A (cryptic) slice of political thai mango. Thought this was quite a dig at helplessness of some ordinary blokes caught up with the law in troubled south.
COMMENTARY
When the law goes astray, all hope is lost
Bangkok Post Published: 11/10/2014 at 06:00 AM
In the post-coup happy hours, at times a man lost the ground beneath his feet. With the old constitution ripped and torn, the man became an entity without sanctity. He could be a ghost, a sitting duck, or on his worst days, a punching bag in a barracks full of bravery. He couldn't be protected, because the law that should've protected him had been flushed down the toilet and thus his rights — the natural rights we were all born with and once guaranteed by the constitution — suddenly went up in flames.
There was a ruling at the Pattani Court on Wednesday. The case was under-reported, no surprise, but its nature speaks volumes about the hypocrisy of our times and the interminable mess of the deep South (don't tell me you've forgotten it).
The man in question is called Hasan. In April, he was taken in by soldiers to the "interrogation centre" in a Pattani barracks, because of his alleged involvement with "the troublemakers" in the southernmost provinces. People often get taken in without making it to the news. What usually happens in "the centre" is anyone's guess.
However, Mr Hasan's sister, Royiah, visited her brother and believed that he was physically abused in detention. With a lawyer's help, she brought the matter to court, citing Section 32 of the 2007 Constitution that forbade "torture, brutal act, or punishment by cruel or inhumane means". She filed a complaint demanding a show of responsibility from the soldiers, as well as redress. Mr Hasan was released without being charged in May — so he's innocent — and his sister's demand was pending.
Earlier this week the Pattani Court dismissed Mr Hasan's case. The reasoning raised many eyebrows: Since the 2007 Constitution was annulled after the coup, the court said, the case had no legal basis. Meaning: Mr Hasan might have been mistreated, but no authorities would look into the matter because the law that protected his rights wasn't there. No investigation, no redress, no healing, no one has to be responsible.
Wait a minute, does that mean "torture, brutal act, or punishment by cruel or inhumane means", as the now-no-more charter prohibited, was somehow permitted after the law was ripped to pieces? I wonder even with the interim charter which gushed forth from the super-womb of the coup-makers, if we can at least ensure Mr Hasan (and us) the basic rights of physical safety. Or maybe it's just because he and his sister have Malay-sounding names, which is enough to make the whole thing different.
I phoned Mr Hasan's lawyer, Adilan Ali Ishak, who works with the Muslim Attorney Centre Foundation. "I understand the court's judgement, but I ask you all to understand the people's concern in this matter too," Mr Adilan spoke from Yala.
"There have been other cases of citizens allegedly being mistreated while in custody, and in a few cases the soldiers were judged to be in the wrong. Mr Hasan's case was the first that we cited Section 32 of the 2007 Constitution that guarantees our basic rights and freedom. What we asked is for someone to show responsibility, to say sorry and to offer a proper healing to him and his family."
Even though the old constitution went up in smoke after May 22, Mr Adilan believes Section 4 of the latest charter written after the coup still guarantees a person's basic rights. Ms Royiah and Mr Hasan plan to appeal. "This is an important case because [the way it turned out] adds to the sense of being oppressed, of justice not being served," the lawyer said. "They're pushing people to the other side."
That the story went nearly unreported is surprising but not new. Surprising because, as the lawyer said, it points to a technical loophole in our confusing, anything-goes multiple standards about whether the 2007 charter still has any juice left — does it mean other cases of physical abuse taking place after May 22 should be rejected too? Just as it's confusing whether Yingluck Shinawatra can be impeached after the constitution was abolished; in that high-profile case, it seems the old charter isn't totally useless after all.
The technicalities of the law, however, aren't as perturbing as the atmosphere of silence and suppression. That's why Mr Hasan's case — as well as other cases that didn't put the authorities in a positive light — goes under the public radar. It's not wise to criticise men in uniform these days. But two weeks from now, some people might find it compelling to do so. Oct 25 is the 10th anniversary of the Tak Bai incident in which no officials have been found responsible for the deaths of those men.
The deep South is deeply troubled, there are bad men down there who kill people, but what has happened only confirms what Mr Adilan said: Without justice, you're pushing people to the other side.
That's frightening.