Revoke emergency decree now

But, even if the authorities responsible give full confessions, the government can take no court action against them, for “the emergency decree makes it possible for soldiers and police officers to get away with murder” (Professor Philip Alston, UN Special Rapporteur on extrajudicial killings). 

This is because Section 17 of the decree states: “The authorities under this Emergency Decree … shall incur no civil, criminal or disciplinary liability for their performance of duties to suppress or prevent any unlawful act, if such performance is rendered in good faith, does not give rise to discrimination and does not exceed the reasonability or necessity of the circumstances” (translated by Wikisource).

Pre-absolving the authorities from accountability immensely increases the moral hazard to which they are exposed. It is, in effect, giving them the freedom to do anything they wish without restraint, so long as it is done under orders. Thus, the soldiers at Krue Se mosque killed 32, then 73 at Tak Bai, and 4 at Nong Chik – and nobody has even whispered about charges, other than throwing money at the bereaved.

Thaksin, Abhisit and Yingluck are all equally guilty in empowering the authorities to be free of accountability, for this infamous decree was promulgated by Thaksin and has been renewed every three months until now. This licence to kill must be revoked or amended, for it goes against all sense of justice and creates an obstacle to reconciliation.

Burin Kantabutra

Bangkok