Deputy Prime Minister Chalerm Yubamrung is not known for being a man who makes a lot of good sense. But when he does, his words can be a breath of fresh air. Over this past week, Chalerm raised the question over why the vast majority of charges against suspected militants in the deep South are dismissed when they reach court. Was it the content of the investigation into various incidents or allegations?
According to Chalerm, more than 3,000 warrants have been issued against suspected insurgents. Besides asking law enforcers to review their methodology, the deputy PM also said authorities should review all of these cases.
And if officials believe that these allegations won’t hold up in a court of law, they should drop the charges.
Chalerm was correct to point out that a review of these cases does not amount to a blanket amnesty or a revocation of the warrants that stemmed from the Emergency Law and criminal code.
Without saying so, the deputy prime minister is suggesting that police work has not been up to standard and therefore, it is understandable why the local Malay Muslim communities in the deep South do not have much faith in the justice system.
Access to justice and faith in the system have long been a problem between the Muslim-majority region and the Thai state. If Malays feel they can trust the ground rules, then it is very likely that they will no longer entertain a separatist ideology.
According to official sources, the idea of reviewing the charges in the deep South has been around for about three years. It was spearheaded by a group of reformist bureaucrats in the Justice Ministry and other like-minded officials.
Many felt that official bias in handling cases was chipping away at the legitimacy of the state.
In the thinking of the reform-minded officers, the key to permanent peace is to negotiate the terms for peaceful coexistence with Malay Muslim people in the southernmost provinces.
Such a comfort level, once established, must be managed so that Malays don’t feel that they are being mistreated. It’s no secret that generation after generation of insurgents employed historical grievances to motivate militants to take up arms.
Besides justice, there is also the issue of equality – ways and means to uplift the livelihood and social standing of Patani Malays so that they feel they have a stake in the country and a shared destination with other people in the country.
Right now, the deep South feels like an occupied territory and Malays see themselves as colonial subjects. With the huge presence of security officials there and the high number of Buddhist bureaucrats from other regions, such feelings are understandable.
But Chalerm and Bangkok must be careful not to send the wrong message to the general public. If they are not careful, the dropping of flimsy charges could be misinterpreted as the state being too lenient on the militants.
If that is the case, one can be certain that Buddhist vigilantes and/or pro-government death squads could take matters into their own hands and begin “taking out” suspects who no longer face charges.
Many observers believe the recent killing of Lukan Daloh on May 9 in Pattani was such a case. Here was a young man who had been fighting an allegation that he was a separatist militant in court for more than two years. But when word got out that his case could be dismissed, somebody decided to take him out. His 12-year-old brother who was sitting next to him in the truck was also murdered.