24_05-2014_Rights of Detainees under martial law_to Gen. Prayuth by HRLA, UCL, CrCF, Enlaw

Open Letter
24 May 2014

Re: Order of the National Council for Peace and Order for Summons and Detention
Attn: General Prayuth Chan-ocha, Chief of the National Council for Peace and Order

Given that there are many summons for the persons to report under the power of the National Council for Peace and Order (NCPO) after the NCPO has taken the control of the administration since 22 May 2014 and following the detention orders by virtue of the Martial Law 1914.
Exercising the power under the Martial Law must respect and fall within the scope of human rights and rule of law, under the International Covenant on Civil and Political Rights that Thailand is a state party and is under an obligation to implement measures to protect fundamental rights by avoiding arbitrary detention, despite an emergency situation. The principle ensures that the rights and liberties of life and body of every persons will be protected. Thus, we propose the following recommendations;
1. Persons summoned and/or held under the custody or a detainee must have the right to know the place of detention, she or he must have the right to meet her or his family and communicate with them or other persons of the location of detention. When it is not necessary to detain a person, she or he must be released, with an acknowledgement from a family member along with a detention log and detention reports and release reports must be presented to and overseen by the NCPO.
2. A summoned person and/or a person under the custody or a detainee must have the right to meet and consult with her or his legal counsellor, medical doctor and to have a medical treatment for her or his illness.
3. There must be a designation of official detention centers or places under the Martial Law. The centers shall be announced to the public via the press to avoid confusion and ensure transparency.
4. In any case there is a legal action against a summoned person and/or a person under the custody and a detainee, it should be strictly and promptly investigated under the judicial process. In case there is not any reason to detain or hold a person under the custody, she or he must be immediately released.

Human Right Lawyers Association (HRLA)
Union of Civil Liberties (UCL)
Cross Cultural Foundation (CrCF)
EnLaw Thai Foundation (EnLAW)