Speedy executions: Will Chalerm bypass Thai & international law?

Chalerm Yubamrung's proposal to speed up executions, a big step backward that ignores global & Thai trends in legal reform?

For further reading on this topic, see previous Bangkok Post article, a seminar "A Thai Buddhist Perspective on the Death Penalty" with monks at Mahachulalongkorn Buddhist University (report #1 & #2) and a global overview on the death penalty for drug offenses. For the role of royal pardons in Thailand see the extensive discussion in The Next Frontier: National Development, Political Change, and the Death Penalty in Asia (2009) [book review, paper by author on extrajudicial killings].

Click button to listen to Chalerm's Execution Express to download

Chalerm drug execution plan queried

16/04/2012
ACHARA ASHAYAGACHAT

Deputy Prime Minister Chalerm Yubamrung's proposal to execute condemned drug convicts within 15 days of an unsuccessful appeal could violate the constitution, an activist says.

Mr Chalerm has called for a legal amendment to speed up the execution process of drug offenders if they have been sentenced to death by a court of first instance and an appeal court. His statement was published on the Pheu Thai Party's website last week.

The deputy prime minister said the proposed legal amendment is aimed at ending drug trading networks in prison.

But Danthong Breen, chairman of the Union for Civil Liberty, said that such a proposal could go against the constitution.

He questioned if the ruling party was aware that the proposal would be contrary to the Thai justice system, which assures the right of all people to refer their cases to the Supreme Court, and to submit an appeal for a royal pardon.

In addition, the proposal contradicts Thailand's 2nd National Human Rights Programme (2009-2013), which includes an objective to abolish the death penalty.

"It is also a measure which is in conflict with International Human Rights Law and the Thai constitution," Mr Danthong said.

He cited a United Nations Economic and Social Council resolution in 1984, stipulating that the deprivation of life by state authorities is a matter of the utmost gravity.

It also stipulated that to determine whether a particular offence falls among the most serious crimes requires interpretation and application of the relevant international law rather than of the subjective approach opted for within a given state's criminal code and sentencing scheme, said Mr Danthong.

These international laws highlighted that caution should be exercised when considering executions, he said.
 
(Source: Bangkok Post, Chalerm drug execution plan queried, 16/04/2012, ACHARA ASHAYAGACHAT, link)

Death Penalty Vocabulary

death penalty - when a criminal is killed as punishment for the crime they committed, also called "capital punishment" (See Wikipedia)
penalty - a punishment, or the usual punishment, for doing something that is against a law โทษ

execute - to kill someone as a punishment for a crime ประหารชีวิต
execution
query (noun) - asking a question about something
query (verb)

Chalerm drug execution plan queried

convict (verb) - when a court of law finds a person guilty of a crime
convict (noun) - a person found guilty of a crime by a court
drug convict - a person found guilty of breaking a drug law
drug offenders - same as "drug convict"
sentenced to death -

proposal - a plan or suggestion for a group to consider ข้อเสนอ
condemn - when a court of law officially says that a person is guilty of a crime (actually did the criminal act, engaged in the criminal activity)
execute condemned drug convicts

appeal - a request to a court to change a decision by a lower court อุทธรณ์ ยื่นอุทธรณ์ ขออุทธรณ์
appeal court
unsuccessful appeal
submit - officially give a document to an organisation so that they can make a decision about it ยื่น (เอกสาร) เพื่อการพิจารณา
submit an appeal

pardon - an official decision to forgive someone for committing a crime and to free them from punishment การอภัยโทษ การนิรโทษกรรม
royal pardon

violate - to do something that is against a law, rule or agreement ฝ่าฝืนกฎหมาย ละเมิดกฏหมาย
violate the constitution - do something that the constitution says should not be done 
activist - someone who takes part in activities that are intended to achieve political or social change, especially someone who is a member of an organisation นักกิจกรรม, ผู้ดำเนินการที่มีความกระตือรือร้น

Deputy Prime Minister Chalerm Yubamrung's proposal to execute condemned drug convicts within 15 days of an unsuccessful appeal could violate the constitution, an activist says.

deputy - a person who is given the power to do something instead of another person, or the person whose rank is immediately below that of the leader of an organisation รอง, ตัวแทน,ผู้รักษาการแทน
Deputy Prime Minister - the government official second to Prime Minister
amendment - a change
legal amendment - a change in the law
process - a series of actions that you take in order to achieve a result แนวทางปฏิบัติ, กระบวน, วิธีการ
execution process - the series of actions taken before, during and after an execution
court of first instance - the court that made the first decision in a legal case

Mr Chalerm has called for a legal amendment to speed up the execution process of drug offenders if they have been sentenced to death by a court of first instance and an appeal court. His statement was published on the Pheu Thai Party's website last week.

deputy prime minister
proposed - suggested (but not yet chosen or decided upon)
proposed legal amendment
drug trading networks in prison

The deputy prime minister said the proposed legal amendment is aimed at ending drug trading networks in prison. But Danthong Breen, chairman of the Union for Civil Liberty, said that such a proposal could go against the constitution.
 
ruling party - the political party that currently controls the government (here: Pheu Thai)
aware - knowing that something exists, or having knowledge or experience of a particular thing ทราบ
contrary - opposite, does not agree ทางตรงกันข้าม
justice - fairness in the way people are dealt with (See Wikipedia) ความยุติธรรม
justice system - the legal system; the police, courts and prison system combined
assures - makes sure something happens or that some situation or condition exists

He questioned if the ruling party was aware that the proposal would be contrary to the Thai justice system, which assures the right of all people to refer their cases to the Supreme Court, and to submit an appeal for a royal pardon.

contradicts - goes against; does not agree logically with something (See Wikipedia)
objective - what you plan to achieve; goal; aim; purpose เป้าหมาย
abolish - to officially get rid of a law, system, practice, etc. ยกเลิก
abolish the death penalty - end the death penalty

In addition, the proposal contradicts Thailand's 2nd National Human Rights Programme (2009-2013), which includes an objective to abolish the death penalty.

measure - an action taken to solve a particular problem มาตรการ
conflict - an angry disagreement between people or groups ความขัดแย้ง  ความไม่ลงรอยกัน
human rights -
International Human Rights Law

"It is also a measure which is in conflict with International Human Rights Law and the Thai constitution," Mr Danthong said.

cited - mentioned (to support a point you are making or arguing) กล่าวถึง
resolution - a formal decision taken at a meeting after a vote มติ
stipulate - say clearly that something must be done (in a contract) The pig farmer said he spoke for many who
deprivation - taking something away from a person
deprivation of life - killing a person; taking their life away from them
state - government รัฐ
authorities - government officials; the police or people in official organisations who have the legal power to make people obey laws or rules เจ้าหน้าที่ (ตำรวจ หรือผู้มีอำนาจ)
state authorities
matter - a situation or subject which is being dealt with or considered เรื่อง, ภารกิจ, งาน สิ่งที่พูดถึง ประเด็นที่พูดถึง
matter of the utmost gravity - a very serious and important subject

He cited a United Nations Economic and Social Council resolution in 1984, stipulating that the deprivation of life by state authorities is a matter of the utmost gravity.

determine - to officially find out or decide something ตัดสินใจ ชี้ขาด decide what will happen กำหนด
offence - a crime or illegal activity for which there is a punishment การกระทำผิดกฎหมาย การกระทำผิดกฎหมายหรือข้อบังคับ การกระทำความผิด
interpret (verb) 
interpretation (noun) - applying general principles or ideas to indvidual cases (with their unique situation and conditions) (See Wiktionary)
interpretation of law - applying the general principles of the law to individual legal cases
application of law - using a law to make a decision in a certain legal case
relevant - directly connected and important to what is being discussed or considered ที่เกี่ยวข้อง ที่เกี่ยวข้องโดยตรง
international - ระหว่างประเทศ between countries
relevant international law
interpretation and application of the relevant international law

subjective - following personal opinion, "based upon a person's feelings or intuition, not upon observation or reasoning; coming more from within the observer than from observations of the external environment. Resulting from ... personal mindsets or experience... Lacking in reality or substance" (See Wiktionary)
approach - a particular way of doing something or thinking about something วิธีการทำให้ถึงจุดหมาย
subjective approach

opted for - chosen
code - rules of proper behaviour for a particular job, organisation, etc. มาตรการ, กฎเกณฑ์, ระเบียบ
criminal code - a book with all the criminal laws of a country or part of a country  
scheme - a plan that is developed by a government or large organisation in order to provide a particular service for people แผนการ โครงการ
sentencing scheme - a system for deciding on punishments (prison terms, execution) for crimes

It also stipulated that to determine whether a particular offence falls among the most serious crimes requires interpretation and application of the relevant international law rather than of the subjective approach opted for within a given state's criminal code and sentencing scheme, said Mr Danthong.

highlighted - stressed; emphasized, made more noticeable ที่เน้นย้ำ
caution - being careful when doing something (in order to not make mistakes)
exercise - 1. do something in a certain way; 2. used your power or rights การใช้สิทธิ
exercise caution
caution should be exercised

These international laws highlighted that caution should be exercised when considering executions, he said.