratio of prisoners condemned to death, has continued to improve its record, with the numbers of death-row prisoners greatly reduced and fewer executions rec- orded in recent years. 4
Table 1: Death Penalty Statistics in Thailand as at February 25, 2014 Condemned Prisoners (cases) Legal Process Completed 147 Before Appeal Court 441 Before Supreme Court 97 Total 685
Table 2: Condemned Prisoners with Completed Legal Process in Thailand Crime Male Female Total Drug-related 60 11 71 Others 75 1 76 Total 135 12 147 Source: Department of Corrections 5
As seen in the above tables, there were approxi- mately 700 prisoners on death row. Many of these were convicted for drug offenses. The fact that Thai law continues to enforce the use of the death penalty for drug trafficking is particularly worrying, as a large number of countries reserve No. 02 / September 2014 | Road to Abolition Death Penalty in Thailand | 2 Friedrich Naumann Foundation for Freedom | Focus Human Rights the death penalty for only cases of premeditated homicide. In 2005, Thailand was admonished by the UNITED NATIONS HUMAN RIGHTS COMMISSION for retaining the use of the death penalty for drug- related cases. 6 This raises concerns that the death penalty is not restricted to the most seri- ous crimes, which do not include drug-related offenses, as stipulated in the International Cove- nant on Civil and Political Rights (ICCPR), to which Thailand is a State party. There have been notable efforts by human rights activists with regards to the issue of death pen- alty in recent years. In October 2013, representa- tives from AMNESTY INTERNATIONAL THAILAND met with the SENATE STANDING COMMITTEE ON HUMAN RIGHTS, RIGHTS AND LIBERTIES, AND CONSUMER PRO- TECTION to discuss the possibility of death penal- ty. During the meeting, the Committee stated that while Thailand is a retentionist country, the punishment is rarely carried out as prisoners condemned to death are permitted to file for a royal pardon. The trend for clemency the com- mutation, or substitution, of a sentence of death with a sentence of imprisonment for death penalty cases in Thailand is particularly notewor- thy for that fact that, at least since the end of World War II, the King has commuted the vast majority of finalized death sentences by the Individual or Collective Royal Pardon procedures. Over 90 percent of finalized cases with the pen- alty of death are commuted in Thailand. In Au- gust 2012, all prisoners who were sentenced to death and whose cases had reached a final ver- dict were pardoned by the King; their death sen- tences were reduced to life imprisonment. Ac- cording to a 2005 report by the INTERNATIONAL FEDERATION FOR HUMAN RIGHTS (FIDH), Thailand witnessed a de facto moratorium between 1987 and 1995, when a royal pardon was granted to all inmates on death row. 7
The most recent executions in Thailand occurred in 2009, when two drug-trafficking convicts were executed by means of lethal injection. 8
Prior to that, the last executions took place in 2003. If there are no more executions in the next five years, Thailand will obtain the status of an abolitionist in practice, according to Amnesty International which defines a country as such if no executions have been carried out for ten con- secutive years. Meanwhile, there have been some positive de- velopments with regards to the prospect of abol- ishing capital punishment in Thailand in recent years. In 2010, Thailand abstained in a UNITED NATIONS GENERAL ASSEMBLY (UNGA) vote for a global moratorium on the use of death penalty for the first time a move welcomed by human rights advocates as a major stepping stone as Thailand had usually voted against it in the past. Thailand continued to abstain in the vote in 2011 and 2012. In 2012, a law was passed that abolished the death penalty for juvenile and pregnant offenders, in line with Article 6 of the International Covenant on Civil and Political Rights (ICCPR). Another notable development is the fact that the replacement of capital punish- ment with life imprisonment is used as a princi- pal indicator of progress in the countrys second National Human Rights Plan of Action (2009- 2013), which also included the review of legisla- tions that allows capital punishment. 9 The issue is also included in greater details in the third plan for 20142018, which outlines a program that purportedly includes the conduct of re- search on required legal and constitutional amendments, plans on consultation of public opinion, and a debate in parliament on the abol- ishment. The major actor in the implementation of said plans is the RIGHTS AND LIBERTIES PROTEC- TION DEPARTMENT OF THE MINISTRY OF JUSTICE, with the support of an academic team responsible for the research and presentation of the study re- sults. Meanwhile, an increasing number of high- ranking officials and influential figures in the justice ministry and relevant agencies have ei- ther voiced their opposition against the use of the death penalty or shown willingness in work- ing toward its abolishment. In an interview with a local news outlet in December 2012, Police Colonel Aeknarat Sawettanand, Director General of the DEPARTMENT OF RIGHTS AND LIBERTY PROTEC- TION, stated that the Department was committed in working to learn from the experience of other countries with regards to death penalty and raise awareness among the Thai public that the death penalty does not lead to the reduction of serious crimes. 10 During a discussion hosted by the de- partment in June 2013, Nathee Chitsawang, the Deputy Director of the THAILAND INSTITUTE OF JUS- TICE, a public organization affiliated with the justice ministry, declared that Thailand aims at achieving de facto abolition, a status ascribed to nations with no recorded executions for a 10- year period. 11
However, efforts toward capital punishment abolition may be hampered by a number of fac- tors. As shown in several popular surveys over the years, many Thais are still in favour of the death penalty, especially in the aftermath of No. 02 / September 2014 | Road to Abolition Death Penalty in Thailand | 3 Friedrich Naumann Foundation for Freedom | Focus Human Rights highly-publicized serious crimes, such as cases of sexual assault against minors. This is partly be- cause some people see the use of death penalty as revenge and retribution, while others believe it acts as deterrent for would-be criminals. In addition, the government has yet to take a fore- front role when it comes to death penalty abol- ishment. The government only allocates a rather small budget reportedly only two million Baht (approximately 45,000 Euro) each year to agencies in charge for the activities required in executing the National Human Rights Plan of Action. 12 In addition, despite the aforementioned abstention of vote in the UNGA, the Thai gov- ernment failed to send representatives to the World Conference of the Abolition of the Death Penalty in the Spanish capital of Madrid in June 2013, indicating that it was not committed in seriously pursuing this goal. While Thailand has a long way toward the aboli- tion of death penalty, it may begin with a more humble step by adopting a moratorium on exe- cutions. The country has made significant pro- gress when it recently prohibited capital pun- ishment for juvenile and pregnant offenders, and the granting of the royal pardon to a large num- ber of death row inmates each year is significant in preparing the public toward an attitude that sees the death penalty as a violation of human rights that will eventually lead them to accept a more humane substitute for capital punishment, namely permanent imprisonment without parole. While it is ultimately up to the parliament to sign it into law, concerted efforts by other non- state actors are instrumental in making this happen, including by human rights NGOs, those working in justice and corrections department, political parties, interest parties, and Buddhist authorities.
1 The European Union and Death Penalty in Thailand, Delegation of the European Union to Thailand, accessed April 11, 2014, http://eeas.europa.eu/delegations/thailand/eu_thailand/polit ical_relations/the_european_union_and_death_penalty_in_ thailand/index_en.htm 2 The Philippines was the first Asian country to abolish capital punishment when it ratified its 1987 constitution.
However, the constitution did not prevent the legislative branch from re-imposing it, and so the law was passed that re-imposed the death penalty after a surge of serious crimes in 1993, and then again in 2003. In 2006, the Philip- pine legislature signed a bill prohibiting the imposition of the death penalty, thereby officially ending the death pen- alty. 3 Asia (South-eastern Asia), Death Penalty Worldwide, accessed April 18, 2014 , http://www.deathpenaltyworldwide.org/country- filter.cfm?region=Asia%20%28South- eastern%20Asia%29&method=&language=en 4 Singapore: The death penalty - A hidden toll of executions, Amnesty International, accessed March 31, 2014, http://www.amnesty.org/en/library/info/ASA36/001/2 004/en. Singapore, Death Penalty Worldwide, accessed April 18, 2014 , http://www.deathpenaltyworldwide.org/country- search-post.cfm?country=Singapore 5 Death Penalty Statistics : 25th February 2014, Death Penalty Thailand, accessed April 17, 2014, http://deathpenaltythailand.blogspot.com 6 "Thailand does not execute women," Death Penalty Thai- land, accessed April 17, 2014 http://deathpenaltythailand.blogspot.com/2013_12_01_arc hive.html 7 The death penalty in Thailand,International Federation for Human Rights, accessed April 1, 2014, http://www.fidh.org/IMG/pdf/Thailand411-2.pdf 8 Thailand carries out first executions in six years, Amnes- ty International , accessed March 31, 2014, http://www.amnesty.org/en/news-and- updates/news/thailand-first-executions-six-years- 20090826 9 The European Union and Death Penalty in Thailand, Delegation of the European Union to Thailand, accessed April 11, 2014, http://eeas.europa.eu/delegations/thailand/eu_thailand/polit ical_relations/the_european_union_and_death_penalty_in_ thailand/index_en.htm TIJ joined the Death Penalty Debate, Thailand Institute of Justice, accessed April 18, 2014, http://www.tijthailand.org/main/en/content/104.html 10 Experts call for end to death penalty in Thailand, Na- tionmultimedia, accessed April 18, 2014. http://www.nationmultimedia.com/national/Experts-call- for-end-to-death-penalty-in-Thailand-30196019.html 11 Aftermath of the World Congress - back to Thailand, Death Penalty Thailand, accessed April 17, 2014, http://deathpenaltythailand.blogspot.com/2013_06_01_arc hive.html 12 Where does Thailand stand?, Death Penalty Thailand, accessed April 17, 2014, http://deathpenaltythailand.blogspot.com Pett Jarupaiboon is Programme Officer at the Southeast and East Asia Office of the Friedrich Nau- mann Foundation for Freedom in Bangkok. No. 02 / September 2014 | Road to Abolition Death Penalty in Thailand | 4 Friedrich Naumann Foundation for Freedom | Focus Human Rights
Imprint Friedrich Naumann Foundation for Freedom International Politics Asia and Human Rights Department Karl-Marx-Strae 2 D-14482 Potsdam Germany humanrights@freiheit.org www.freiheit.org