Tuesday, October 11, 2016
Asean Moves Boldly To End Death Penalty (Bangkok Post, 10/10/2016)
To mark World Day Against the Death Penalty today, Thailand and other members of the Association of Southeast Asian Nations (Asean) have reason to revisit and recommit efforts to abolishing capital punishment.
Much work remains to be done. Thailand, which has not executed anyone for seven years, and a few other Asean countries with capital punishment continue to hand down the death penalty on drug-related offences, which is unlikely to deter crime. It is the ultimate denial of the right to life and a violation of fundamental human rights.
Of the world's 198 countries, 102 have legally abolished the death penalty for all crimes. An additional 32 countries are abolitionist in practice since they have not executed anyone in the last 10 years and they have a policy or commitment not to carry out executions. Six countries reserve the death sentence only for the most serious crimes of culpable homicide and murders. Of the 58 countries that have not abolished the death penalty, just 25 carried out executions in 2015. However, of those 25 exceptions, four are member states of Asean. Thailand is not among them.
Though the death penalty is still on our statutes, no one has been executed since 2009. However, we still have prisoners sitting on death row and, following a ruling by the Supreme Administrative Court in July, those on death row may be held in shackles permanently.
Thailand is among the first group of countries that voted in 1948 to adopt the Universal Declaration of Human Rights. Article 3 of the UDHR states that "everyone has the right to life, liberty and security of person", while Article 5 confirms that "no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment".
About half of those on death row in Thailand and a few other Asean countries are convicted of drug-related crimes. In accordance with Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Thailand is a party, the death penalty should only be applicable in the case of the most serious crimes. Drug offences hardly fall under that category. I therefore support the initiative by the Thai Ministry of Justice to embark on the reform of drug offences such as those related to methamphetamine.
Crime determent has always been the rationale for handing down the death penalty. Empirical data proves this wrong. For example, drug use has been steadily on the rise in the region despite the death penalty. This clearly indicates that capital punishment does not work as a deterrent and it is time to reconsider it.
Studies carried out in different countries paint a consistent picture. The overwhelming majority of people who end up on death row are poor and not well-educated. They cannot afford proper legal counsel. Many, such as migrant workers, do not even understand the charges of which they are accused.
Further, many drug offenders are duped in the first place. They are executed for crimes they were not even aware of committing, often without even knowing the kingpins who planned their downfall. Once they are prosecuted, drug barons can easily recruit other vulnerable groups who are not aware of the grim fates they will be facing.
To tackle crime, we need to find ways to reduce it. Thailand's National Human Rights Plan of Action (2014-2018) which outlines a plan to abolish the death penalty is a promising step. It suggests an opportunity and an obligation for civil society to work harder to influence this movement and to do more to develop a regional aversion to the taking of life by the state. But much needs to be done.
At the regional level, Asean governments have formally set the community on a bold and clear 10-year direction of being "people-centred, people-oriented" as well as rule-based. What is happening now seems to be the opposite. We are seeing thousands of people in the region being summarily and extra-judicially executed for allegedly being involved in drug crimes.
A lesson from this alarming phenomenon is the dynamics of politics that can equally lead to progress or regress. We cannot afford to be complacent; even countries that have ratified the Optional Protocol to the ICCPR and have thus committed themselves to abolishing the death penalty can create fanciful ways to bypass that obligation and institute state-instructed and inspired programmes to kill their own people.
I welcome the recent formation of the Coalition on the Abolition of the Death Penalty in Asean (CADPA) among like-minded persons and groups to campaign for the end of the death penalty. CADPA has launched a campaign called "End Crime, Not Life", aiming to raise public awareness of the difficulties with the application of the death penalty and to focus on improving criminal justice systems.
It is time for all of us to stand up for a justice system that punishes offenders in a fair and appropriate manner. The region's people-centred and people-oriented vision must be underpinned by its drive towards abolishing the penalty.
# Seree Nonthasoot is Thailand's representative to the AICHR. This article expresses his personal views.