Populist justice versus the rule of law

Kavi Chongkittavorn, The Nation, Asian News Network, Bangkok

It was a year ago this week that the King expressed serious concern about the proliferation of methamphetamines, known locally as ya ba. Soon after, Prime Minister Thaksin Shinawatra personally trumpeted the anti-narcotic crusade and left a long trail of dead bodies behind. So far, no official including the prime minister has given any coherent and full account of the atrocities.

The official recalcitrance is closely linked to the public opinion that strongly supported the government's harsh actions. Indeed, all major pollsters showed the same results: that the Thai people don't mind if the war on drugs lead to violations of human rights.

During the zenith of the gun-slinging, from March 7 to March 14, Rangsit University did a random survey of 822 persons from all over Thailand. They were asked if they concurred with the violent suppression of drugs by the government. The survey indicated 71.6 percent supported the measures and 58.8 percent believed the violent means could clean up drugs.

It was interesting to note that while 69.9 percent thought the harsh measures would destroy human lives and violate human rights, 64.4 per cent of respondents agreed with the government policies and wanted them to continue.

A survey of 5,800 adults administrated by Ministry of Information and Communications Technology from Aug. 13 to Aug. 28 showed that 77.7 percent expressed extreme satisfaction with the war on drugs.

With such strong public support, who would dare to question the government's motive and heavy-handed approach?

But being a democratic and civilized society, as we are today, it would be immoral, or perhaps insane, not to raise any question about the victims of drug-related killing during the February- April killing orgy.

Depending on what sources one uses as references, numbers vary. The most quoted casualties come from anti-drugs officials.

The figure of 2,500 deaths, given by (Police) Gen. Chidchai Wansathit, was used widely by the media. Only 400-500 cases have been accounted for so far, with suspects arrested. About 800 cases are still going nowhere. The remaining 1,200-1,300 cases are deaths for which the cause is said to be unknown. It is well known that there are at least 300-400 homicides every month in Thailand. The police have been more efficient in arresting suspected killers - almost half of the reported cases were resolved.

For the past several months, the police have failed repeatedly to explain how many were extra-judicial killings and "silent killings". In reality, this distinction often turns opaque in hot pursuit or under "extraordinary circumstances."

In the initial period, the Thai media were daily tallying up the falling victims, innocent or not. The authorities also boasted of their success incessantly, as various quotas throughout the country were quickly fulfilled.

After the three-months of "extreme measures", the authorities stopped the body count altogether, because the 2,500 death toll caused widespread alarm among law-abiding Thai citizens and the international community.

International human rights organizations including the UN High Commission on Human Rights, Amnesty International and Human Rights Watch cried foul.

By that time, almost 40,000 suspected drugs traffickers, big or small, turned themselves in to the authorities and close to half a million drug users asked to join state-sponsored rehabilitation programs.

But Charan Ditthapichai, member of the National Human Rights Commission, did not stop counting. He gave a much higher figure of 3,600 deaths up until September. He has to continue update the death tolls because victims' families living in faraway provinces have filed complaints to the commission. The figure could be higher, he pointed out, if those families were not afraid of intimidations and threats to their lives by local authorities and mafia bosses.

From January to June, the commission received 498 complaints of human-rights violation, 236 or 47.4 percent of which were related the anti-drug campaign. Charan said the commission has established that at least 50 cases were innocent victims.

One cannot help but wonder what will happen after the government declares its victory over drugs. Will the police, governors, village chiefs, dare to report additional crackdowns after Dec. 3? The prime minister has said that all police and regional officials will be graded on their performance.

Anybody who does dare, like many before them, would be purged to the abyss. Remember, officially the war on drugs has been won.

In the end, one has to ask oneself whether one wants to live under the law of jungle - or to use a more fashionable word, populist justice - or be governed by the rule of law as mandated by the constitution. How can one be certain that such mindless action will not be used with impunity again, against individuals or groups. After all, the government has already drawn the line: you are either with the government or against it.

If the Thai people condone the shoot-to-kill policy without demanding independent and impartial investigation for the simple reason that they are confined to drugs suspects - then apparently that is just too bad for the innocent victims of "collateral damage".

If that is the case, then we do not deserve to live in a democracy and be called law-abiding and decent citizens. We should be called demagogues.

We deserve the government and leader we have.