24 May 2012 The Prosecutor International Criminal Court (ICC) The Hague The Netherlands Re: Request to the

ICC to help bring justice to victims of the 2010 bloodshed in Thailand Dear Prosecutor of the International Criminal Court, I write to you as a citizen of Thailand, as a former political prisoner who survived the 1976 massacre in Bangkok, and as an expert on Thailand, currently Professor of History at University of Wisconsin-Madison, USA, who has studied the countrys history and its democratization process for thirty years. Among the subjects I study include the atrocities in 1973, 1976, and 1992, and the culture of impunity in Thailand. I have followed the political situation in Thailand closely since the coup in 2006, especially the bloodshed in April-May 2010 and its aftermath. Like all previous killings, it is likely that the military and those who gave orders would get impunity again while there will be no justice for the victims as ever. I would like to request that the ICC can help bring the end to this repeated impunity thereby the repeated killings of civilians -- by investigating into the 2010 killings and bringing the case to the International Criminal Court. Please allow me to describe a history of institutional impunity in Thailand. In October 1973, the popular uprising put an end to the military dictatorship that had ruled the country for three decades. Seventy two people died and thousands injured. Amidst the euphoria for the dawn of democracy, an amnesty was declared by the new government to all the police and military personnel for the sake of social and political harmony in the country. The amnesty also meant there was no investigation into the incident. The young democracy lasted only for three years when the military returned to power in October 1976. The coup took place on the same day after a massacre of students and people who had gathered at a university campus to oppose the military plot for the return of dictatorship. About forty people died and hundreds injured but how they got killed was indescribably heinous. Apart from being killed by heavy weapons, some were burnt alive, raped, and hanged, then their dead body beaten up or dragged across a soccer field. All of these happened in public to hundreds of spectators. More than three thousands survivors were put in jail for a few days to five months, and nineteen students (including myself) for two years. In 1978, allegedly for reconciliation, an amnesty bill was passed to absolve all wrongdoings that were related to the massacre. The student prisoners were released. The perpetrators were absolved from crimes as if the massacre never took place. No investigation into the incident. In fact for the reconciliation too, the public was encouraged to forget, to let go of the memory of it. The incident was not mentioned anywhere in pubic for years afterward and never in the state-controlled history textbooks up to now. Meanwhile, thanks to the impunity, many powerful people who involved in the massacre continued enjoying their
Department of History University of Wisconsin - Madison
3211 Mosse Humanities Bldg 455 North Park Street Madison, WI 53706-1483 608/263-1800 Fax: 608/263-5302 http://history.wisc.edu

privileges for years afterward. Some of them took part in another political massacre again in 1992 because they knew that they would not be brought to justice. Democratization in Thailand was up and down throughout the 1980s. The more open and democratic period returned in 1988 but it was, as before, short lived. In 1991 the military dictatorship returned again. This time, however, it did not last long, as a popular uprising took place again in 1992. More than seventy people died during a few days of fighting during which soldiers roamed the streets to shoot people who opposed the regime. The military government finally gave in and retreated. But they did so after absolving themselves of any crimes by another amnesty bill. The public demanded an investigation into the incident, nevertheless, despite the lack of authority even to force military commanders to testify, let alone to bring the wrongdoers to justice. Then, as if it was not a serious matter, the report of the investigation released many years afterward showed careless investigation and lack of efforts even to find out some basic facts. Worst of all, the report that was released to the public was heavily censored with all names and important information blackened out to the extent that the report was not intelligible. Impunity breeds total disregard to the public. Throughout these repeated tragedies, the justice system in Thailand never played an independent role to uphold justice. Thai judicial system takes as a matter of fact that a military coup, if successful, is valid. The system serves the power, regardless of how legitimately they come to power. Accordingly, the judiciary also accepts that all the orders and bills enacted by an oligarchy in power are valid, including the absolution of military leaders themselves from any wrongdoing like overthrowing a democratic regime and tearing down the democratic constitution. Also taken as legally valid by the Thai judiciary were the military orders for a number of executions without trial, arrests and imprisonment with or without charge, and numerous extra-judicial operations. So were the amnesty bills for the crimes in 1973, 1976 and 1992. It is therefore impossible in Thailand to bring those who were responsible for the atrocities to justice, thanks to the complicity of the judiciary. Impunity for the powerful elites is a cultural, institutional, and legal. Justice is non-existent for the victims of those tragedies. Without justice, democracy is a theatrical farce. Impunity was definitely a factor why the massacre in April-May 2010 took place again. The political and military leaders in that incident had no concern at all that they would have to face justice afterward. They made false accusations and fabricated evidence as the pretexts to killings. Totally disregarding the international norms of crowd control, they used enormously excessive violence and cruel methods to civilians, including heavy weapons, live ammunitions, snipers, and explosives. They misinformed, misled, and lied to the public systematically to create a climate of fear and to justify the killings. Even medical personnel were obstructed, shot at and eventually killed as well. More than 90 people died and thousands injured. Many more were arrested and treated inhumanly. The evidence of those inhuman actions is abundant, as international and domestic journalists brought to public and the public themselves shared all over the social media. But the political and military elites often dismissed those evidence and criticism, and often slighted them with a joke or sarcasm instead of reasons, consideration, or explanations. They were certainly aware of the precedent; impunity was a norm, a culture of power. It breeds inhumane indecency.
Department of History University of Wisconsin - Madison
3211 Mosse Humanities Bldg 455 North Park Street Madison, WI 53706-1483 608/263-1800 Fax: 608/263-5302 http://history.wisc.edu

This time, however, the victims and the public have changed. Unlike the aftermath of previous atrocities, they have demanded a thorough investigation and have refused an amnesty that would absolve the crimes. They have voiced that they will not tolerate reconciliation without truth and justice. Unfortunately the justice system from the police to the prosecutor and the judiciaryhave been the obstructions to truth and justice. Political leaders either had their hands in the atrocity or lack the courage to uphold justice in order to end this cultural and institutional impunity. They are trying to sweep the crimes under the rug again in the name of harmony, reconciliation and the need to moving on. If impunity prevails again, how many more massacres before a single life is recognized as inviolable? How much more cruelty to civilians before every citizen can be equal in the land? How much more truth and justice to be sacrificed for justice to prevail and truth be told without fear? The ICC can help end this culture of impunity. I understand that there is a case being proposed to the ICC Prosecutor to consider the April-May 2010 massacre in Thailand. I hope you take it seriously. If there is ground for investigation or for the court to proceed, I trust that the ICC would do everything possible to bring justice to the victims and to people in a country where the justice system is incapable of doing so. At the least, the ICCs action can contribute significantly as a major step toward the end of it in the future. In the early 1990s, in the wake of the 1992 massacre but before the ICC was established, I tried to find a way to bring the 1976 case to an international body. I learned with grave disappointment that it was not possible for two reasons. First, legally, at the time there was no international body with jurisdiction to consider the case. Second, diplomatically Thailand was not a hot spot for international concern. Indeed Thailand has enjoyed a good reputation so that other countries are willing to let Thailand to rectify its own problems. Besides, the number of loss in those massacres was relatively small. I trust that for the ICC, justice is not less significant by the countrys international stature or the number of casualty. Impunity is probably stronger in a country like Thailand because the world takes for granted that it is not hot spot for concern, so willingly turns their eye away. Impunity also hides better in a country like Thailand because the crimes were relatively smaller, compared to genocides or large scale atrocity. Consequently, it becomes institutionalized. Thus the crimes are repeated and the number of victims accrues. Silence, fear, and forgetting continue. Please I beg -- take necessary efforts to help end the impunity in Thailand. Respectfully yours,

Thongchai Winichakul, PhD Professor of History

Department of History University of Wisconsin - Madison
3211 Mosse Humanities Bldg 455 North Park Street Madison, WI 53706-1483 608/263-1800 Fax: 608/263-5302 http://history.wisc.edu

Contact Information: Professor Thongchai Winichakul Department of History University of Wisconsin-Madison 455 N. Park St. Madison, WI 53706 USA Phone: 608/ 263-8931 Email: twinicha@wisc.edu Currently on leave for research at the address below (until July 2012) Asia Research Institute, National University of Singapore, 469A Tower Block, #09-15, Bukit Timah Road, Singapore 259770 Phone: +65 6516 4562 Email: (please use my Wisconsin email) twinicha@wisc.edu

Department of History University of Wisconsin - Madison

3211 Mosse Humanities Bldg 455 North Park Street Madison, WI 53706-1483 608/263-1800 Fax: 608/263-5302 http://history.wisc.edu