One: prolongation of present status. Statements
have been made by high ranking officials of the Ministry of Justice that
further executions are unlikely. In 2019 ten years will have passed since the
last executions and Thailand
will be a considered ‘de facto’ abolitionist by the international community.
However ‘de facto’ abolition may be abandoned at any time and is not a true
abolition which consists of explicit legal declaration and acceptance of the
requirements of international conventions.
Two: meanwhile Thailand is pursuing a plan for abolition
first proposed in the second five year human
rights plan, 2009 to 20013, and
reappearing in more detailed form in the draft of a third five year plan, 2014
– 2018.This latest proposal outlines a programme which
will include research on required legal and constitutional changes, plans on
consultation of public opinion in four regional meetings, and a subsequent
debate in parliament on the death penalty. The programme is being organized by
the Rights and Liberties Protection Department of the Ministry of Justice,
supported by an academic team in charge of the research and presentation of the
results.
The proposals of the 3rd Human Rights Plan are
defective in several ways. Abolition of the death penalty in any country
depends on political leadership and a strong will to achieve abolition. Such a
will and leadership are absent in Thailand. This is reflected in an
inadequate budget of two million baht available to the Department responsible
for the planned activities, and the lack of any public statement of government
intent or interest.
Besides, there is no mention of a campaign to
inform the public of the issues involved in abolition or retention of the death
penalty.
The policy outlined in option One may be seen as an
avoidance of the issue by politicians not daring to favour an unpopular policy.
