Robert Amsterdam

http://www.robertamsterdam.com/2010/06/the_hyperreality_of
_thai_propaganda_a_response_to_the_nation.htm

The Hyperreality of Thai Propaganda: A

Response to the Nation

An editorial published today in the government-controlled Thai newspaper The Nation

makes reference to my work and that of my colleague, lawyer Geert-Jan Alexander
Knoops. Apart from the usual attacks, untruths, and libel that accompany intense
political cases, the article aims to preemptively disqualify the results of our
investigations into human rights abuses and war crimes committed by the Thai
authorities in its handling of the April and May violence.

I wouldn't usually point to these items, which seem to be a willful distraction from the
important topics that actually matter, but the issue does bear consideration for foreign
audiences as an illustration of the ways in which this government is conducting itself.
The spin of the article is clear for everyone to see (they even use the word "evil"), but in
substance it is entirely evasive on the point of arbitrary detentions, summary executions,
and indiscriminate use of force in the April and May violence. This is a country that has
just witnessed 88 people freshly slaughtered on the streets of its capital by the military,
and newspaper editors have chosen to dedicate their time to personally attacking
lawyers and manufacturing excuses - the rest of their time appears to be dedicated to
attacking CNN without reason. A sadder illustration of the nature of this junta could not
be expressed more clearly.

Before publishing such an editorial, many reporters and editors might have considered
contacting the source in question, but I received no such outreach. Had Knoops or I had
the opportunity to give a comment to The Nation, it could have been made clear that the
intention of our investigation is to represent the basic rights of UDD protesters and
compile facts and evidence that are currently being suppressed. Watchdog groups such
as Amnesty International and Human Rights Watch have also commented on the human
rights abuses, and our claims are very similar. We fully support the calls for an
independent investigation by United Nations High Commissioner for Human Rights Navi
Pillay, and would applaud the implementation of such an investigation.

However, we hold legitimate reservations as to whether or not the Abhisit regime will
allow a genuinely independent investigation. When the junta rejected the UDD's offer of
negotiations without conditions to put an end to the standoff, and when they brushed
back offers of mediation by international third parties, it was clear that this was a
government behaving like they have something to hide. I stood witness to these
exchanges from inside the red shirt encampment in the final days.

The question that occurs to us upon seeing this strident mendacity in the state media:
what are they so afraid that we will find? If there is as much uncertainty over these
events as some moderate voices in the debate claim, then there should be no fear over
an independent investigation. Instead, we see this hysteria resulting from the
extraordinary discomfort this government experiences anytime its swelling narrative is
punctured by painful facts. They simply cannot stand the idea of free and open public
debate - everything must be tightly controlled, from the most marginal voices to the
lawyers and professionals who are simply doing their jobs.

But luckily everyone is free to read the full text of this editorial, because no draconian
government has ordered for it to be blocked. Luckily everyone can hear about the
innocence of the smiling military and the Oxford-educated unelected Prime Minister
because no one is sending regular death threats to his lawyers and publishing their
addresses to hate groups. Having worked in Russia, Nigeria, and Venezuela, I've never
seen more thuggish incivility.

The problem, however, with the Thai junta's extraordinary control over its media and
repressive apparatus, is that the Bangkok elites actually begin to lose the ability to
distinguish between reality and their invented hyperreality. We saw this on display in
parliament this week when Korn Chatikavanij, the same person who proposed ditching
Western democratic standards, said "There have been certain incidents in which the
paramilitary arm of the red-shirt movement were quite willing to shoot their own to
place the blame on the government." In other words, we being asked to believe that the
red shirts murdered themselves.

If the military-elite compact actually believes in these kinds of lies, they will be very ill-
prepared to defend their conduct before a truly independent investigation, let alone
retain their credibility as the evidence of their conduct is gathered.

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Results tagged “asia”

Thailand's Permanent State of Emergency

A powerful article from Shawn W. Crispin, an editor for Asia Times Online, points to the
inception of a new period of military-authoritarian dictatorship in Thailand.

Thailand is sliding towards de-facto military rule and it is not clear that Prime Minister
Abhisit Vejjajiva has the will or power to turn back the authoritarian tide. A sustained
state of emergency has given security forces extraordinary powers to detain suspects
without trial, censor the media and ban public gatherings, powers the top brass have
flexed after last month's dramatic crackdown on anti-government protesters encamped
in the heart of Bangkok.

One military insider contends that the Center for the Resolution of Emergency Situations
(CRES), which was formed to handle the United Front for Democracy Against
Dictatorship (UDD) protest group's street protests, is morphing into a sort of ''shadow
government'' to Abhisit's democratically elected coalition. There is no sign since the
protest's dispersal that the CRES plans to disband. The insider says it is putting in place
structures to sustain its influence over the country's administration.

By James on June 11, 2010 3:43 PM

Thai PM Seeks Confrontation, Not Reconciliation

The Abhisit Vejjajiva administration in Thailand has made a number of symbolic gestures
in recent days which are being viewed as a "reconciliation bid" following the killings of
protesters in Bangkok over the past several months. However any search for substance
behind the plan makes it appear more like a bid for confrontation.

The authorities have granted bail, at an exboritantly high price, to red shirt leader
Jatuporn Prompan - however they have not withdrawn the absurd terrorism charges.
They appointed the well known Kanit Nannakorn to head an investigatory panel, but he
is already tainted as this nomination must be consensual, squandering the independence
of the effort. As Human Rights Watch has stated, "A one-sided inquiry will undermine
efforts to reach a political solution." Lastly, Abhisit is launching a five-point national
"reform plan" for reconciliation, containing vague promises of social justice and even
more media freedom.

This all seems quite appealing for international consumption, however we must look to
what the regime does, not what it says.

Continue reading...
By Robert Amsterdam on June 10, 2010 3:23 PM |

Thailand Lacks Creditability to Investigate

Bangkok Killings
The following press release was distributed via wire from Paris this morning.

Thailand Lacks Creditability to Investigate Bangkok Killings

Paris, June 10, 2010 - The panel established by the Thai authorities to investigate the
violence against protestors in Bangkok over the period March to May lacks impartiality
and independence, according to Robert Amsterdam of law firm Amsterdam & Peroff,
legal advisors to the United Front for Democracy against Dictatorship.

During meetings in Paris, attorney Robert Amsterdam said that the de facto government
of Thailand is incapable of discharging an independent investigation into the killings of
nearly 90 people, most of them civilians.

"This administration is known for its arbitrary treatment of the pro-democracy

movement in Thailand. During the recent events, it labelled the Red Shirt protesters
'terrorists' without any prior inquiry, and it still detains more than 400 protesters without
legal due process under the guise of an emergency decree," said Amsterdam. "Prime
Minister Abhisit administration's own vested interest in the outcome of the investigation
demonstrates quite clearly that only an international committee could possibly examine
the evidence in an independent fashion."
Robert Amsterdam is an international lawyer retained by the former Prime Minister
Thaksin Shinawatra, and acts as legal advisor to the United Front for Democracy against
Dictatorship (UDD).

By Robert Amsterdam on June 10, 2010 12:29 PM |

Thailand Has Violated Human Rights

In a blog post at New Mandala, the human rights activist Kwanravee Wangudom has
published a response to an op/ed in the Bangkok Post which asserted that the
government of Thailand had not violated human rights in the violence against protesters
in April and May.

Finally, the author criticizes the government rightly about its poor intelligence which
made it unable to identify the "armed groups" among the demonstrators, but he
nonetheless says the government is somehow justified by international human rights
standards in ordering the troops to use firearms against demonstrators. This is such an
oxymoron - using human rights norms to justify killing innocent people - the point is that
the poor intelligence which made the government unable to identify alleged "armed
groups" in the midst of the protestors, should not have been used to justify using
firearms against a crowd of mainly unarmed protestors. In other words, how would it be
possible for the government to use firearms against the right targets, namely the "armed
groups"? As a result, none of the slain and injured demonstrators and passersby, more
than 2,000 of them, was found to have in possession any weapon. Can this justify the
use of gunshots for "self-defense"? Worse, many of the victims are found to have been
shot by "indiscriminate shootings" including foreign and local journalists and medic
personnel who literally gave and risked their lives to save others. All of this is in serious
violation of the most basic principles of humanitarian law, let alone the human rights
obligations of the Thai government.
By James on June 7, 2010 4:26 PM |

Thai Ministry of Foreign Affairs Responds to

Statement on War Crimes Investigation
The Ministry of Foreign Affairs in Thailand has published a statement on their web site
which makes reference to a press release from our law firm. In the interest of free and
open debate, we are reproducing the statement in full below without additional
comment.

MFA responds to media enquiries about Amsterdam & Peroff's statement

June 4, 2010
In response to media enquiries about Amsterdam & Peroff's press statement issued on
31 May 2010, entitled "War Crimes Expert Joins Investigation of Bangkok Deaths", the
Ministry of Foreign Affairs wishes to provide the following clarification.

Continue reading...
By Robert Amsterdam on June 4, 2010 1:38 PM

WSJ: Thai Authorities Could Face

"Embarrassment" of War Crimes
From the Wall Street Journal:

Thailand's Prime Minister Abhisit Vejjajiva is launching a charm offensive in an effort to

win over the political middle ground after the worst political violence in modern Thai
history, saying he is more interested in securing peace than holding onto power.

But the aftermath of May's bloody street battles and a deepening feud with ousted
leader Thaksin Shinawatra show that Mr. Abhisit has a long way to go.

Early Monday, Mr. Thaksin's legal team said it had hired a Dutch war-crimes
specialist to investigate whether it can prosecute Mr. Abhisit's government
overseas for alleged human-rights abuses during the Thai army's May 19
crackdown on opposition protesters. Though it's unclear whether such a case
would be accepted, if it were, it could embarrass Thai authorities.
By Robert Amsterdam on May 31, 2010 3:13 AM |

Statement: War Crimes Expert Joins

Investigation of Bangkok Deaths
The following is the latest press release on our firm's work in Thailand.

WAR CRIMES EXPERT JOINS INVESTIGATION OF BANGKOK DEATHS

BANGKOK, May 31, 2010: International war crimes expert Professor GJ Alexander
Knoops has joined the international legal team investigating the Thai Government's
killing of 80 pro-democracy demonstrators and onlookers in Bangkok in May and April,
the investigation's leader, international lawyer Robert Amsterdam announced today.

Continue reading...
By Robert Amsterdam on May 30, 2010 2:23 PM |

Thailand and the Criminalization of Dissent

Over the past two months, Thailand's Abhisit regime has

opened fire with live ammunition on the Red Shirt pro-democracy demonstration in
Bangkok, killing at least 88 of its own citizens and injuring more than 1,800, including
foreign journalists and onlookers. In a desperate bid to escape international
condemnation for these unlawful killings, Abhisit is trying to paint the demonstrators as
terrorists and enemies of the state.

Many around the world are not fooled. Writing in the Financial Times, David Piling said:
"Attempts to portray the tens of thousands of mainly poor Thais who took to Bangkok's
streets as 'terrorists' or paid mercenaries of [former Prime Minister] Mr. Thaksin simply
do not wash." Only a few government soldiers were among the casualties. If the Red
Shirts were terrorists, they're quite lousy at it.
READ THE FULL VERSION OF THIS ARTICLE AT THE MARK.

Continue reading...
By Robert Amsterdam on May 25, 2010 1:18 PM |

Statement from Former Prime Minister Thaksin

Shinawatra
STATEMENT FROM DR THAKSIN SHINAWATRA

"In 1976, university students held a pro-democracy demonstration in Bangkok. The

junta in Thailand silenced them in a brutal crackdown. Dozens of university students
were killed, hundreds were injured and thousands were arrested. The junta tried to label
them "communists".

"In 2010 it has happened again. This time, however, the pro-democracy demonstrators
are grassroots farmers and today's military-backed government is labelling them
"terrorists".

"The junta in Thailand today must be held to account for these deaths and abuses of
human rights."

By Robert Amsterdam on May 25, 2010 12:41 PM |

Statement: The Mask Comes Off the Thai Junta

Below is my statement circulated to media in response to the announcement that the
government of Thailand had issued a warrant for the former Prime Minister.

LONDON, May 25, 8.00 AM (BST): Thailand's Criminal Court a short time ago issued a
warrant for the arrest of former Prime Minister Thaksin Shinawatra on "terrorism"
charges.

Today the mask is off the junta in Thailand. Lacking legitimacy and fearing being held to
account for the brutal murder of their countrymen, the military-backed Abhisit regime
has perverted justice through the laying of a charge that violates logic, law and any
claim of hopes for reconciliation.

Those who killed the civilians, journalists and onlookers cannot evade judgment,
whomever they falsely accuse and whatever evidence they fabricate. The Orwellian
organs of the junta and their extra-legal behaviour will fool no one.

By Robert Amsterdam on May 25, 2010 12:35 PM |

Video: Inside Wat Pathuwanaram

The following video contains graphic footage from inside Wat Pathuwanaram, Bangkok,
on May 19th, when it is believed that Thai Royal Army fired upon unarmed protesters
seeking refuge inside the supposed safe haven of the temple. In this video, Andrew
Buncombe of the Independent is interviewed shortly after having been shot (follow his
Twitter here, and read his harrowing story here).
 Create AccountSign In

Sniper Fire and Dead in Wat Pathuwanaram,

Bangkok, May 19th, 2010
http://www.youtube.com/watch?v=nv0bpnXEmW8&feature=player_embedded

Images of the Final Hours at Ratchaprasong

In response to our requests seeking to collect evidence and testimony of the Thai army's
conduct in its violent crackdown against mostly unarmed and peaceful protesters, we've
had a significant number of volunteers sending in letters, photos, and video depicting the
facts of how events unfolded. Below is a message and series of images from one
photographer, who for obvious reasons wishes to remain anonymous, which depicts the
final hours and minutes of the protest rally at Ratchaprasong on May 19, as the leaders
remained peaceful, delivering speeches on stage (at risk of sniper fire) while at the same
time the army surged passed the security checkpoints. This person contacted us because
he said believed "it is very important to get this story out, to counter the massive and
sophisticated disinformation campaign by the Thai military and government that
attempts to paint these people merely as "terrorists" and ignorant hired thugs." I
couldn't agree more.

***ALL IMAGES COPYRIGHT 2010***

Message from freelance photographer: I wanted to forward to you a small photo

essay of low-resolution images captured on May 19th, contrasting the Red Shirt leaders
(Nattawut Saikua and others) on stage at Ratchaprasong during the hours of roughly
11:00 AM to 2:00 PM, peacefully awaiting the army assault while Thai army troops
advance past their checkpoint at Sukhumvit and the Chalerm Mahanakhon Expressway.
Of possible investigative interest, I have also attached two images of Thai army EOD
(Explosive Ordnance Disposal) teams who were at this checkpoint at about 2:00 PM.
Within an hour of this sighting, a powerful explosion occurred forward of the checkpoint
in the "no man's land" near the area of the first Red Shirt barricade. At first I thought
the army was blowing up the barricade but later discovered it completely intact. It has
occurred to me that many of the "mystery explosions" that occurred during the week
may well be the work of the Thai army as a psychological operation aimed at creating
the "terrorist" image of the Red Shirts, to justify the assault. The official "explanation" is
that improvised explosives were hidden by the Red Shirts in the barricades that required
being rendered harmless, however, it was clear to me that this explosion did not occur
at that barricade - it was fully intact.

Continue reading...
By Robert Amsterdam on May 23, 2010 5:30 PM |

Thaksin: Thailand Must Observe Rights of

Arrested Protest Leaders
The following is the most recent official statement issued by Thaksin.

Statement by Former Prime Minister of Thailand Thaksin Shinawatra

Today the Kingdom of Thailand is in mourning. I join all Thai patriots in their immediate
call for calm, order, and non-violence, and fully condemn the actions of those who acted
with opportunism and impunity to cause reckless damage in Bangkok, which is
completely alien to the cause of the protest movement.

Continue reading...
By Robert Amsterdam on May 20, 2010 11:25 PM |

Human Rights Watch on the Thai Crisis

Bangkok Pundit has quoted the most recently statement by Human Rights Watch on the
violence in the Thai capital, which blames both sides for violating human rights.

"We're seeing a lot of arrests by the government, but where are these people being
taken? The government should provide information on those detained, where they are
detained, and under what conditions they are being held. We're not just talking about
the leaders of the Red Shirts, but everyone who is being held. The authorities should
promptly give family members and legal counsel access to the detainees."
By James on May 20, 2010 10:55 PM |