The impending execution of two Australian drug smugglers in Indonesia has seen Thailand’s own death penalty laws criticised by Thai human rights activists and a prominent Australian MP.
The activists argue that like Indonesia, Thailand imposes the death penalty for drug offences despite little evidence that it is successful as a deterrent.
Amnesty International Thailand's Parinya Boonridrerthaikul said support for the death penalty emerges from fears that sentenced criminals will re-commit crimes once released. "But the death penalty will not deter crimes because it does not address the root cause behind criminals’ actions," she said.
Australians Andrew Chan and Myuran Sukumaran, members of the so-called Bali Nine drug ring, have been sentenced to death by firing squad in Indonesia for drug smuggling.
Australian MP Tanya Plibersek, who spoke in defence of the pair, also criticised the Thai death penalty.
Ms Plibersek, the Labor Party deputy leader, argued the death penalty does not allow rehabilitation of prisoners.
Her husband Michael Coutts-Trotter was imprisoned in the 1980s for drug smuggling, but later turned over a new leaf to become a well-regarded educator and public servant, she said.
“What would have happened if he had been caught in Thailand instead of Australia? What would the world have missed out on?” she said.
The Australian government has opposed the death penalty for many years, as it considers it an inhumane form of punishment, she said. It cites the lack of conclusive evidence surrounding its deterrent value, and the risk of a miscarriage or failure of justice, which cannot be remedied in such cases once the sentence is carried out.
In Thailand, 55 offences are punishable by death, including rape, aggravated murder, kidnapping, terrorism, treason, espionage, economic crimes and drug-related offences.
As of August 2014, 623 prisoners (572 men and 51 women) were on death row in Thailand with an overwhelming 40% of the men and 82% of the women sentenced for drug-related offences, says the International Federation for Human Rights.
The most recent execution in Thailand was of two drug traffickers by lethal injection in Bang Khwang prison in April 2009.
Human Rights Watch researcher Sunai Phasuk urged the public to not let emotional indignation get in the way of ensuring the condemned are treated fairly.
“We are trying to educate the public that justice is different from vengeance,” Mr Sunai said. “We risk falling into a mass vendetta that doesn’t serve any justice or promote any human rights.”
In July 2014, Thailand told the UN General Assembly it would study the possibility of abolishing capital punishment. Deputy Prime Minister Wissanu Krea-ngam announced last Thursday the cabinet has approved the Third National Human Rights Plan, which proposes to abolish capital punishment.
Yet in September, the military junta said it wanted to extend the application of the death penalty to crimes causing airport closures or damage to airport facilities or aircraft.
Human rights activist Angkhana Neelapaijit is not optimistic the Constitution Drafting Committee or the government will follow through with changes.
“Most Thai officials don’t accept we need reform of the justice system. They often think our justice system is excellent and judicious.”
“The military has a narrow vision. They have the Military Court where you cannot appeal or have a lawyer. The military trusts the judges will deliver justice," she added.
In response to the impending Bali Nine executions, Australia has ramped up pressure on the Indonesian government, warning of a possible tourism boycott.
Ms Angkhana encouraged the international community to bring similar pressure to bear on the Thai government.