Torture allegations must be investigated

To be credible and not a whitewash, the investigation must be carried out by a neutral party, for “No man is allowed to be a judge in his own cause because his interest would certainly bias his judgement and, not improbably, corrupt his integrity” (James Madison). This case is particularly important because National Human Rights Commission (NHRC) president Amara Pongsapich reports that soldiers regularly torture suspects in the South.

I suggest that a retired, highly-respected senior judge conduct the inquiry, with full powers of subpoena, and with the authority to jail those who stonewall. Since “the best guarantee for justice in public dealings is the participation in their own government of the people most likely to suffer from injustice” (John Morley), court proceedings must be open, with observers from the NHRC, local law society chapter, media and other organisations in southern civil society. Let justice not only be done, but be seen to be done, both for its own sake and to promote reconciliation.

I also back NHRC president Amara in her call for the emergency decree to be abolished in the deep South, for by making any action by the authorities legal in advance so long as the officers were following orders, it leads to great moral hazard, including killing (as at Tak Bai and Krue Se). Lord Hoffman, of Britain’s highest court, ruled against the indefinite detention of terror suspects, saying, “The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these.” What he said is equally applicable to our emergency decree.

Burin Kantabutra

Bangkok