Those who issued the orders are responsible

Yet the actual shooters will apparently go unpunished, for under Criminal Code Section 70, such killings are legal since the soldiers were following orders of the Centre for the Resolution of the Emergency Situation (CRES), of which then-deputy prime Minister Suthep Thaugsuban was director. This is the infamous “Nuremberg defence” that top Nazis used to justify their acts, saying they were only following orders. It didn’t work at Nuremberg, yet neither the Democrat nor Thaksin & Co governments have seen fit to rescind it.

Surely killing unarmed non-combatants in cold blood on holy ground is, in any book, murder most foul. Letting the killers go scot-free is also strong encouragement for the military and police to keep on killing, and thus a major factor against the reconciliation we desperately need.

Those who pulled the triggers might go free, but their commanding officers, all the way to the top, must take responsibility for their subordinates’ actions and be liable if they fail to do so. Those who commanded the regiments named in the court verdict, the members of CRES who voted in favour of the order to use live ammunition, the CRES director, and perhaps the then-prime minister himself must be held accountable, though to differing degrees.

PM Yingluck should show leadership and follow the truth wherever it might lead. She should learn from this episode, repeal Section 70, and amend the Emergency Decree, which legalises any action taken under orders – before she, too, is held accountable for the military and police’s use of excessive force.

Burin Kantabutra

Bangkok