This statement is pursuant to a proposal made on 14 June 2010 by the
Director General of the Department of Special Investigation (DSI) to
explore the possibilities to issue an amnesty decree to exonerate
demonstrators of the United front for Democracy against Dictatorship
(UDD) who are found have committed no serious crime.

The Human Rights Lawyers Association (HRLA) would like to convey our
support of the proposal based on the following reasons:

– People’s participation in the demonstrations of the United Front for
Democracy against Dictatorship (UDD) were exercising their rights to
express political opinions, which is is different from government
actions which ended in violence. Participation in the demonstrations
has resulted in the arrest, detention and prosecution of large number
of demonstrators as well as non-demonstrators for their violation of
Emergency Decree’s terms, which ban the assembly of people, require
the abandonment of the rally sites and ban the travel outside of
one’s residence; these actions carry a maximum jail term of two
years and not more than 40,000 baht of fine, although those accused
have committed no other criminal offence. Also, according to the
information of detainees revealed by the Royal Police Office, many
people, including children are also detained for charge of violation
of Emergency Decree’s notification, even though they may not have
been involved in the demonstration.

– The arrest, holding in custody, and prosecution against
demonstrators having expressed their different political opinions
without having committed other criminal offences – merely for their
violation of the terms of the Emergency Decree – ’s notification
is tantamount to excessive restrictions on people’s rights and
freedom, and is against democratic principles.

The Human Rights Lawyers Association (HRLA), the Union of Civil
Liberties (UCL), and the Cross Cultural Foundation (CrCF) would like
to make the following proposals to the government:

– An amnesty law shall be issued and amnesty shall be given to all
demonstrators arrested and/or in detention resulting from their
violation of the Emergency Decree’s notification banning the
assembly of people, requiring the abandonment of the rally sites and
banning the travel outside of one’s residence. Should there be any
credible facts and evidence to prove that any persons have resorted to
any violence means or act that have caused damages to life, body and
property of others, which are criminal offences according to the
criminal code, they shall be brought to justice under the normal
Criminal Procedure Code. This should apply to all those detained in
Bangkok and the provinces under the Emergency Decree.

– The government is obliged to remedy all damages for people, both
demonstrators and non-demonstrators, who were affected or had their
rights violated by the authority’s operations in enforcing the
Emergency Decree.

– The Emergency Decree on Government Administration in States of
Emergency B.E. 2548 (2005) must be revoked immediately.

These proposals may help to defuse the tense political pressure by
stopping acts which infringe on people’s rights and liberties. This
shall pave the way for a more empathetic atmosphere and dialogue in
order to make possible the reform of Thailand toward a just and equal
society with the upholding of the principles of democracy, rights and
liberties.

Human Rights Lawyers Association (HRLA)

Human Rights Lawyers Association (HRLA)

Tel./Fax no.: +66 2 693 4939, +66 2 693 0682

Website: www.naksit.org

E-mail:

HRLA2008 gmail.com
yadadear gmail.com