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Next NHRC may be sympathetic to authorities: Jaran

Last Wednesday the National Legislative Assembly (NLA) voted to impeach Jaran Dittha-apichai from the National Human Rights Commission (NHRC) over his controversial role in an anti-junta protest at Privy Council president Prem Tinasulanonda's residence in July, which ended in a riot. The NLA argued that Jaran acted in a partial manner, should not have led a protest, or submitted an open letter to the United Nations alleging the authorities started the violence, and should not have violated Prem's human rights and those of his security officers. The Nation's Pravit Rojanaphruk spoke to Jaran about the controversy. Excerpts:



Next NHRC may be sympathetic to authorities: Jaran

Jaran Dittha-apichai

Why did you accept the NLA's resolution when it's clear you believe neither the NLA nor the junta that staged the coup last September is legitimate?

In terms of political thinking, I do not accept the NLA as legitimate. However, by law it's different and it's not about whether you accept them or not. The fact is my salary has been withdrawn together with my official limousine, which comes with the position [of a rights commissioner].

If I attend a meeting of the National Human Rights Commission someone may file a complaint questioning the legality of having me in the meeting and the meeting may become unlawful. I can no longer perform my duties unless the NHRC will fight. But it's clear that they won't, as all the other commissioners accepted [the resolution].

Some say that your acceptance of the NLA resolution is the same as an admission of guilt in causing the violence during the protest.

That's the view of the NLA, 156 of them against one member [who voted against the motion]. The truth is different, and it doesn't mean the resolution [to impeach me] was correct. The NLA only watched the police video CD of the violence [and not material recorded by the other side].

A few members of the NLA from the civil society, such as Gothom Arya, enjoyed a good reputation prior to being appointed to the assembly by the coup makers. Only one NLA member, Chulalongkorn University sociologist Surichai Wangaew, voted to defend you. Nevertheless, anti-coup groups like the 19 September Network Against the Coup recently condemned them for becoming accessories to the junta's claim of legitimacy. What's your view?

I agreed [with the network]. Their presence in the NLA is tantamount to becoming an accessory to passing legislation under a dictatorial regime. I feel they have dishonoured themselves as they have fought for democracy for so long. They shouldn't have joined [the NLA] but that was their decision and they have the liberty to do so.

I just called Surichai to thank him, but we haven't talked since he was appointed to the NLA. He told me he was still my friend. I thought he was brave but we do have a different political view [about the junta].

Should the rights commissioner be "neutral"? What does being "neutral" entail?

There is not true impartiality between the violators and the violated. The NLA accused me of being anti-government although I'm a government official. I told them there is no such thing as political neutrality. It's idealistic. For the past few years many human rights commissioners came out to criticise and oppose Thaksin [Shinawatra]. Were they neutral? For the past year, when I came out against the junta and its appointed regime, I was branded as partial.

Also, many senators and senior officials joined the [anti-Thaksin] protests of the People's Alliance for Democracy (PAD), such as [then senators and now NLA members] Chirmsak Pinthong and Kraisak Choonhavan.

The selection process of the future NHRC has changed under the new Constitution. Are you concerned it will change the nature of the NHRC?

Of the seven selection committee members for the new NHRC, five are from the judiciary. They will probably select like-minded people, say judges or senior bureaucrats, while no more than two human rights activists are likely to be named in the future seven-member commission. The tendency for the future NHRC to be on the side of the authorities, like in some neighbouring countries, is high.

Some people regard you as being an apologist for Thaksin and what they believe to be his order.

I'm not fighting [against the junta] for Thaksin, or Thaksin's Order, and I do not believe such an order has ever existed. I fight for democracy but you can't help comparing or talking about something that may benefit [Thaksin]. I once said: 'It's better to be Thaksin's lackey than a servant of the military dictators', and I still believe that is the case.

Many supporters of the [Thai] junta within civil society are now busy protesting against Burma's military junta. These people are apologists to the Thai junta. They are liars and hypocrites who protest [Burma's junta] to whitewash themselves.


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