With the objective of enlisting religious leaders in the movement for abolition of the death penalty in Thailand, UCL, with the cooperation of the National Human Rights Commission, is organizing a set of seminars throughout the country. The seminars are sponsored by the European Union Commission, the Embassy of the Netherlands, and the Embassy of France.

Time Table of Seminars: June – July

Seminar 1 Buddhism and the Death Penalty

Date: Postponed

Location: Central Thailand

Seminar 2 Buddhism and the Death Penalty

Date: 30^th June 2008

Location: Mahachulalonghorn University

(Wat Suan Dok)

Chiangmai

Seminar 3 Buddhism and the Death Penalty

Date: 7th July 2008

Location: MahachulalonghornUniversity

(Wat Mahawanaram)

Ubon

Seminar 4 Islam and the Death Penalty

Date: 12^th July 2008

Location: Islamic Centre of Thailand, Bangkok

Seminar 5 Religion and the Death Penalty

Date: 15^th July 2008

Location: Office of National Human Rights Commission

Bangkok

Is this the model which Thailand follows?

In Thailand, the charge is often heard that opposition to the death penalty is an imposition of 'western' values. In fact Thailand has learned the trade of lethal injection from the US and points to the US as justification for Thai practice. One may ask whether the following is the model which Thailand follows:

The release of the third death row inmate in six months in North Carolina last week is raising fresh questions about whether states are supplying capital-murder defendants with adequate counsel, even as an execution on Tuesday night in Georgia ended a seven-month national suspension.

In all three cases, North Carolina appeals courts found that evidence that would have favored the defendants was withheld from defense lawyers by prosecutors or investigators. In two of the cases, including that of Levon Jones, who was released on Friday after 14 years on death row, the courts said the defendants’ lawyers had failed to mount an adequate defense. Nationwide, Mr. Jones’s release was the sixth in a year.

John Holdridge, director of the A.C.L.U. Capital Punishment Project, which provided representation for Mr. Jones, said the successful appeals showed that the problem with the death penalty was not the method of execution — the issue ruled on by the Supreme Court last month — but instead “poor people getting lousy lawyers.”

Bang Kwang Prison - one of the worst in world

Bang Kwang Prison where most prisoners condemned to death in Thailand are held has been listed by TIMESONLINE as one of the 10 worst prisons in the world, with the following citation:

Bangkwang jail, Thailand
Tempted to take a little marijuana on your fortnight package tour of Thailand? It may be unwise unless you want to end up in the infamous "Bangkok Hilton".
In recent years the prison's population has trebled to 7,000 and the guards are outnumbered 50-1. Every inmate there is serving more than 25 years and for the first three months of their sentence each is forced to wear leg irons.
Inside Building 10, prisoners are held in solitary confinement in pitch black cells two metres square wearing "elephant chains" for months on end.
"Thai prisons are tough." says Director of Prisons Khun Nattee in a superfluous warning to tourists. "You don't want to be in Bangkwang."

In recent days UCL was involved in helping poor Muslims from the South of Thailand pay a once a year visit to their, husbands, sons, fathers. It was a trying procedure, perhaps not maliciously difficult but, given the overcrowding and lack of personnel, an absolutely unacceptable treatment of men condemned to death.

Death Penalty from a Religious Viewpoint

In the most recent report on the death penalty issued by Amnesty International, the number of executions world wide in 2007 are reported to be a minimum of 1252 persons. Amnesty further reports that ‘Many government claim that executions take place with public support’. Such is the attitude of Thai government officials, many of whom profess to personally be in favour of abolition of the death penalty.

In this context it is our belief that the reported public approval of the death penalty must be questioned. Acceptance of the death penalty among the general population appears to rest on an unawareness of the rejection of the death penalty by the majority of nations in the world, the failure of the death penalty to reduce serious crime, and, above all, by a lack of moral leadership to make known ethical arguments against it.

Religious figures in Thailand largely share the perceptions of the general population in favour of the death penalty. They are not conscious that application of the death penalty conflicts with the most basic religious beliefs of Thailand’s main religious groups. In undertaking a campaign to inform religious opinion in Thailand we submit the following article.

Death Penalty and Religion

"The movement to abolish the death penalty needs the religious community because the heart of religion is about compassion, human rights, and the indivisible dignity of each human person made in the image of God." Helen Prejean

Thailand is a Buddhist country

Buddhism abhors the death of any living creature

Thailand adheres to the death penalty

The logic is faulty, but that is often the way of religions and the practice that one might expect to follow from them. Even Buddhist monks admit that they have not been conscious of the contradiction between belief and practice with regard to the penalty of death. Others resort to a version of the argument that ‘to kill a fish is a sin, but to serve fish to a monk is a greater good’. They argue that while the death penalty is wrong, the condemned criminal is burdened with karma and it is a good deed to release him from this life to be born again with a renewed opportunity to progress to nirvana.

The connection between a religious viewpoint and acceptance of the death penalty is a complex issue. Religions based on a written inspiration which is believed to be the revealed word of God, such as the Bible and the Koran, specifically enjoin the death penalty. But a reflection of the basic truths contained in their religious message can lead to an opposite conclusion. ‘Thou shalt not kill’ is unequivocal and has found its positive expression in that modern epitome of man’s relationship with other men, the Universal Declaration of Human Rights, ‘Everyone has the right to life’. In this case we know the mind of those who formulated the guiding words, it was intended to make way for a total abolition of the death penalty.

1. The death penalty in religious writings and traditions.

The Hindu religion and its derivatives is the oldest religion which has a written record of beliefs. One of the core beliefs involves the concept of Ahimsa from which all other virtues emanate.

Ahimsa is a Sanskrit term meaning non-violence (literally: the avoidance of violence - himsa). Ahimsa is a rule of conduct centered in the avoidance of harm in thoughts as well as actions, and bars the killing or injuring of living beings. It is closely connected with the notion that all kinds of violence, mental or physical, entail negative karmic consequences.

The extent to which the principle of non-violence can or should be applied to different life forms is controversial between various authorities, movements and currents within the ancient religions and has been a matter of debate for thousands of years. It is an important tenet of the religions that originated in ancient India (Hinduism, Buddhism and especially Jainism)

Hindu scriptures and law books support the use of violence in self-defence against an armed attacker. They make it clear that criminals are not protected by the rule of ahimsa. They have no misgivings about the death penalty; their position is that evil-doers who deserve death should be killed, and that a king in particular is obliged to punish criminals and should not hesitate to kill them, even if they happen to be his own brothers and sons.

An example enjoining the death penalty may be found in The Manu Smrti, the most authoritative Hindu law-book:

` When a woman, proud of her relations [or abilities] deceives her husband (with another man ), then the king should [ensure that] she be torn apart by dogs in a place much frequented by people ' [Manu Smrti 8:371] ` And the evil man should be burnt in a bed of red-hot iron ' [Manu Smrti 8:371-2]

In Jainism the understanding and implementation of ahimsa is more radical, scrupulous, and comprehensive than in any other religion. Non-violence is seen as the most essential religious duty for everyone (ahiṃsā paramo dharmaḥ, a statement often inscribed on Jain temples) On the other hand, Jains agree with Hindus that violence in self-defence can be justified and that a soldier who kills enemies in combat is performing a legitimate duty. Jain communities accepted the use of military power for their defence, and there were Jain monarchs, military commanders, and soldiers.

In the Jewish Christian Bible, capital punishment is prescribed: ‘For your life-blood I will demand satisfaction…. He that sheds the blood of a man, for that man his blood shall be shed’ Genesis 9, 5-6. However, there is a counter tradition in an earlier text referring to the murder of Abel by his brother Cain, both children of the first parents, Adam and Eve. Accused by God of his crime, Cain complains of his fate, “‘I shall be a vagrant and a wanderer on earth, and anyone who meets me can kill me’. The Lord answered him, ‘No: if anyone kills Cain, Cain shall be avenged sevenfold’. So the Lord put a mark on Cain, in order that anyone meeting him should not kill him.’

Throughout the Hebrew Bible, crimes incurring the death penalty are multiplied, especially for religious and sexual crimes. The Christian section of the Bible, or the New Testament, does not specifically treat of the death penalty other than by implication when Jesus is reported to have confirmed earlier laws; ‘As long as heaven and earth endure, not a letter, not a stroke, will disappear from the Law’ Matt. 5.18

Islam and Buddhism being the major religions of Thailand will be treated separately in detail. In summary, the Koran prescribes the death penalty for murder under certain conditions, especially a requirement for the evidence of witnesses. But it also teaches that God prefers forgiveness. Unlike the Vedic religion, ancient Buddhism had strong misgivings about violent ways of punishing criminals and about war. Both were not explicitly condemned, but peaceful ways of conflict resolution and punishment with the least amount of injury were encouraged. It is recorded that the kings of several Buddhist kingdoms in India abolished capital punishment as did the previous Dalai Lama about the year 1920. (The present booklet includes a support for the recent UN Moratorium by the current Dalai Lama). A story related about the conversion of a notorious robber killer by the Buddha emphasizes the possibility of a rehabilitation which

excludes the death penalty.

An important attitude to the death penalty is contained in traditional African tribal law. While not specifically a religious teaching it forms part of traditional culture which is inspired by reverence for ancestors and the supernatural. Typical of this approach is the concept of unhu as practiced in Zimbabwe: "Unhu" embodies all the invaluable virtues that society strives for towards maintaining harmony and the spirit of sharing among its members:

Unhu constitutes the kernel of African Traditional Jurisprudence as well as leadership and governance. In the concept of unhu, crimes committed by one individual on another extend far beyond the two individuals and have far-reaching implications to the people among whom the perpetrator of the crime comes from. Unhu jurisprudence tends to support remedies and punishments that tend to bring people together. For instance, a crime of murder would lead to the creation of a bond of marriage between the victim's family and the accused's family in addition to the perpetrator being punished both inside and outside his social circles. The role of "tertiary perpetrator" to the murder crime is extended to the family and the society to which the individual perpetrator belongs. The punishment of the tertiary perpetrator is a huge fine and a social stigma, which they must shake off after many years of demonstrating "unhu”. A leader who has "unhu" is selfless and consults widely and listens to his subjects. He or she does not adopt a lifestyle that is different from his subjects and lives among his subjects and shares what he owns. A leader who has "unhu" does not lead but allows the people to lead themselves and cannot impose his will on his people, which is incompatible with "unhu". The modern concept of rehabilitative justice is inspired by such practices of traditional justice

2. Practice of the Death Penalty

While Jesus spoke in favour of preserving the Mosaic Law, his practice was otherwise. An incident is related when religious teachers brought before him as a test case a woman caught committing adultery: ‘Master, this woman was caught in the very act of committing adultery. In the Law Moses has laid down such women are to be stoned. What do you say about it?’ Jesus replied, ‘That one of you who is faultless shall throw the first stone.’ One by one they went away. When all had left, Jesus turned to the woman and asked, ‘Where are they? Has no one condemned you?’ She answered, ‘No one, sir.’ Jesus said, ‘Nor do I condemn you. You may go; do not sin again.’

A remarkably similar story is told of Mohammad. A woman came to the Prophet to confess her adultery. The Prophet asked if there were witnesses, but there were none. She insisted that her confession be received, but the Prophet insisted that she return four times in order for her reiterated confessions to be equivalent to the four eyewitnesses required for condemnation. When she did that, he still insisted that she corroborate her confession with external evidence. She then confessed to being pregnant. The Prophet, clearly wanting to avoid applying the penalty, deferred it until she gave birth, because otherwise the penalty would affect her unborn child. Eight months later, she returned, but the Prophet again refused to apply the penalty because she had to breastfeed the child, and he asked her to return nine months later. When she returned, he asked her if she wanted to recant her confession, but she confirmed it. He then felt that he had no choice but to order the penalty carried out. When his companions returned from the stoning, he asked them if they had heard her recant. They asked why and he said that, if she had, they should have stopped the stoning. There are other versions of this strange story but the underlying intent, for all the unhappy outcome, remains to show a wish to divert the punishment for lack of witness or for the repentance of the woman.

But the ensuing history of religions relates the sad history of thousands of years of infliction of the death penalty, and in earlier times with horrific brutality. Part of the motive was vindictiveness, and anger against the criminal and the desire to make him suffer as he had made others suffered. Those issuing the condemnation claimed that their anger was justified by the anger of God. It is said, indeed, that the so called law of the talion, an eye for an eye, a tooth for a tooth was intended to mitigate vengeance and to set a measure to its ferocity. At times, punishment was considered a first installment of the punishment which God himself would inflict in the next life. At other times, there was expressed the pious hope that punishment inflicted in this life would allow the evildoer to repent and escape eternal punishment in the next Clearly too, there was the employment of capital punishment as a deterrent, emphasized by the public display of severed heads on spikes and allowing hanged bodies to remain suspended in public view. The public burning of heretics was another terrible warning to others. We can understand the resource to capital punishment in societies which did not have the means to securely imprison the guilty for a long period, and the need in an unstable society to meet immediate crime with immediate punishment. There was also a feeling that the presence of a murderer in a society would bring down the anger of God on a community. The complicity of religion in administering the death penalty is shown most clearly in the life of ‘Mastro Titta’, the executioner of the Papal Vatican State between 1796 and 1865. At the age of 85 he carried out the last of 516 executions he had performed throughout his life, always with great ceremony and display.

3. Rejection of the Death Penalty

But gradually over the centuries the wonder of mercy came to be recognized:

The quality of mercy is not strained.

It droppeth as the gentle rain from heaven

Upon the place beneath. . . . .

. . . . . . . . . . . . . . . . . . . . . . . .

It is enthroned in the heart of kings;

It is an attribute of God himself,

And earthly powers doth then show likest God’s

When mercy seasons justice.

(Shakespeare, The Merchant of Venice)

The abolition of capital punishment from legal codes may be traced to the work of Cesare Beccaria (1738 – 1794) an Italian criminologist and economist. In 1764 he published ‘On Crime and Punishment’ a work on criminal justice which is still relevant today. He pointed out that the certainty of punishment was more effective in deterring crime than its severity. Criticising the use of torture and secret courts in legal procedures he rejected capital punishment. The motivation of his work was a more profound understanding of humanity rather than any religious principle. Influenced by his writing the Duchy of Tuscany became the first State to ban the death penalty in 1786. Venezuela and Portugal became the first modern states to do so in 1867. Today, whether in law or in practice, 149 states have abandoned the death penalty; it is retained by 49 states. The most recent country to declare against the death penalty is Uzbekistan in January, 2008.

Although religions were not the direct source of motivation in rejecting the death penalty they have come to realize that the death penalty is incompatible with the most profound principles of religion. Beginning in the last half of the 20th century, increasing numbers of religious leaders—particularly within Judaism and Roman Catholicism—campaigned against it. Capital punishment was abolished by the state of Israel for all offenses except treason and crimes against humanity, and Pope John Paul II condemned it as “cruel and unnecessary.” As religions have become dissociated from state power, they have turned to a more personal role and answer to the personal longings of individuals. Persons with religious convictions interact with those condemned to death and realize more clearly that the punishment of death is not a solution to crime but itself an added crime. The option of long imprisonment has allowed time to reverse misjudgments of guilt which previously resulted in the deaths of the innocent. Time has shown too that those condemned can come to regret their crimes, to ask for forgiveness from those who were injured, and to reform their lives. This is a process known and appreciated in all religions.

All personal religions acknowledge that God is merciful, surely even more merciful than man. Buddhists realize that all life is sacred, that there can be no exceptions. By identifying the underlying basis of belief in religion we submit that it is part of the religious perspective to reject the death penalty. Religions must find their place in a secular world and it is heartening that an agreement about the most basic right of all, the right to life, can be a value shared by both religious people and those who do not own allegiance to any religion. It will contribute to peace in the world, that all respect the lives of each other and will never demand the penalty of the death of another, whether in time of peace or in time of war, or for any reason whatsoever. And in token of this determination we welcome the support of all religions in urging our country to ratify the 2^nd Protocol to the International Convention on Civil and Political Rights which makes explicit the full meaning of the entitlement to life established in the law of nations.

Moratorium on Death Penalty: Thailand

UN Resolution for a Moratorium on the Death Penalty

The UN in full session is like a huge oil tanker, ploughing through high seas and storms, only slowly adapting its great momentum to change course. Such a momentous change was the adoption of a resolution on 18^th December last to suspend the death penalty world wide. The UN General Assembly was born out of the terrible experience of two world wars, the slaughter of millions, and the questioning of what had been thought to be a state of civilisation. Sixty years ago the UN proclaimed what we would now call a road map, ‘the Universal Declaration of Human Rights’ a document of great simplicity but immense compass. Over those sixty years there has been some progress in achieving its aim of freedom and security, although progress in one area or place is often accompanied by regression elsewhere; war, famine, disease, senseless killing and cruelty remain the still, sad music of humanity.

But there has been progress in achieving the most fundamental of all its promises. The passing of a resolution on a moratorium on the death penalty, acknowledges that the words ‘Everyone has the right to life’ in Article 3 of the Universal Declaration, is now an achievable goal. Yet, the resolution limits itself to an expression of ‘deep concern’, asking that the death penalty be progressively restricted and the number of offences for which it may be imposed reduced. Such language of compromise and persuasion prevails, but the original strong mind of the Universal Declaration also rings out, ‘Establish a moratorium on executions with a view to abolishing the death penalty’. It is known that the formulation ‘Everyone has a right to life’ were the most contested words of the Declaration. While some wished to extend the words to outright prohibition of the death penalty, others wanted the legitimacy of the death penalty to be explicitly sustained. What we inherit is an incomplete phrase, whose meaning the resolution of 18^th December has now further revealed.

Twice before, such a motion was introduced to the UN, but failed to reach a vote in the General Assembly. On this occasion, despite strong opposition, the motion advanced and the final vote tallied a majority of 104 votes in favour, 54 against, and 29 abstentions. The most heartening aspect of the vote was that 20 states that still have the death penalty voted in favour of the resolution. The stand of those opposing the motion is revealing. The US, the major ideological purveyor of the death penalty in the world, was uncharacteristically silent in the debate. This is probably due to signs of a coming ground change on the issue in the US where the legality of lethal injection is being strongly contested. It is also being realised that the cost of execution and adequate legal defence is more expensive than life imprisonment. China too, the major executioner in the world, was unwilling to engage in the debate and expose its legal system to public censure. The most virulent opposition to the resolution came from that world champion of human rights, Singapore, which asserted its right to execute whom it wishes, denying others the right to comment on its internal affairs. Strangely, this mini state which aspires to participate in every western economic, industrial, banking, and cultural practice, objects to the imposition of western standards supporting abolition of the death penalty. One may ask whether from the Singapore viewpoint the UN itself is too ‘western’ an institution. And if it is, does that make the right to life less valid?

The part played by Thailand in the debate was also inglorious. In a speech expressing opposition to the Resolution the Thai delegate echoed the language of Singapore, affirming the necessity of the death penalty as a deterrent. But also, when questioned by Italian sponsors of the Resolution he responded in words which reflect shamefully on this Buddhist Kingdom, saying that “the Thai Constitution has not been changed and still called for the death penalty, that some lives were not worth keeping and should be executed”. Meanwhile the Thai population is largely uninformed about world opinion regarding the death penalty and accepts the model of practice in the US, where a Thai team learned the craft of lethal injection. It is time for moral leadership from civil, political, and religious leaders to follow the recommendation of the United Nations General Assembly to accept a moratorium on executions, and to enter into an examination of a barbaric practice which is surely destined to vanish from the earth. The majority of the world’s nations have concluded that the death penalty is not a deterrent to serious crime, that it is not a proportionate punishment for drug crimes which form the largest number of capital crimes in Thailand, and that the occurrence of wrongful execution of the innocent is not avoided. The moratorium is intended to allow an opportunity to begin the process of reflection on capital punishment, to assess the evidence which has led the majority of the world’s countries to abolish it, and to discover the motivation within Thai religious and cultural traditions for a choice in favour of life. The assurance to future generations that ‘Everyone has a right to life’ will enhance the value of every life and emphasize that there are no useless people. It is time to begin. If not now, when?

Black Hole of Singapore

SINGAPORE - Tan chor Jin

Tan chor Jin is facing execution after his final appeal was rejected on 30 January. He was sentenced to death in May 2007 for murder after a trial his lawyer described as unfair. Tan Chor Jin was also kept in solitary confinement before his trial. There is little public debate about the death penalty in Singapore and murder carries a mandatory death penalty. Singapore also has one of the highest execution rates per capita in the world.

A justice system which has a mandatory death penalty is unjust. Such a system excludes consideration of extenuating circumstances.
Singapore has not signed the fundamental human rights treaties which define the implications of the Universal Declaration of Human Rights. Meanwhile, they declaim on their right to maintain the death penalty. What about the right to life? It is now the widely accepted interpretation of the right to life that the death penalty may only be imposed 'for the most serious crimes' which does not include drug offenses. To sign the particular treaties is to recognize that right, not to establish it. The right already exists. Singapore spokespersons may puff all they wish and point to the diminishing club of recalcitrant states to which they belong in maintaining the death penalty, but the concealed executions in Changi darken the name of their island.

Further Reverse on the Issue of Shackling

Under the heading 'Issue of Shackling', news was given below of the initiative by prisoners themselves to appeal against permanent shackling of all prisoners condemned to death, even of those whose cases are still under appeal. The courts have now ordered the removal of shackles of two Thai prisoners who took legal action. However, they are not allowed to go outside the prison cells to exercise with other prisoners. The first to take legal action against shackling was a non-Thai citizen. While his case was under consideration the courts ordered that his shackles be removed. However, although his plea is still under consideration by the court, he has been shackled again. In justification prison authorities cite his bad behaviour in having some sleeping tablets in his possession when he first came to the prison, a fault for which he was duly punished at the time by three days of solitary confinement. They also plead the danger of his escaping from the prison. May we again remind the prison authorities of the UN Human Rights Committee admonition that NO EXCUSE can justify this inhumane practice.

Death Penalty and the Autonomy of States

In Afghanistan a 23 year old student and journalist for a local newspaper, Sayed Parwez Kaambaksh, has been condemned to death for 'blasphemy'. The charge arises from an article which appeared on the Internet, claiming that men and women should be treated equally by Islam. He asked why a man could have four wives while polyandry was forbidden. The article was judged by the court to be insulting to Islam.
The sentence was denounced by the UN, and several human rights organizations, who pointed out that the defendant had even been denied legal aid during the trial, appealed to the President of Afghanistan to overturn the verdict. The Senate reacted by confirming the sentence and protesting against outside interference in the affairs of Afghanistan.
In the recent debate in the UN on a Death Penalty Moratorium, countries rejecting the Moratorium, notably Singapore, affirmed the right of their countries to practice the death penalty as they saw fit, condemning the proponents of the Moratorium for attempting to interfere in the affairs of their States. As in Afghanistan, so in Singapore!

If Not Now, When?

Two recent developments raise the question again of Thailand's adherence to the death penalty;
1. The vote in favour of a universal moratorium on capital punishment in the United Nations General Assembly despite the decision of Thailand to oppose the measure.
2. The slow but inevitable progress of the US towards abolition
a) this development is evident in the consideration by the US Supreme Court of the constitutionality of lethal injection: " The United States Supreme Court will hear arguments on Monday, January 7, on whether or not the lethal injection process in Kentucky is a violation of the Constitution’s 8th Amendment ban on cruel and unusual punishments. While the case, Baze v. Rees, has prompted a de facto moratorium on executions, it does not concern the constitutionality of the death penalty itself.

Currently, 35 of the 36 states with the death penalty use variations of the same three-drug combination in their lethal injection executions. Kentucky uses thiopental to make the inmate unconscious, pancuronium to paralyze the muscles, and potassium to ultimately stop the inmate's heart. The petitioners in Baze state that this combination of drugs has a high likelihood of producing severe and unnecessary pain in the prisoner. The second and paralyzing drug, however, makes the prisoner unable to exhibit any pain. Death row inmates in other states have also challenged lethal injection procedures in recent years."
The case is another manifestation of the realisation that there is no method to execute people without pain and indignity. The increasing numbers waiting for long delayed execution reveal that even the US has lost the stomach to send people to their death.
b) Whatever its lack of moral appeal, it is lately recognized in the US that it is more costly to execute people than to keep them in indeterminate detention, especially if one includes the cost of effective legal defense which is recognise to be a required precondition of the death penalty.

These developments raise the question for Thailand, "If not now, when?". By its vote against the Moratorium Thailand has taken a stand with the reactionary minority on one of the great moral issues of the day. And yet, Thailand lays claim to the high moral standing of its Buddhist culture which prohibits killing in any form. Will Thailand wait until it is the last state of all to renounce judicial killing?
Thailand has learned the trade of execution from the US and Government always point to US practice as an example that Thailand follows. What if the US is now visibly faltering and inching towards abolition? Whenever Thailand makes a step towards adopting world standards in human rights, it points to the moral imperative of its action. Will Thailand wait until the US has moved against the death penalty to discover its moral justification to follow?
At present there are up to 1000 men and women condemned to death in Thailand. Does the Government seriously consider beginning a process of execution at a rate determined by the facilities for execution, which could take years to complete? In the extreme, would we execute 10 persons a week for the next two years to clear the backlog?
If we do not abolish the death penalty now, then when?

Justice should be seen to be done

Conviction of Karen villager

On 25^th April 1986 a Karen man rode a motorbike returning to his home village of Ban Tai from the market town of Ban Rai. At a distance of about 6 kms from home he was killed by a single shot fired by an unknown assailant. The body was discovered about half an hour later. An autopsy on the body found that death was due to a wound caused by a shot gun, that the deceased rode a Suzuki motorbike of unknown registration and that the body was taken by a daughter to perform the usual rites.

The murdered man had been a contentious person who had made many enemies in his own and in neighbouring Karen villages. Complaints against him included concern for missing funds in local cooperatives. Among the several villagers who had quarrelled with him was one Dei Zou Naa. Speaking about the matter recently the Kamnan of the village remarked that the quarrel with Dei Zou Naa was typical of the many minor quarrels which occur between villagers living in a closed community.

Little is know of police investigation at the time. Police were later to affirm that their access to the area was affected by communist influence in the area which they claimed was a ‘pink’ zone. The only evidence they found was the butt end of a hand rolled cigarette and betal spittle, which they believed to indicate that the murderer was a hill tribe man.

Karen villagers form a close community with many social interactions, mutual dependence, and family relationships. A murder affecting these relations would be a major disturbance to normal life. A ceremony of appeasement was held before a village monk where the wife of the murdered man drank sacred water and denied that she held any vindictive feeling against members of the village, nor did she blame any particular person. At the time she had a son who was about one year old.

Years passed and the murder appeared to have little further relevance. The son of the murdered man went elsewhere to attend school, returning about three years ago as a grown teenager. He appeared to inherit the contentious character of his father and began to approach the Kamnan of the village asking him to arrest this one and that one whom he suspected of being the person responsible for murdering his father. The Kamnan refused saying that there was no evidence to implicate the persons suspected by the son. Finally, the son persuaded his mother to lay charges against Dei Zou Naa with whom she had normal friendly village dealings throughout the years. Dei Zou Naa, 66 years old, was arrested for the murder of nineteen years before. He was charged in court, found guilty, and condemned to death, a penalty then moderated to life imprisonment, a living death for a 66 year old man.

The conviction astonished the villagers of Ban Tai who remembered well the events of the day 19 years before. At least 15 of the villagers, among them the present Kamnan, asserted that Dei Sou Naa was with them throughout the day husking rice. Husking rice using a foot operated pestle was a community event, each family bringing their rice and taking turns to pound the husked rice. Dei Sou Naa had neither motorbike nor bicycle by which he could travel to the scene of the murder, and a long absence could not have passed unnoticed. Besides he would have had to pass houses in the village where his passage would have been noted. Villagers also testified that Dei Zou Naa has always been a quiet and peaceable person noted for his readiness to help others. They cannot believe that he would have carried out an act of violence. It seems that their testimony was not considered by the court.

At present the case is in appeal. It is difficult to understand the conviction on extremely flimsy evidence, a cigarette end and betal nut spittal of 19 years before. The lawyer acting for Dei Zou has firm hope that the Appeal Court will reverse the verdict.

Meanwhile bail is refused for fear that Dei Zou might flee. The wife of the convicted man has become paralysed and needs his presence, He himself is prematurely aged; to where could an elderly Karen, dependent on his village community, flee. The Karen villagers are deeply disturbed and their sense of justice injured. Their reaction reflects well the criterion for sentencing in a case incurring capital punishment which requires ‘clear and convincing evidence leaving no room for an alternative explanation of the facts’.

Image shows Karen witnesses who worked with the accused on the day of the murder and attest to his innocence