A call for real national heroes: stand and be judged

THAILAND

Establishing order by declaring a state of emergency is only one part of the rule of law. An impartial system of courts and a confrontation with past impunities are also necessary.

The court has already handed down its decision on former prime minister Thaksin Shinawatra. But the illegal seizure of power by the military coup in 2006 has not been dealt with. The case against the People's Alliance for Democracy's illegal attempt to close the parliament from meeting, and the illegal seizures of Government House and airport has not proceeded very far, and it appears that its leaders may eventually be indicted with lesser charges, if at all.

A leader of the United Front for Democracy against Dictatorship (UDD) has been charged with insurrection.

Thailand is lost in its relativism. The Council for National Security (CNS) said it had to stage the coup. Its leaders' understanding of "necessity" absolves them of their crime.

The PAD said it needed to seize the airport. UDD leaders said the coup was illegal and the PAD has not been punished. They said therefore that they had to apply pressure by closing down the roads and wreaking havoc on the activities of the government.

But what about dropping all the discussion of "necessity" and "justification" for breaking the law, and an honest declaration: "I knowingly broke the law and will serve the time." Period.

The simple and evident truth becomes obscured through partisan rationalisations which appears (and is) self-serving hypocrisy.

Every Thai political leader claims to be acting for the good of the nation, and says much about sacrifice. A sacrifice would entail adopting a noble attitude, and a willingness to suffer the consequences for doing something you believed in.

But there has been no sacrifice.

It is time to see simple truth for what it is. It is time for real heroes to step forward.

1. Thaksin should return to Thailand and start serving his time. He broke the law and must pay the price.

2. The CNS broke the law by staging a coup. They should turn themselves in, insist on repealing their own amnesty and demand prosecution for the overthrow of the government.

3. The PAD leaders broke the law by trying to close Parliament, seized Government House, and closed down the airports. They incited violence. They should turn themselves in and insist on prosecution for rebellion.

4. The UDD leaders broke the law by inciting rebellion. They should turn themselves in and insist on prosecution.

5. Any other parties who supported the illegal actions of the groups above should turn themselves in and demand prosecution. This would be noble.

In court, these leaders can stay focused on the truth by affirming clearly that they broke the law. They can appeal to the court's mercy with all the reasoning and rationalisations for lessening the sentence.

If the PAD leaders, for instance, were driven by noble sentiments, took the first step by demanding judicial condemnation, the public would no longer be as confused as it is now when the PAD calls illegal those UDD activities that appear similar to those carried out by the PAD last year.

The PAD leaders could then claim to be real heroes, and the entire edifice of UDD grievance would collapse.These various individuals should do what is right by the law and nation. The real hero acts, recognises the act for what it is, and accepts the consequences without making a fuss. The jail time is the sacrifice for doing what one believes in, while understanding it was against the law, and is willing, if not eager, to pay the price.

More importantly, the rule of law could be re-established and impunity would no longer find a safe haven in Thai society.

Simple truths - like trying to overthrow the government is illegal - could again be recognised for what they are.

David Streckfuss earned his PhD in Southeast Asian History at the University of Wisconsin-Madison.