Ruling indicates denial of human rights obligations in Thailand

Despite suffering arrest, beatings and forced push-ups on the burning hot concrete of a Thai military camp, Hasan Useng is not entitled to remedies and reparations for this torture.

That’s the ruling made by a Provincial Court in Thailand on 7 October 2014, one which received condemnation from the International Commission of Jurists (ICJ), Human Rights Watch and Amnesty International.

Thai policemen stand guard during a demonstration by an anti-coup protester at a shopping mall in Bangkok on June 22, 2014. © AFP/Getty Images

Thai policemen stand guard during a demonstration by an anti-coup protester at a shopping mall in Bangkok on June 22, 2014.
© AFP/Getty Images

Reporting on the case, Amnesty International explain the ruling was made to prevent remedy to Hasan Useng because the military coup in May 2014 annuls Thailand’s Constitution, specifically Article 32 which assures reparations for victims of torture.

It is not the allegations which are necessarily disputed. It has been well-documented that Hasan Useng was arrested at his house in Narathiwat province. He was taken to the Inkhayuthaborihan Military Camp in Pattani province where “military personnel allegedly kicked him and ordered him to do several hundred push-ups and jumping jacks on the hot concrete in his bare feet,” according to Amnesty International.

What Hasan is being denied is rehabilitation and redress due to a pointless, inconsistent technicality.

Despite the ruling from the Thai courts, the government still has obligations under international law – specifically the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – to provide redress and rehabilitation to victims of torture, even in a time of martial law.

What this ruling indicates is that Thailand is exploiting the military coup as a way to ignore ongoing torture allegations.

“The Hasan Useng decision highlights the concrete damage to human rights protections in Thailand resulting from the military coup, and the fact that it is now virtually impossible to hold security forces legally accountable for their actions,” said Brad Adams, Asia Director at Human Rights Watch, reporting to Amnesty International.

As already expressed by Amnesty and other human rights organisations Thailand should take immediate measures to ensure all persons alleging torture and ill-treatment should have an opportunity for prompt and effective investigation into their claims, as well as full access to rehabilitation and legal routes in their case.

To read the full article on Amnesty International’s site, click this link.

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