ON THE RECORD
TRC wants to find the truth, not pass the blame
- Published: 26/12/2010 at 12:00 AM
- Newspaper section: News
Kanit na Nakorn, chairman of the Truth for Reconciliation Commission (TRC), believes a strong justice system is the best way to prevent social unrest.
In this interview, he admits the way the authorities handled the fallout from this year's anti-government protests will affect the public's opinion of Thai justice.
Q: The cabinet recently decided to release the red shirts held in prisons [in the aftermath of the April-May protests]. Did the TRC recommend the release?
A: The government responded to the commission's recommendation. The government appointed us. If it didn't follow our advice, what's the use of having us in the first place?
The government is taking a step in the right direction because releasing detainees will free up space in prisons, not to mention save money.
The detainees will go through the judicial process and, in practice, a bail request does not have to involve an expensive guarantee. The bail collateral is put up to deter the risk of flight. But the United Nations standard and Thai laws in the past did not require a bail guarantee. A release of detainees, however, required approval of the prosecution.
When I was attorney-general, a major case was presented to the prosecution in which a woman had stabbed her husband to death. She was at the end of her tether after being beaten by her drunken husband. The woman, who also had many children to care for, petitioned then premier Chuan Leekpai and, as attorney-general, I took up the case.
The family was poor and if the mother was to go to jail, there would have been problems for the kids.
I signed an order allowing bail for the woman so she could take care of the children. In the end, the court handed her a suspended jail sentence, finding that the murder was in committed in self-defence.
There is merit in the prosecution releasing the detainee on bail. Personally, I find that it is more helpful than keeping someone locked up.
As many as 37% of detainees are remanded pending trial. A bail release is to give people an opportunity in life.
The problems we face didn't stem from the letter of the law but from its enforcement by the police, prosecutors, the courts and the corrections officers. Injustices didn't come from the law but from the lack of the understanding of the law by law enforcement authorities.
Now, there are over 30,000 cases pending in the Supreme Court. The magnitude of the cases is a reflection of the despicable conduct of some law enforcement officials who are lazy, submissive to social and political pressure, and servile to politicians. But, most seriously, we give the police too much investigative power.
Q: In many important cases,the Department of Special Investigation and prosecutors have made a joint decision on indictment. But when the case passes through the prosecution in the final stage, it is rejected. Why?
A: Conflicting decisions shouldn't happen. The prosecution is not an individual, but an institution. In other countries, the prosecution runs its own intelligence unit as it must look after the country's economic and social interests. But in Thailand, different parties have different opinions. The police want publicity from arresting suspects. But what we saw at times was propaganda, which is not right. It goes to show the justice system is not effective if it allows suspects' rights and liberty to be threatened.
Q: Do you think the cabinet's decision to release 104 [red shirt] detainees will ease the entrenched disenchantment being felt by the red shirts?
A: We have to admit the conflict runs very deep. We must improve the social climate one step at a time. This is not a conflict among state agencies, or between soldiers and citizens, it is a conflict between people.
Restoring peace takes time because the problems have had a knock-on effect around the world. Foreign missions in Thailand are concerned about the problems because their people have invested a lot here and they naturally are worried about safety. The Swiss embassy has sent representatives to help the TRC analyse video clips and images taken of the protest scenes. If we do nothing, the effects will be widespread and public faith in the justice system will be eroded.
Q: Was it the TRC's intention to not judge anybody?
A: Yes. The intention of our investigation was not to lead to any indictments. Rather, we want to know the truth [behind the political violence] so we can prevent a repeat of the problems that set us back. Early in the TRC's inception, we met Sondhi Limthongkul (co-leader of the yellow shirt People's Alliance for Democracy), Veera (Musikhapong, a red shirt core leader), Jatuporn (Prompan, another red shirt core leader), and Apichart Penkitti, the former defence permanent secretary. They all promised to cooperate.
We were promised access to the military's operation plan on the days of the clashes between the military and the red shirt protesters, but we still haven't received the plan, with Gen Apichart now retired. We don't want to know who is wrong, we want answers as to what really happened. What's on the TRC's and everyone's mind is how to return peace to the country.
Q: The red shirts stand by their story that they didn't shoot their own people. The soldiers insist they didn't fire at people on the streets. How will the two sides ever come to an agreement?
A: Our findings don't identify the shooters. Our information should help make sense of what happened. In fact, I wish to see research carried out on the relations between the state and security agencies. This is important. A deep wound in people's feelings needs much time to heal. It is one of the top priorities for the government. The Mental Health Department has worked quickly to remedy the emotional trauma.
During our trip to Chiang Mai, we weren't sure what sort of reaction we would get. In the morning, we met the red shirts and in the evening, we had an appointment with the yellow shirts. Eventually, the two sides came together to talk and any lingering acrimony subsided thanks to this interaction.
Next, we plan to go to Lamphun, Sakon Nakhon, Udon Thani, Ubon Ratchathani and Mukdahan. It would be great if the [red shirt] core leaders were granted bail. I'm sure the red shirts would feel better.
Q: Political changes are commonplace. What effect do you think such changes could have on the red-yellow conflict?
A: If the country's justice is strong, it will be smooth sailing. In a democracy, we have to be patient. Even though democracy is a rule by majority, we must respect the voice of the minority. The TRC needs no more than two years to finish the job. I don't care if a new government suspends our work. If the people believe in us, they'll support us, which will compel the government to let us continue.
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