INVESTIGATION REPORT THAILAND LiCENCE TO KILL REPORTERS WITHOUT BORDERS CALLS FOR INDEPENDENT INQUIRY INTO CRIMES AGAINST MEDIA /////////// INVESTIGATION MADE BY ViNCENT BROSSEL AND NALINEE UDOMSINN ////////REPORTERS WITHOUT BorDerS // 07.2010 ////////////////////////////////////////////////////////////////////////////////// INQUIRY INTO CRIMES AGAINST MEDIA / THAILAND ///////////////////////////////////////// 2 Agnes Dherbeys/VII Photo mentor program The very violent political crisis that convulsed Thailand in April and May 2010 had a dramatic impact on the safety of journalists and media freedom. The toll was heavy: two foreign journalists were among the 90 people killed, ten other journalists were wounded (some sustaining injuries from which they will never fully recover) and there was a wave of censorship and intimidation without precedent since the 1990s. eporters Without Borders has in- threat posed by the Red Shirts, the Thai army and vestigated 10 cases that are repre- special forces rode roughshod over international sentative of the press freedom vio- law and Thai legislation protecting civilians. lations committed by both parties to the conflict: the army, special INterNATIONAL ENQUIRY NeeDED forces and paramilitaries on the Rone hand, and the Red Shirt activists of the United An independent enquiry that includes inter- Front for Democracy Against Dictatorship (UDD) national experts is necessary. Thailand’s interna- and their paramilitaries on the other. Reporters tional credibility is at stake. If the government is Without Borders decided in this report to let the serious about wanting to reconcile Thais and learn victims and witnesses of the violations speak for the lessons of this violence, Prime Minister Abhi- themselves. A government representative and one sit Vejjajiva must give much broader powers and of former Prime Minister Thaksin Shinawatra’s more resources to the commission of enquiry that lawyers were also interviewed. Some accounts has been set up. are devastating. Reporters Without Borders urges United Na- The government emerged the victor from this tions secretary-general Ban Ki-moon to ensure bloody battle after the assault on the Red Shirt that UN agencies are involved in this investiga- camp in the heart of Bangkok on 19 May, but many tion into the violence in Thailand, which has just questions about the behaviour of the armed forces been elected president of the UN Human Rights remain. The many accounts of soldiers firing live Council. The gravity of what took place requires a rounds at unarmed civilians, the firing on journa- transparent and exhaustive investigation to which lists with automatic weapons, the systematic inti- Reporters Without Borders is ready to contribute midation and the use of military force to suppress in a completely independent capacity. political protests are all evidence of serious abuses. Thai foreign ministry spokesman Thani Thon- Taking advantage of the state of emergency and the gphakdi told Reporters Without Borders that the INQUIRY INTO CRIMES AGAINST MEDIA / THAILAND / THAILAND ///////////////////////////////////////// 3 commission created to investigate the violence intention to kill and wound journalists, including CHRONOLOGY would be independent. “The government believes foreign journalists? September 2006: Military coup it is very important to answer the public’s ques- Soldiers used weapons of war to fire on unar- overthrows Prime Minister tions about the April and May incidents,” he said. med civilians including journalists in the final days Thaksin Shinawatra following “Regardless of the investigation’s findings, the go- of the conflict,” said a European journalist who anti-Thaksin Yellow Shirt vernment will assume its responsibility.” was on the streets of Bangkok. “There were clearly protests “The figures don’t lie,” former Prime Minister no rules of engagement and the soldiers were left August 2007: New constitution Thaksin Shinawatra’s lawyer, Robert Amsterdam, to their own devices.” The foreign ministry’s spo- adopted told Reporters Without Borders. “The number of kesman nonetheless insists that there were spe- journalists and stretcher-bearers killed or woun- cific rules of engagement: “After the attack on our December 2007: Electoral victory ded shows a dramatic lack by Thaksin’s allies of concern for the safety of September 2008: State of emer- civilians. Indiscriminate use The cross-fire was very intense gency declared in Bangkok of violence was widespread. after clashes between Red And we have witnesses who « at that moment. There was no Shirt and Yellow Shirt activists tell us that journalists were longer any restraint on the part of December 2008: Opposition targeted. We are in the pro- leader Abhisit Vejjavija is cess of confirming these ac- either the soldiers or the UDD » appointed prime minister by counts and the government parliament after the ruling will have to respond to these charges (...) Most of unarmed soldiers on 16 April, the army received party’s dissolution the dead and wounded were among the Red Shirts. authorisation to use live rounds against armed Red March 2009: Thaksin urges his That clearly shows where the violence was coming Shirts, these famous men in black. The rules were allies to stand up to the govern- from (...) And we have no confidence in the politi- announced to the soldiers. The army was definitely ment. Tens of thousands of Red cal will to establish the truth.” not told to target civilians.” Shirts gather in Bangkok and Since agreeing to conduct an investigation northern Thailand. into the April and May violence in Bangkok, this February 2010: The supreme international lawyer has been banned from ente- Another issue of importance for Reporters court seizes more than half ring Thailand. Without Borders was the reinforcement of Thai of Thaksin’s assets after he media censorship and self-censorship. Taking ad- is found guilty of abusing his vantage of the imposition of a state of emergency, political position in order to the authorities, above all the Centre for Resolution enrich himself RULES OF ENGAGEMENT AND CEN- SorSHIP of the Emergency Situation (CRES), censored news March-April 2010: Thaksin’s websites such as Prachatai. Asked about this, fo- supporters occupy several Was the high number of journalists killed or reign ministry spokesman Thani said the govern- areas of Bangkok, demanding wounded due above all to a combination of un- ment accorded a great deal of importance to press new elections and Abhisit’s fortunate circumstances – the presence of many freedom but “the circumstances called for media resignation journalists (some of them not sufficiently trained responsibility. /// 7 April: State of emergency or equipped), very violent armed clashes in an declared urban environment, and the fact that the Thai soldiers were not adequately trained, above all in 10 April: Twenty people, inclu- dealing with unarmed civilians? Or was there an ding a Japanese cameraman and five soldiers, killed in armed clashes. 17 May: Renegade general Seh Daeng killed by a sniper while giving an interview to journalists A list of the incidents that this report 19 May: Sixteen people, inclu- ding Italian journalist Fabio looks at: Polenghi, are killed in the final 1. Death of Italian freelance photographer Fabio Polenghi army assault on the Red Shirt 2. Death of Japanese cameraman Hiroyuki Muramoto, who worked for Reuters camp. Several buildings in the capital are gutted by fires 3. Injury of Nelson Rand, a Canadian reporter working for France 24 TV started deliberately. Dozens of 4. Censorship of the Prachatai news website Red Shirt leaders and activists 5. Fire at Channel 3 headquarters in Bangkok are arrested. 6. Endangering of New York Times photo-stringer Agnès Dherbys 7. Injury of Jo Subin, a Thai photographer with the newspaper Matichon 8. Injury of Canadian freelancer Chandler Vandergrift 9. Account of a foreign correspondent who requested anonymity 10. Injury of Chaiwat Pumpaung, a Thai photographer with The Nation INQUIRY INTO CRIMES AGAINST MEDIA / THAILAND / THAILAND ///////////////////////////////////////// 4 FABIO POLENGHI Italian photographer A photographer, Fabio Polenghi was shot dead at around noticed a body on the tarmac behind me. I rea- lised at once it was Fabio. I cannot say where the 10:45 am on 19 May near Lumpini park, about one shots came from. kilometre from the heart of the Red Shirt demonstrations. I am not sure if he was killed because he was a Wearing a motorcycle helmet, Polenghi was shot during a journalist. The cross-fire was very intense at that moment. There was no longer any restraint on the violent clash between soldiers and Red Shirts defending a part of either the soldiers or the UDD. barricade. Four other people were killed in the course of this clash. Fabio’s camera disappeared. Do you know what happened? When he was hit, we tried to pull him out of the line of fire. A video was later broadcast showing us in the process of dragging him. You can also see a man dressed like a journalist who is holding one of Fabio’s hands and his camera. Since then, we have not found this camera. We are looking for it. Do you think Fabio was targeted as a journalist? A rumour had been circulating since mid-May that an unidentified sniper, perhaps an army sni- per or a UDD one, was going to kill a journalist. Some people might have had an interest in exa- cerbating the crisis. By killing a journalist, you would increase the level of disorder. But I have no evidence that this rumour was based on any facts. The Thai Journalists Asso- ciation had recommended not going to certain places © Masaru Goto that were considered too apanese photographer Masaru Goto, dangerous. a witness of Polenghi’s death, gave J this account to Reporters Without Do you think the Thai po- Borders. lice carried out a thorou- gh autopsy after Fabio’s Can you describe to us the circumstances in death? which you witnessed Fabio’s death? His body was quickly Polenghi’s sister, Isabel The first time I saw Fabio was in mid-April du- cremated after his death.