Category Archives: Arrest, Detention and Deportation
(CNN) — A criminal defamation case against two journalists in Thailand is set to proceed this week, despite calls from the United Nations and prominent rights groups for the charges to be dropped amid concerns over press freedom there.
The charges relate to an article published July 17 last year that included information from a Reuters investigative piece that alleged some Thai naval forces have been profiting from the smuggling of ethnic Rohingya people fleeing violence in neighboring Myanmar. Reuters won a Pulitzer Prize in international reporting for its series on the persecution of the Rohingya on Monday.
The Phuketwan journalists are accused of knowingly publishing false information and committing slander, according to the charge sheet.
In December, the Thai navy filed criminal defamation and computer crimes charges against the reporters from Phuketwan, a small news website in the province of Phuket, over a report connecting military personnel to human trafficking.
Veteran Australian journalist and editor of Phuketwan, Alan Morison, and reporter Chutima Sidasathian, a Thai citizen, have been advised that the case will proceed at Phuket’s Provincial Court on April 17, according to a Phuketwan report.
Phuket’s public prosecutor, Wiwat Kijjaruk told CNN Friday there was enough evidence to proceed with the case.”Even though the two said that they just republished an article from Reuters … they should have checked the facts before doing so,” he said.
Brad Adams, Human Rights Watch
If convicted, Morison and Chutima could face up to seven years in jail.
A United Nations human rights official has called on the Thai government to drop the case.
“Criminal prosecution for defamation has a chilling effect on freedom of the press,” said Ravina Shamdasani, the spokesperson for the Office of the High Commissioner for Human Rights. “International standards are clear that imprisonment is never an appropriate penalty for defamation.”
Human Rights Watch, which condemned the lawsuit along with other NGOs, said the Thai navy should allow authorities to look into the allegations of trafficking and other mistreatment of Rohingya migrants.
“Prosecutors should be investigating the poor treatment of Rohingya boat people instead of targeting journalists,” said Brad Adams, Asia director for Human Rights Watch in a statement.
CNN could not reach the Thai navy for comment for this story. After the charges were filed in December, an official from the Royal Thai Navy, who asked not to be named, told CNN the navy “does not intend to obstruct any media from, or threaten any media for performing their duties. What we are trying to do is to protect our organization from false allegations.” The navy has not released an official statement about the case.
Reuters has not been notified of any legal action over its report, which a spokesperson for the company said “was the product of extensive reporting, is fair, balanced and contextualized.”
“We wish to emphasize that Reuters’ story does not single out the Thai Royal Navy, but explores the responsibility of all involved in patrolling the Thai seas and provides their perspectives.”
According to Phuketwan, other Thai news organizations that also published the text at the center of the case have not been charged.
If found guilty, Morison and Chutima could face jail time of up to two years on the criminal defamation charges and five years for breaching the Computer Crimes Act, as well as a fine of around $3,000.
‘In defense of media freedom’
Thailand’s Computer Crimes Act aims to stop the spread of content believed to threaten national security or create panic, but it has attracted criticism from freedom of speech advocates and internet providers for making online users liable for reproducing material originally published by others.
Denying the charges, Morison, 66, said that he will not apply for bail if a court seeks it, “in defense of media freedom in Thailand.”
Originally from Melbourne, Morison has been in Phuket for 11 years, where he produces Phuketwan and also freelances for international media, including CNN, The Sydney Morning Herald and the South China Morning Post. He worked for CNN as CNN.com Asia Deputy Editor in 2001-2002.
Phuketwan has become known for its investigations into the alleged mistreatment of Rohingya, many of whom arrive in Thailand by boat after fleeing ethnic and religious violence in Myanmar.
Reports of Rohingya ending up in camps where they are held at ransom, beaten, killed or sold as laborers have been documented by NGOs and media organizations.
The Thai government says it is committed to combating human trafficking in Thailand but denies that the Rohingya are victims of trafficking. It says that the Rohingya are migrants who consent to being smuggled.
In a 2013 human trafficking report submitted to the U.S. State Department in March, Thailand does not include any Rohingya in its trafficked persons statistics, a spokesperson for the Thai Ministry of Foreign Affairs, Sek Suwannamethee told CNN Friday.
The State Department is due to release its latest ranking of countries’ efforts to combat human trafficking in June. Thailand will be downgraded to Tier 3, the lowest rank, unless it makes “significant efforts” to tackle the issue, according to the State Department.
By Sophie Brown and Kocha Olarn, CNN
Published on 15 April 2014
After a two-hour trek through swamp and jungle, Police Major General Thatchai Pitaneelaboot halts in a trash-strewn clearing near Thailand’s remote border with Malaysia.
“This is it,” he says, surveying the remains of a deserted camp on a hillside pressed flat by the weight of human bodies.
Just weeks before, says Thatchai, hundreds of Rohingya Muslim refugees from Myanmar were held captive here by one of the shadowy gangs who have turned southern Thailand into a human-trafficking superhighway.
With Thatchai’s help, Thailand is scrambling to show it is combating the problem. It aims to avoid a downgrade in an influential U.S. State Department annual report that ranks countries on their anti-trafficking efforts.
But a Reuters examination of that effort exposes flaws in how Thailand defines human trafficking, exemplified by its failure to report the lucrative trafficking of thousands of Rohingya confirmed in Reuters investigations published in July and December.
In March, Thailand submitted a 78-page report on its trafficking record for 2013 to the State Department. Thai officials provided a copy to Reuters. In the report, Thailand includes no Rohingya in its tally of trafficked persons.
“We have not found that the Rohingya are victims of human trafficking,” the Thai Ministry of Foreign Affairs said in a statement. “In essence, the Rohingya question is an issue of human smuggling.”
The distinction between smuggling and trafficking is critical to Thailand’s assertion. Smuggling, done with the consent of those involved, differs from trafficking, the business of trapping people by force or deception into labor or prostitution.
A two-part Reuters investigation in three countries, based on interviews with people smugglers, human traffickers and Rohingya who survived boat voyages from Myanmar, last year showed how the treatment of Rohingya often constituted trafficking. Reporters found that hundreds were held against their will in brutal trafficking camps in the Thai wilderness.
A record 40,000 Rohingya passed through the camps in 2013, according to Chris Lewa, director of Arakan Project, a humanitarian group.
The Rohingya’s accelerating exodus is a sign of Muslim desperation in Buddhist-majority Myanmar, also known as Burma. Ethnic and religious tensions simmered during 49 years of military rule. But under the reformist government that took power in March 2011, Myanmar has endured its worst communal bloodshed in generations.
After arriving by boat to Thailand, criminal networks transport Rohingya mainly into neighboring Malaysia, a Muslim-majority country viewed by Rohingya as a haven from persecution. Many are held by guards with guns and beaten until they produce money for passage across the Thai border, usually about $2,000 each – a huge sum for one of the world’s most impoverished peoples.
Thailand faces an automatic downgrade to Tier 3, the lowest rank in the U.S. government’s Trafficking In Persons (TIP) Report, unless it makes “significant efforts” to improve its record, according to the State Department. The agency is expected to release its findings in June.
“GRIEVOUS RIGHTS ABUSES”
A Tier 3 designation would put the Southeast Asian country alongside North Korea and the Central African Republic as the world’s worst centers of human trafficking, and would expose Thailand to U.S. sanctions.
If Thailand is downgraded, the United States, in practice, is unlikely to sanction the country, one of its oldest treaty allies in Asia. But to be downgraded would be a major embarrassment to Thailand, which is now lobbying hard for a non-permanent position on the United Nations Security Council.
Reuters asked New York-based Human Rights Watch to review the report that Thailand recently submitted to the State Department. The watchdog group, which monitors trafficking and other abuses globally, said it was concerned that two-thirds of the trafficking victims cited in the report were Thai nationals.
“Any examination of trafficking in Thailand shows that migrants from neighboring countries are the ones most trafficked,” said Brad Adams, the group’s Asia director. “Yet Thailand’s identification statistics show far more Thais than migrants are found as victims.”
He added that the numbers were also flawed due to the absence of Rohingya among the list of trafficking victims. Thailand failed to recognize “the grievous rights abuses the Rohingya suffer in these jungle camps, and the fundamental failures of the Thai government to do much about it.”
The State Department said it is examining Thailand’s submission. “We have received the information from the Thai government, and it is currently under review,” Ambassador at-Large Luis CdeBaca of the Office to Monitor and Combat Trafficking in Persons said in a statement to Reuters.
“PLIGHT OF THE ROHINGYA”
The next TIP Report will appraise Thailand’s anti-trafficking efforts in 2013.
That year ended with the State Department and the United Nations calling for investigations into the findings of a December 5 report by Reuters. That article uncovered a secret Thai policy to remove Rohingya refugees from Thailand’s immigration detention centers and deliver them to human traffickers waiting at sea.
Thailand made “significant progress” in combating human trafficking in 2013, said its foreign ministry, citing data included in the recent 78-page report Bangkok submitted to the State Department.
According to the Thai report, Thailand convicted 225 people for human trafficking in 2013, compared to 49 people in 2012. (According to the State Department, Thailand convicted only 10 people in 2012.)
The report said Thailand identified 1,020 trafficking victims in 2013, compared to 592 in 2012, and almost doubled the government’s anti-trafficking budget to 235 million baht ($7.3 million).
It identified victims by nationality, counting 141 people from Myanmar among the victims. But none were Rohingya, who are mostly stateless. The Myanmar government calls the Rohingya illegal “Bengali” migrants from Bangladesh. Most of the 1.1 million Rohingya living in Myanmar’s western Rakhine State are denied citizenship.
In January 2013, said the Thai report, more than 400 Rohingya illegal migrants were found in rubber plantations near the Thai-Malay border in Thailand’s Songkhla province. Seven Thai suspects were arrested and charged with smuggling and harboring of illegal migrants, and were later convicted.
The Thai report describes this group of Rohingya as being smuggled, not trafficked.
However, the Reuters article in December documented a clandestine Thai policy to remove those Rohingya from immigration detention centers and deliver them to human traffickers and smugglers waiting at sea. Many Rohingya were then ferried back to brutal trafficking camps in Thailand, where some died.
The official Thai report said the government “has taken every effort to suppress the smuggling of Rohingyas over the years and to reduce the risk of Rohingyas being exploited by transnational trafficking syndicates.”
“The plight of the Rohingyas who left their homeland is essentially one of people smuggling, not one that is typical of human trafficking,” said the report.
Pongthep Thepkanjana, the caretaker deputy prime minister, said he would not speculate on whether Thailand’s efforts were enough for an upgrade on the U.S. trafficking rankings.
“We don’t do this just to satisfy the United States,” Pongthep, who chairs Thailand’s national committee to implement anti-trafficking policy, told Reuters. “We do this because trafficking in persons is a bad thing.”
The anti-trafficking efforts of Police Major General Thatchai are part of that undertaking.
At the abandoned camp he recently examined, Thatchai said scores of Rohingya were beaten until relatives agreed to pay for their release and onward passage to Malaysia. Other Rohingya have died of abuse or disease in nearby trafficking camps whose locations were revealed by the December 5 Reuters report.
Thatchai took charge of the region’s anti-trafficking efforts in October. He has vowed to shut the trafficking camps, break up the gangs and jail their leaders.
“They torture, they extort, they kill,” said Thatchai, 46, who speaks in an American accent picked up while earning a doctorate in criminal justice in Texas. “It’s too much, isn’t it?”
His campaign has freed nearly 900 people from camps and other trafficking sites and unearthed new detail about criminal syndicates in southern Thailand.
Well-oiled Rohingya-smuggling networks are now being used to transport other nationalities in large numbers, said Thatchai. He said he has identified at least six smuggling syndicates in southern Thailand, all run by Thai Muslims.
This year, along with hundreds of Rohingya, he has also detained about 200 illegal migrants from Bangladesh, as well as nearly 300 people claiming to be Turks but believed to be Uighur Muslims from China’s restive province of Xinjiang.
Like officials in Bangkok, Thatchai generally characterized the transporting of Rohingya through Thailand as human smuggling, not human trafficking.
At the same time, he said his aim was to disrupt the camps through raids and use testimony from victims to unravel the networks. He hopes to gather enough evidence to convict southern Thailand’s two main people-smuggling kingpins on human trafficking charges.
One target lived in Ranong, a Thai port city overlooking Thailand’s maritime border with Myanmar. This suspect, Thatchai said, sells Rohingya to the other syndicates. They then resell the Rohingya at marked-up prices to Thai fishing boats, where bonded or slave labor is common, or take them to camps to beat more money from them – usually a sum equivalent to about $2,000.
The Ranong kingpin made about 10 million baht ($310,000) a month this way, alleged Thatchai, and owned dozens of pick-up trucks to move his human cargo.
“THERE WAS TORTURE”
The second suspect was a leader of a syndicate in the province of Satun. That gang is believed to operate a string of camps along the province’s border with Malaysia – including the abandoned camp Reuters visited with Thatchai on March 27.
At least 400 Rohingya, including many women and children, were held at that camp for up to a month, said Thatchai. The Rohingya were guarded by armed men and fed two meals of instant noodles a day.
“Today we have proved that what the victim said is true,” Thatchai said after the site visit. “There was a camp. There was torture and kidnapping.”
But Thatchai also said he thinks no amount of raids and arrests in Thailand will staunch the flow of Rohingya out of Myanmar’s Rakhine State.
Deadly clashes between Rohingya and ethnic Rakhine Buddhists erupted in Buddhist-majority Myanmar in 2012, leaving hundreds dead and thousands homeless, most of them Rohingya.
Since then, about 80,000 Rohingya have fled Myanmar by boat, according to the Arakan Project.
More look set to follow, after attacks by ethnic Rakhine mobs in late March forced foreign aid workers to evacuate the state capital of Sittwe. This has jeopardized the delivery of food and water to tens of thousands of Rohingya.
By Andrew R.C. Marshall and Amy Sawitta Lefevre. Additional reporting by Jason Szep in Washington. Editing by Jason Szep, Bill Tarrant and Michael Williams, Reuters.
Published on 10 April 2014.
Migrant workers who overstay their work visa will not lose their entitlement to social security benefits, the Labour Ministry said yesterday.
The workers, mostly from Myanmar, are required to leave the country after having worked here for four years. They must return to their home countries and remain there for three years before they can return to work in Thailand.
A change was made to the memorandum of understanding signed between labour authorities of the two countries to reduce the waiting period to one day. However, the change has not been endorsed by the caretaker cabinet which has no power to sign agreements that legally bind the next government.
Without this endorsement, the three-year waiting period remains and more than 100,000 migrant workers who have worked in Thailand for more than four years have been declared as overstaying their work visa and face deportation.
To rectify the problem, the Labour Ministry has proposed that immigration laws be relaxed to allow the overstayers to continue working.
The ministry will ask the Immigration Police Bureau not to arrest them as part of measures to help migrant workers while the country waits for a new government, he said.
Department of Employment director-general Prawit Khiengpol has also allayed workers’ fears they might lose social security benefits if they remain in the country as overstayers.
Mr Prawit said the workers retain their right to social security coverage as long as they remain employed and contribute to the Social Security Fund.
Thay Thay Oo, a 25-year-old Myanmar worker in Samut Sakhon, said social security entitlements will cover the hospital bill when she gives birth in two months’ time.
She was worried about being sent home and the possible financial burden in the event she was allowed to stay and work in Thailand but was deprived of social security benefits.
Aung Kyaw, president of the Migrant Workers Rights Network, says the delay to the ratification of the MoU amendment could lead to a spike in human trafficking.
By Penchan Charoensuthipan, Bangkok Post
Published on 6 March 2013
BANGKOK (AFP) – Thailand has sent around 1,300 Rohingya refugees back to Myanmar, a top official said on February 13, dismaying rights campaigners.
Thousands of Rohingya, described by the United Nations as among the world’s most persecuted minorities, have fled sectarian violence in western Myanmar in rickety boats since 2012, mostly heading for Malaysia.
Many of those who arrived in Thai waters were locked up in overcrowded immigration prisons.
Thai authorities began deporting the Rohingya in September through a border checkpoint in the province of Ranong, national immigration chief Lieutenant General Pharnu Kerdlarpphon told AFP.
“The whole deportation process was completed in early November,” he added.
It was the first official news of the deportation.
Rights activists criticised the move to return the Rohingya to Myanmar, where they face travel restrictions, forced labour and limited access to healthcare and education.
“The deportation of Rohingya is a blatant violation of international laws that prohibit sending back refugees and asylum-seekers to a place where they can face danger and persecution,” said Sunai Phasuk, a senior researcher with New York-based Human Rights Watch.
Rights groups say the Rohingya often fall into the hands of people-traffickers, sometimes after they are deported by Thailand.
Sunai urged the Thai authorities to explain what had happened to the 1,300 Rohingya, saying the foreign ministry did not appear to have been involved in the deportation.
There was no immediate comment from the ministry.
Thailand said last year it was investigating allegations that some army officials in the kingdom were involved in the trafficking of Rohingya.
Roughly 500 Rohingya are believed to remain in detention in Thailand following a raid on a suspected people-trafficking camp last month.
Myanmar regards its population of roughly 800,000 Rohingya as illegal Bangladeshi immigrants and denies them citizenship.
More than 200 people have been killed and more than 140,000 left homeless in several outbreaks of Buddhist-Muslim violence since June 2012 in Myanmar’s Rakhine state.
The United Nations has called on Myanmar to investigate reports – denied by the authorities – that dozens of men, women and children were killed in attacks on Rohingya last month with the alleged involvement of police.
Published on 13 February 2014
BANGKOK — Thai police have rescued hundreds of Rohingya Muslims from a remote camp in a raid prompted by a Reuters investigation into human trafficking, police officials said on Monday.
Police detained 531 men, women and children in Sunday’s raid at a camp near the town of Sadao in the southern province of Songkhla, on a well-established route for human smugglers near Thailand’s border with Malaysia. It was the first raid on illegal Rohingya smuggling camps since Jan. 9, 2013.
The police said they were following up on a Dec. 5 Reuters report that Rohingya were held hostage in camps hidden near the border with Malaysia until relatives pay ransoms to release them. Some were beaten and killed.
The Rohingya are mostly stateless Muslims from Burma. Deadly clashes between Rohingya and ethnic Arakanese Buddhists erupted in Buddhist-majority Burma last year, making 140,000 people homeless, most of them Rohingya.
Since then, tens of thousands of Rohingya have fled from Burma by boat and many arrive off southwest Thailand.
The United Nations and the United States called for an investigation into the Reuters report, based on a two months of research in three countries, that revealed a clandestine policy to remove Rohingya refugees from Thai immigration detention centers and deliver them to human traffickers waiting at sea.
“After Reuters gave us information, we ordered an investigation into the camps,” said Chatchawan Suksomjit, deputy national police chief. He said they captured three suspected ringleaders at the camp, all of them Thai males.
Reuters gave the Thai authorities coordinates to one camp near Sadao which was empty by the time they arrived, but police found another camp nearby.
“From the Reuters report, we received a clue that it was in Kao Roop Chang [village]. But the camp was already moved from there when we found it. We found only an empty camp there. So we investigated more until we found the new camp,” said Colonel Kan Tammakasem, superintendent of immigration in Songkhla.
The plight of the Rohingya illustrates the limits to Burma’s wave of democratic reforms since military rule ended in March 2011. Inside Burma, they face apartheid-like conditions and, according to the United Nations, many forms of “persecution, discrimination and exploitation.”
Police are trying to identify the origins of those detained after the raid, not all of whom were Rohingya, said Chatchawan. “We are interviewing all of them to see if they are victims of human trafficking,” he said.
They are being kept at an immigration detention center in Songkhla.
“We have to interview them and proceed according to Thai immigration laws,” he said. “It will depend on whether they want to go back. If they are willing we will send them back as we have done before.”
Last year, Thailand implemented a secretive policy to deport the Rohingya.
These deportations delivered many Rohingya back into the hands of smuggling networks and human traffickers, who in some cases ferried them back to Thailand’s secret border camps, reported Reuters.
The raid comes as the US State Department is finalizing its research for its next Trafficking In Persons (TIP) report, due in June, which ranks countries on their counter-trafficking performance.
Thailand is Southeast Asia’s second-biggest economy and a close US ally, but has a poor record in fighting trafficking and faces a possible downgrade to the report’s lowest rank, putting it at risk of US sanctions and potentially placing it on a par with North Korea and Iran.
Nine people were arrested in Thailand in relation to Rohingya smuggling in 2013, including two government officials, according to police data, but none of the arrests has led to convictions.
By Amy Sawitta Lefevre and Andrew R. C. Marshall, Reuters
Published on 27 January 2014