Enhancing the Administration of Justice in the Border Provinces of Southern Thailand

Muslim Attorney Center (MAC) and Cross Cultural Foundation (CrCF) has presented “Enhancing the Administration of Justice in the Border Provinces of Southern Thailand” at cthe seminar on “The Roles of Judges and Public Prosecutors in the Restive Southern Border Provinces of Thailand” JB Hotel, Hatyai, Songkhla on 12 June 2009.

Muslim Attorney Center and Cross Cultural Foundation are non-profit non-governmental organizations and have been giving legal aid to people. They aim to assist and promote access to justice and the rule of law in Thailand, particularly in the Southern border provinces. It should be noted that though special reasons including the claim of “for the sake of security in the restive situation” have been cited for the enforcement of the special laws, it is also undeniable that the enforcement of the two special instruments and its consequences have also affected and/or led to the restrictions of people’s rights and liberties in the Southern border provinces in the past five years. 

At present, the unrest that has caused much damage to life and property of people and the state in the Southern border provinces of Yala, Pattani, Narathiwat and four or five districts in the province of Songkhla has been cited as the compelling reason for enforcing two special laws such as the Martial Law Act B.E.2457 (1914) and the Emergency Decree on Government Administration in States of Emergency B.E. 2548 (2005) (Emergency Decree). The laws have been in force for five years until now. ¹During early 2004, the Martial Law Act B.E.2457 (1914) was enforced and used as a tool by the governmental officials to suppress and prevent insurgent action. On 19 July 2005, Martial Law was revoked and replaced by the enforcement of the Emergency Decree on Government Administration in States of Emergency B.E. 2548 (2005). However, after the coup on 19 September 2006, the Martial Law Act has been put in place again making the Southern border provinces come under the two special instruments until present.

The organizations have found that the enforcement of the special laws have resulted in the violations of the fundamental rights and liberties of the people, specially, with regard to access to justice, thus deviating from the rule of law principle. This happens in light of the roles of the judiciary, as one of the three pillars of democracy and their roles in review the executive power according to the rule of law. 

The report is made possible by collaboration of the Muslim Attorney Center (MAC) and the Cross Cultural Foundation (CrCF) with the aim to portray facts, legal provisions and legal opinions which can be useful to promote the role of the judiciary. In the end, the common goal is to ensure the upholding of personal rights and liberty, peace and the interest of justice. 

In this report, concrete cases are cited to provide factual background and to support the observations and suggestions by MAC and CrCF. Though these cases may not represent the whole range of rights violations in the Deep South, the organizations believe that attempts to uphold justice even in one case can be taken as a very important step toward the establishment of peace and stability in the Southern border provinces.

Please read details and recommendations on how to “Enhancing the Administration of Justice in the Border Provinces of Southern Thailand”

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  During early 2004, the Martial Law Act B.E.2457 (1914) was enforced and used as a tool by the governmental officials to suppress and prevent insurgent action. On 19 July 2005, Martial Law was revoked and replaced by the enforcement of the Emergency Decree on Government Administration in States of Emergency B.E. 2548 (2005). However, after the coup on 19 September 2006, the Martial Law Act has been put in place again making the Southern border provinces come under the two special instruments until present.