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When the killing hour arrives


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Bangkok Post

30 Aug 2009

 

 

At about 1.30pm on Monday, the heart of the commander of Bang Khwang central prison grew heavy when a message was delivered to him by the Corrections Department.

 

It was an order from the Prime Minister's Office, requesting the prison proceed with the execution of two prisoners, who at that time were taking in the afternoon air outside their prison dormitory.

 

After reading the order, Prasert Yusuphap sat in front of an image of the Lord Buddha in his office and started to pray and meditate. "I'm a Buddhist and I don't want to order the killing of anyone," said Mr Prasert.

 

He and 30 subordinates had to carry out one of the toughest tasks of a corrections official _ taking lives in the name of justice, a grisly duty spelled out in the Corrections Act.

 

Having been in charge of the prison for eight months, it was the first time Mr Prasert had to oversee executions. The last executions in Thailand were carried out in late 2003 when four prisoners were killed by lethal injection.

 

Mr Prasert realised that the death order could possibly lead to chaos in the prison, where inmates serving heavy sentences are often in a fragile state of mind, so he kept the news quiet for a few hours until all prisoners were inside their cells.

 

At Bang Khwang, 743 inmates out of the the total prison population of 4,163 are facing the death penalty. But this more often than not does not end in execution as they still have legal recourse through the supreme and appeals courts. A total of 112 have had their cases finalised by the courts. Of those, 35 have lodged a petition for an individual Royal Pardon while the remainder are in the process of doing so.

 

Bundit Jaroenwanit, 45, and Jirawat Poompreuk, 52, two convicted drug criminals according to prison authorities, were not granted pardons and so the execution order came from the Prime Minister's Office.

 

At about 4pm Mr Prasert called his men to tell them about the executions. About 15 were assigned to take care of the last-minute business of the two prisoners and the rest were to prepare the execution process.

 

The toughest job was asking three men to conduct the lethal injections. No one wanted to perform the job, Mr Prasert said.

 

Unlike execution by shooting, which was replaced by lethal injection in 2003, stopped in late 2001, Mr Prasert said, there is a "close-up" moment between the executioner and the prisoner when the drugs are injected into the body. He said as there were no volunteers.

 

Three guards who normally have routine chores such as watching over prisoners or providing occupational training were given the task.

 

"They don't want to do this, but someone must. It's our duty and we must perform it," said Mr Prasert.

 

The three guards headed to the prison's execution room to prepare the injections. Mr Prasert then informed the registration unit to identify the two men to be executed, who were then removed from their cells.

 

The pair were taken to the Phak Jai Sala (rest pavilion), to be informed about the death order. They signed forms to accept the decision and conducted the business of condemned men, ranging from writing wills to calling loved ones.

 

When it reached 6 pm, the pair were taken to the execution chamber, where they were given a chance to listen to chanting by a monk, and their last meal.

 

One hour later they were brought to the actual execution room where first they were injected with sodium thiopental, a barbituate which makes them unconscious, then pancuronium bromide, a muscle relaxant.

 

The last drug, potassium chloride, stops the heart beating.

 

"They [the executioners] asked for forgiveness from the two, and after they finished the task I advised them to do merit-making," said Mr Prasert, who walked back to his office to again pray for forgiveness in front of the Buddha image.

 

Lethal injection is regarded as one of the most humane methods of execution, but some human rights advocates, including the Amnesty International, have decried the practice of execution whatever the means used.

 

[color:red]Mr Prasert said that personally he did not agree with prisoner executions. He said that there could be flaws in the justice system which could end up with the wrong person being executed.[/color]

 

He said prisoners in Bang Khwang generally suffer enough from long-term sentences, some for life, and those showing remorse should be forgiven.

 

According to Nathee Chitsawang, the Corrections Department's chief, the department has not proposed any changes to the death penalty as the subject is still open to debate.

 

He said the department is an implementation body and had to follow directives. It has tried to take care of the officers involved in execution as best it can by providing training as well as extra allowances.

 

 

 

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Bangkok Post

30 Aug 2009

 

 

EDITORIAL: New 'moratorium' needed on executions

 

 

On Monday Thailand resumed the practice of state executions by putting to death by lethal injection Bundit Jaroenwanit, 45, and Jirawat Poompruek, 52, both arrested on March 29, 2001, on drug trafficking charges. At the time of the last executions in 2003 there was a lot of local and international criticism of the country's stance on capital punishment.

 

With the absence of executions and so many major and minor crises popping up in the meantime, the issue had been put on a back burner. Now, however, the national debate on capital punishment will surely resume, as well it should.

 

There are a number of questions that seem destined to remain unanswered. No explanation has been given on why the six-year unofficial moratorium on executions was suddenly broken, and apparently the two prisoners themselves were unaware of their fate until an hour or so before they were given the lethal injections.

 

There has been no word either on why these particular two men were chosen on such short notice to serve their punishment, or whether more executions will take place in the near future.

 

At present there are more than 700 prisoners under sentence of death in Thailand.

 

Every convicted prisoner, including those under sentence of death, has a right to petition His Majesty the King for a pardon, and over the years a number have received the royal pardon. Even if no pardon is given, however, historically a large percentage of those on death row are not executed but die of natural causes.

 

The Thai Criminal Code guarantees that after a prisoner is given a sentence of capital punishment he/she has the right to appeal to the Appeals Court and then the Supreme Court. Presumably Bundit and Jirawat did go through this process.

 

However, scant details of the court history of the cases against the two men have been made public.

 

Admittedly, the lack of clarity in the situation can be attributed to the media to some extent, but the difficulty in obtaining information is distressing to say the least.

 

There is no reason to believe that these men were given anything less than the due process guaranteed by law, but complete transparency in such a literally life-or-death matter should always be the order of the day.

 

Thailand is one of a number of Asian countries in which drug offences are punishable by death. It has been reported that Bundit and Jirawat were caught in possession of more than 114,000 methamphetamine pills. Proponents of the death penalty will correctly point out that this much methamphetamine is capable of causing a tremendous amount of misery, particularly among the young. But the chief justification for capital punishment is not to inflict revenge, it is to prevent future crimes of a serious nature.

 

In a response to Monday's executions, on Thursday the EU made known its position on this point: "The European Union would like to state its well-known position that the death penalty has not been found to act as a deterrent and that any miscarriage of justice - which is inevitable in any legal system - is irreversible." Calling capital punishment "cruel and inhuman", the EU called on the Thai government to abolish the death penalty and establish a moratorium in the meantime.

 

The United Nations General Assembly has overwhelmingly passed several resolutions calling for a moratorium on the death penalty, most recently on December 20, 2008. As might be expected, Thailand did not vote in favour of the moratorium, but such international pressure is a major reason why there were no executions for six years.

 

Now would be a good time to begin a new and official moratorium, especially given the mysterious nature of the unannounced executions on last Monday.

 

 

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