September 16, 2011
BANGKOK (AFP) - Thailand should halt and review all trials connected to political conflict since before a 2006 coup that opened deep divisions in the country, an independent commission recommended Friday.
The Truth for Reconciliation Commission of Thailand, which was set up by the last government in 2010 after the worst political violence in decades, urged the country to delay trials and temporarily release political defendants.
It also said the use of controversial legislation banning criticism of the monarchy has been "directly related to political conflict" since before the coup.
In its first report to Thailand's new leadership, which is allied to former prime minister Thaksin Shinawatra, who was deposed by the army five years ago, the commission said its recommendations should be applied across the political divide.
It criticised the use of legislation, including an emergency decree imposed last year during clashes between the army and anti-government demonstrators -- in which more than 90 people died.
The commission accused "involved parties" of violation of criminal law" and said because "perpetrators have political motivations", the sole use of criminal prosecution to solve the country's problems "is not suitable".
It said the country was "in transition" and should therefore consider policies of restorative justice.
The commission urged authorities to delay political criminal prosecutions by "not bringing the cases to court" and also said the government should "proceed in earnest with a temporary release" of the accused.
The nine-member commission, led by respected legal academic and former attorney Kanit Nanakorn, touched on the country's extremely sensitive lese majeste laws governing discussion of the revered royal family.
Lese majeste laws have come under heavy criticism from rights groups, which have expressed concern that they were used to suppress freedom of expression under the last government, considered close to the country's elites.