Thailand - Justice Under Fire

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0:00:02 > 0:00:08From the start, this programme contains some scenes which some viewers may find upsetting.

0:00:08 > 0:00:11A charismatic leader swept to power by the people's will.

0:00:11 > 0:00:16To the world, Thailand is the latest country to experience a democratic awakening.

0:00:18 > 0:00:21But there is a darker story.

0:00:21 > 0:00:23EXPLOSION

0:00:23 > 0:00:25GUNFIRE

0:00:26 > 0:00:28A story of killing and cover-up.

0:00:30 > 0:00:33- And where were the bullets coming from?- From up there.

0:00:35 > 0:00:39Last year, scores of civilians were killed in bloody clashes in Bangkok,

0:00:39 > 0:00:41many shot by the army.

0:00:41 > 0:00:46But the military hasn't faced justice for ITS role.

0:00:46 > 0:00:48As they battle for the truth,

0:00:48 > 0:00:51the families of the victims say they're obstructed at every turn.

0:00:51 > 0:00:58- TRANSLATION:- I am furious, defeated and angry, all together. Why?

0:00:58 > 0:01:01I feel sorry because I know who ordered the killing.

0:01:02 > 0:01:08Tonight, some of the government's investigators tell us they're being told to cover up army killings.

0:01:11 > 0:01:17Now, after her landslide election victory, the new leader promises to expose the truth.

0:01:17 > 0:01:22If she delivers, it will be an historic first for Thailand.

0:01:22 > 0:01:26We journey into the murky world of power in Thailand,

0:01:26 > 0:01:32and ask if those who've always killed with impunity will at last face justice?

0:01:45 > 0:01:48It is a haven of peace in the centre of Bangkok.

0:01:48 > 0:01:51A Buddhist temple.

0:01:54 > 0:01:57But it's also a place of sorrow.

0:02:01 > 0:02:06For this mother, Payao Akkhahad, has come to make an offering for the soul of a daughter,

0:02:06 > 0:02:08killed here a year ago.

0:02:10 > 0:02:13TRANSLATION: I don't want to come here,

0:02:13 > 0:02:16because when I'm here I really miss my daughter.

0:02:16 > 0:02:20This is the only place in Bangkok I don't want to be.

0:02:28 > 0:02:32Nurse Kamonked was killed tending to the wounded in a medical tent

0:02:32 > 0:02:35when Thailand's army fired into this temple last May.

0:02:35 > 0:02:3925-year-old Ked had always wanted to help the victims of disaster

0:02:39 > 0:02:43and joined the Red Cross as a volunteer nurse.

0:02:46 > 0:02:51TRANSLATION: She had a volunteer spirit. I often stopped her going.

0:02:51 > 0:02:53The reason I stopped trying to discourage her

0:02:53 > 0:02:58was after she came back from helping people at the tsunami. Then, she went without telling me.

0:02:58 > 0:03:00And when she came back I told her off.

0:03:00 > 0:03:03My daughter said to me, "Don't worry about me.

0:03:03 > 0:03:05"I am part of this country."

0:03:11 > 0:03:16For the last 12 months, Payao Akkhahad has battled to uncover the truth

0:03:16 > 0:03:20about what happened in this sacred place.

0:03:20 > 0:03:24But a year on, she's no nearer getting justice.

0:03:26 > 0:03:31On the other side of the world, another woman is caught up in the same struggle.

0:03:31 > 0:03:36On the day Nurse Ked was killed, a 45-year-old Italian photographer

0:03:36 > 0:03:40was recording the unfolding drama on Bangkok's streets.

0:03:42 > 0:03:45He was a young man that loves very much music...

0:03:47 > 0:03:49..very friendly,

0:03:49 > 0:03:51very sporty,

0:03:51 > 0:03:55loves very much women!

0:03:55 > 0:03:58And a simple, simple, simple person.

0:03:59 > 0:04:04Fabio Polenghi followed his sister Isa into photography.

0:04:04 > 0:04:08From Milan, his early work was in fashion.

0:04:11 > 0:04:13But he became bored

0:04:13 > 0:04:17and began working on social issues in the developing world.

0:04:17 > 0:04:20INDISTINCT CHATTER

0:04:20 > 0:04:23Last year, he was following a story of political upheaval -

0:04:23 > 0:04:27the anti-government red-shirt protests in Bangkok.

0:04:31 > 0:04:34He'd been there for three months when his sister,

0:04:34 > 0:04:38asleep in her Milan apartment, was awoken by a telephone call.

0:04:40 > 0:04:43Around eight, my phone start to ring.

0:04:45 > 0:04:49And a friend of mine, a very old friend of mine,

0:04:49 > 0:04:53just starts shouting in my ear, "Fabio's been killed."

0:04:55 > 0:04:59Isa flew immediately to Bangkok.

0:04:59 > 0:05:03She found Fabio in a hospital mortuary.

0:05:03 > 0:05:06I could see Fabio laying down on this little bed.

0:05:08 > 0:05:11His face was far away from what I remember of him.

0:05:13 > 0:05:20You try to recognise, but there is something that...probably is...

0:05:20 > 0:05:24is...is that you realise the person is gone.

0:05:26 > 0:05:29Isa knew Fabio had been shot dead on the final day

0:05:29 > 0:05:33of the red-shirt protests, May 19th 2010.

0:05:35 > 0:05:39His friends showed her his blood at the scene of the killing.

0:05:39 > 0:05:42She watched as the council trucks washed it away.

0:05:52 > 0:05:56Back in Milan, Isa was haunted by questions.

0:06:00 > 0:06:06She was troubled by information given to the Italian Ambassador by Thai authorities.

0:06:06 > 0:06:12He told me that Fabio was working up and down through the front line,

0:06:12 > 0:06:15and that snipers were shooting,

0:06:15 > 0:06:23and probably a red... a red shirt shoot him, a sniper.

0:06:25 > 0:06:27For Isa, that judgment was too swift.

0:06:29 > 0:06:35I say, "If it so clear, we have evidence...then."

0:06:35 > 0:06:38But there was no evidence, so...

0:06:38 > 0:06:42It was too fast conclusion.

0:06:44 > 0:06:46As two women - one Thai, the other Italian -

0:06:46 > 0:06:49set out to try and discover the truth,

0:06:49 > 0:06:52they would confront a culture in which the powerful

0:06:52 > 0:06:54have never been held to account.

0:07:00 > 0:07:04But to understand how their loved ones came to die on the streets of Bangkok,

0:07:04 > 0:07:09we must travel to the roots of a political crisis that divided Thailand.

0:07:14 > 0:07:18An ancient Thai inscription reads, "This land is good.

0:07:18 > 0:07:21"In the water there is fish, in the fields there is rice.

0:07:21 > 0:07:25"Whoever wants to trade, trades.

0:07:25 > 0:07:28"The faces of the people shine bright with happiness."

0:07:29 > 0:07:32Thailand refers to itself as "The Land of Smiles".

0:07:37 > 0:07:39The trouble with Thailand is the enormous gap

0:07:39 > 0:07:43between the very wealthy few and the peasant majority.

0:07:46 > 0:07:51Here in the rural heartland, a charismatic politician started a social revolution.

0:07:56 > 0:07:59TRANSLATION: During Thaksin Shinawatra's government,

0:07:59 > 0:08:03villages could complain about their troubles.

0:08:03 > 0:08:07The government responded to these troubles very well.

0:08:10 > 0:08:16In his government, uneducated and lower-class people could meet the Prime Minister.

0:08:17 > 0:08:20There were government authorities that helped people.

0:08:24 > 0:08:29Thaksin Shinawatra was an ex-police colonel who became a billionaire.

0:08:29 > 0:08:34His vast business empire even included Manchester City Football Club.

0:08:34 > 0:08:39He won two elections, in the process becoming Thailand's longest-serving Prime Minister.

0:08:41 > 0:08:45Despite widespread allegations of corruption and of major human rights abuse,

0:08:45 > 0:08:48he remained hugely popular with the poor.

0:08:51 > 0:08:55TRANSLATION: Every household had a better life, a better living.

0:08:55 > 0:08:58They had money that belonged to them and which they could spend.

0:08:58 > 0:09:01The economy in the village improved.

0:09:04 > 0:09:10It was out here in the countryside that Thaksin Shinawatra cultivated his power base

0:09:10 > 0:09:14among people who felt they'd never before had a stake in society.

0:09:14 > 0:09:17He forged this coalition of outsiders

0:09:17 > 0:09:20along with people in the sprawling cities,

0:09:20 > 0:09:25to create the most powerful mass political movement this country had ever seen.

0:09:32 > 0:09:36But it was a movement that would eventually face a bloody showdown

0:09:36 > 0:09:39on the streets of Bangkok.

0:09:40 > 0:09:45For Thaksin's power was a direct challenge to the elite who'd always dominated Thai life.

0:09:48 > 0:09:50The Democracy Monument in central Bangkok

0:09:50 > 0:09:55is a grandiose tribute to something Thais have only rarely experienced.

0:09:58 > 0:10:01- NEWSREEL:- As the guns fire a salute to their majesties,

0:10:01 > 0:10:04the King uses the occasion to glorify the role of the soldier

0:10:04 > 0:10:07as defender of the nation's integrity.

0:10:07 > 0:10:12In Thailand, real power has always lain with the monarchy and the army.

0:10:15 > 0:10:18They control a vast network of patronage.

0:10:21 > 0:10:25The 83-year-old King is widely revered.

0:10:26 > 0:10:30The army draws its legitimacy from acting as his defender.

0:10:32 > 0:10:36The military and the monarchy dominated politics.

0:10:36 > 0:10:37Who controls who?

0:10:37 > 0:10:42Is it the military controlling the monarchy, or is it the monarchy controlling the military?

0:10:42 > 0:10:45When two sides believe that they use one another,

0:10:45 > 0:10:48we have an English word - we call collaborations.

0:10:50 > 0:10:54Right! They collaborate. They use each other.

0:10:56 > 0:11:01To protect its power, the army has ruthlessly crushed any threats.

0:11:02 > 0:11:07In the last 70 years, there have been 18 military coups,

0:11:07 > 0:11:10and bloody crackdowns on political enemies.

0:11:10 > 0:11:13- NEWSREEL:- The assault began just after daybreak.

0:11:13 > 0:11:17Then came moments of pure horror as the 2,000 leftist students,

0:11:17 > 0:11:21including many girls, began surrendering.

0:11:21 > 0:11:26The police did nothing to prevent several being beaten to death after arrest.

0:11:28 > 0:11:32Not once have soldiers faced justice for their actions.

0:11:37 > 0:11:40- NEWSREEL:- The Thai military seem indifferent to the reaction,

0:11:40 > 0:11:45inside this country or outside, of such repression.

0:11:45 > 0:11:48The King has sometimes opposed such coups.

0:11:48 > 0:11:51But his interventions haven't altered

0:11:51 > 0:11:54the fundamental dynamic of Thai politics.

0:11:54 > 0:12:00The history of Thailand is dotted with coups,

0:12:00 > 0:12:03short-lived military governments,

0:12:03 > 0:12:06sometimes long-lived military governments,

0:12:06 > 0:12:11because the military sees itself, and the monarchy sees the military,

0:12:11 > 0:12:14as the protector of the monarch, not the protector of democracy.

0:12:14 > 0:12:20But Thaksin's natural instincts would bring conflict with this elite.

0:12:20 > 0:12:27I'm aggressive. I work fast. I want to drive to the success.

0:12:29 > 0:12:33Like an ambitious tycoon, Thaksin set out to extend his influence

0:12:33 > 0:12:37into the two most powerful institutions in Thailand.

0:12:37 > 0:12:41DR CHAMBERS: Thaksin wanted his own loyalists in charge.

0:12:41 > 0:12:43He began to politicise his military

0:12:43 > 0:12:48and elevated his own cousin to be army commander.

0:12:51 > 0:12:56This political poker game would bring Thailand closer to confrontation.

0:12:56 > 0:13:01According to secret American diplomatic cables obtained by WikiLeaks,

0:13:01 > 0:13:05Thaksin was also trying to exert influence inside the Royal Palace,

0:13:05 > 0:13:10by allying himself to the heir to the throne.

0:13:27 > 0:13:31But the buccaneering businessman had gone too far.

0:13:31 > 0:13:36In September 2006, Thaksin was overthrown while abroad,

0:13:36 > 0:13:42accused by the army of corruption, nepotism and insulting the King.

0:13:42 > 0:13:47- NEWSREEL:- So far, the absence of any resistance to the coup may be due to this man, the King.

0:13:47 > 0:13:50In this country, the monarchy is revered

0:13:50 > 0:13:55and the King seems to have given his tacit support to the takeover.

0:13:58 > 0:14:03Thailand was plunged into an era of political chaos.

0:14:03 > 0:14:08Thaksin exiled himself abroad to escape corruption charges.

0:14:08 > 0:14:10Pro and anti-Thaksin groups,

0:14:10 > 0:14:15defined by the colour of their shirts, took to the streets.

0:14:16 > 0:14:23In March 2010, pro-Thaksin red shirts began demonstrating to overthrow the government,

0:14:23 > 0:14:25a coalition backed by the army.

0:14:30 > 0:14:33TRANSLATION: I first joined on 12th March.

0:14:33 > 0:14:36I went with my three children.

0:14:36 > 0:14:41The feeling I had in joining the demonstrations, personally, I wanted Parliament dissolved.

0:14:41 > 0:14:45I wanted a fresh election. I wanted a new government.

0:14:48 > 0:14:52Samran Wa-ngam was typical of Thaksin's supporters.

0:14:52 > 0:14:57One of the rural poor, he'd originally come to Bangkok to search for work.

0:14:57 > 0:15:02Instead, his family would be engulfed by tragedy in the crisis ahead.

0:15:03 > 0:15:08TRANSLATION: The atmosphere at the beginning of the demonstration was fine. It was fun.

0:15:10 > 0:15:13The protests paralysed Bangkok's business district.

0:15:16 > 0:15:19On April 7th, protestors stormed Parliament.

0:15:19 > 0:15:22SHOUTING

0:15:22 > 0:15:24Ministers were forced to flee.

0:15:28 > 0:15:32Thailand was moving towards a decisive showdown.

0:15:37 > 0:15:39By April 10th, after weeks of demonstrations,

0:15:39 > 0:15:42the government had had enough.

0:15:43 > 0:15:49The army went in to clear demonstrators, firing tear gas and rubber bullets.

0:15:50 > 0:15:52I got a phone call from a friend

0:15:52 > 0:15:56saying that they're starting to shoot at demonstrators.

0:15:56 > 0:15:59GUNFIRE AND SHOUTING

0:15:59 > 0:16:04I heard, like, firecrackers...

0:16:04 > 0:16:05but actually, it's tear gas.

0:16:10 > 0:16:15TRANSLATION: Rubber bullets were fired, at first a few and then many of them.

0:16:16 > 0:16:20'Most demonstrators like Samran and his family were peaceful,

0:16:20 > 0:16:25'but there were some armed militants among the crowd facing the army.'

0:16:25 > 0:16:27TRANSLATION: My son was standing here.

0:16:27 > 0:16:31He was holding a Thai flag and shouting, "Red shirts, fight. Fight!"

0:16:31 > 0:16:34SHOUTING, MUSIC PLAYS

0:16:35 > 0:16:38There was a surreal soundtrack.

0:16:38 > 0:16:42The army pumped jazz music through loudspeakers,

0:16:42 > 0:16:46tunes composed by the King, a noted saxophone player.

0:16:46 > 0:16:49'I heard the royal jazz music

0:16:49 > 0:16:54'coming from the direction of the school.'

0:16:54 > 0:16:57So, you're standing there? You hear jazz music written by the King?

0:16:57 > 0:17:00It was composed by the King, yeah.

0:17:00 > 0:17:02- The army were playing this? - The army were playing it.

0:17:05 > 0:17:09The army say the music was intended to calm people.

0:17:09 > 0:17:14But then came an incident that dramatically changed the atmosphere.

0:17:14 > 0:17:16EXPLOSION

0:17:16 > 0:17:17SHOUTING

0:17:19 > 0:17:21Three grenades were fired into the army lines,

0:17:21 > 0:17:26killing the colonel leading the operation and four other soldiers.

0:17:26 > 0:17:28Many more were injured.

0:17:28 > 0:17:34Under continuing fire from armed militants operating on the red-shirt side,

0:17:34 > 0:17:36the panicked troops responded fiercely.

0:17:36 > 0:17:38SHOUTING, SIRENS

0:17:38 > 0:17:41GUNFIRE

0:17:47 > 0:17:50Some people were crying, some people were screaming,

0:17:50 > 0:17:53and even the medics, they also got, like, angry.

0:17:53 > 0:17:56They were saying, "How could you do this to the people?"

0:17:56 > 0:18:02Facing directly towards the army was Samran Wa-ngam and his two sons.

0:18:03 > 0:18:07Suddenly Sawat, the eldest, fell to the ground.

0:18:07 > 0:18:11TRANSLATION: He turned to look at his younger brother.

0:18:11 > 0:18:15Then he was shot in the head from above by a sniper.

0:18:15 > 0:18:17His head was a mess.

0:18:17 > 0:18:22This mobile phone footage shows the deadly result.

0:18:29 > 0:18:31TRANSLATION: After my son collapsed,

0:18:31 > 0:18:36I thought he was dead because his brain had splattered out on the road.

0:18:39 > 0:18:43After you saw him fall, what did you do then?

0:18:45 > 0:18:51After my son collapsed, I ran to him and I cradled his neck in my arms.

0:18:53 > 0:18:59The soldiers tried to pull him away by the legs, but were outnumbered by red shirts.

0:18:59 > 0:19:00So we held onto him.

0:19:02 > 0:19:08I took off my red shirt and wrapped up his brain, then I took him to the hospital.

0:19:10 > 0:19:14Then I took his brain to leave at the Democracy Monument.

0:19:15 > 0:19:1826 people were killed, over 800 injured

0:19:18 > 0:19:22in violence triggered by the grenade attack.

0:19:22 > 0:19:27It still hasn't been proved who did it but its effect was dramatic.

0:19:27 > 0:19:31As a result of the attack on April 10th,

0:19:31 > 0:19:36you see the Thai military becoming much more repressive

0:19:36 > 0:19:43against the red shirts, and really shooting into the crowds.

0:19:47 > 0:19:51In the chaos of last spring, a range of armed groups appeared on Bangkok's streets.

0:19:53 > 0:19:57Some consisted of former and current soldiers who supported Thaksin.

0:19:57 > 0:20:01These groups would become known as black shirts.

0:20:01 > 0:20:04They fired at the army on numerous occasions,

0:20:04 > 0:20:08killing and wounding soldiers and attacking political opponents of the red shirts.

0:20:10 > 0:20:14Militants also stormed a Bangkok hospital and threatened medical staff,

0:20:14 > 0:20:19according to the internationally respected group Human Rights Watch.

0:20:19 > 0:20:23As the conflict worsened, the highest price would be paid by the innocent.

0:20:25 > 0:20:28With his roots in fashion and social issues,

0:20:28 > 0:20:32Italian photographer Fabio Polenghi was no war journalist.

0:20:32 > 0:20:36But as things got worse, Fabio dedicated himself

0:20:36 > 0:20:39to documenting the reality on the streets.

0:20:42 > 0:20:47Fabio was giving a very sharp message, a very clean message.

0:20:47 > 0:20:49His work was

0:20:49 > 0:20:55to be a witness and to be a guard of human rights.

0:20:55 > 0:20:58On May 14th, parts of central Bangkok

0:20:58 > 0:21:01were declared live-fire zones by the army.

0:21:01 > 0:21:03GUNSHOT

0:21:03 > 0:21:06Despite a government offer of elections,

0:21:06 > 0:21:09the red shirts refused to move.

0:21:09 > 0:21:12The mood among some leaders had hardened.

0:21:12 > 0:21:15Some spoke of turning Bangkok into a sea of fire.

0:21:17 > 0:21:24Human Rights Watch accuse the army of randomly shooting into crowds.

0:21:24 > 0:21:27Of the more than 50 killed in this period,

0:21:27 > 0:21:30the overwhelming majority were civilians.

0:21:35 > 0:21:39On May 19th, the army advanced to clear the streets.

0:21:43 > 0:21:46The decisive hours were approaching.

0:21:59 > 0:22:04On the morning of the 19th, I remember looking out the window. There was a huge amount of smoke.

0:22:10 > 0:22:17The city was basically under siege and had been for the past week.

0:22:18 > 0:22:20I think everyone was wondering,

0:22:20 > 0:22:25"OK, is this the day that the whole thing is going to come crumbling down?"

0:22:25 > 0:22:29I left after that with my camera, just going handheld,

0:22:29 > 0:22:31and went into the red-shirt section.

0:22:31 > 0:22:33GUNSHOT

0:22:33 > 0:22:38Brad Cox found himself working alongside Fabio Polenghi

0:22:38 > 0:22:40at the barricade marking the front line

0:22:40 > 0:22:43of what had become red-shirt territory in central Bangkok.

0:22:46 > 0:22:48I was at the front barricade.

0:22:48 > 0:22:50This was a temporary set-up,

0:22:50 > 0:22:56and it was literally just a few tyres and a couple of iron bars.

0:22:56 > 0:23:00Metal bars. That was it. I mean, it really offered no protection.

0:23:00 > 0:23:05'Fabio's sister has retraced his final steps.'

0:23:05 > 0:23:10So, what happens is, you have the army coming from this direction...?

0:23:10 > 0:23:14The army, this direction, that direction.

0:23:14 > 0:23:18Fabio sees the army approaching from here, from here?

0:23:18 > 0:23:23- Down here, you had the red shirts? - Yeah, long way. Long way that way.

0:23:23 > 0:23:30A Dutch radio reporter was caught up in the events in the same area as Fabio and Brad Cox.

0:23:30 > 0:23:36I ran towards that point where the army was coming in and at some point,

0:23:36 > 0:23:38bullets started spraying everywhere.

0:23:38 > 0:23:41Everybody was ducking for cover.

0:23:41 > 0:23:44At some point, all the people around me started running.

0:23:44 > 0:23:46SHOUTING

0:23:48 > 0:23:50GUNFIRE

0:23:52 > 0:23:56All of a sudden, I got a real hard blow against my shoulder,

0:23:56 > 0:24:00and only after a while, I saw the blood coming out of it and I realised I was shot.

0:24:00 > 0:24:06I was with red-shirt members, maybe around 50 people, 60 people,

0:24:06 > 0:24:09at the intersection over there.

0:24:09 > 0:24:15I saw the soldiers, five or six soldiers, shot a gun to us.

0:24:15 > 0:24:21- Shot at you?- Sure. I'm sure. And we escape from intersection.

0:24:26 > 0:24:30With live fire coming their way, Fabio and the other journalists

0:24:30 > 0:24:33tried moving to safer ground, away from the army.

0:24:34 > 0:24:39- But there are bullets flying down here...- Yes.

0:24:39 > 0:24:42There are soldiers shooting from all over the place.

0:24:42 > 0:24:47Yes, and as well, from the buildings, snipers are shooting.

0:24:47 > 0:24:50GUNFIRE

0:24:50 > 0:24:55'There were armed militants like this one firing at the army in that area,

0:24:55 > 0:24:59'but all the journalist witnesses we've spoken with are adamant

0:24:59 > 0:25:03'they were being shot at from the direction of the military.'

0:25:03 > 0:25:07You see all around here there are holes from the shooting.

0:25:07 > 0:25:10Yes, let's have a look. I can see over here.

0:25:10 > 0:25:14- There you go, there's a bullet hole. - Yes.- There are just so many around here.

0:25:14 > 0:25:19And I suddenly felt this intense burning in my knee.

0:25:19 > 0:25:21I couldn't really understand what that was.

0:25:21 > 0:25:24I looked down and I saw that I'd been shot.

0:25:24 > 0:25:31My first impulse is, "Holy crap. I can't believe it. I got shot."

0:25:31 > 0:25:35I decided to turn around to see where it came from,

0:25:35 > 0:25:39and as I turned around, I saw Fabio Polenghi on the ground.

0:25:39 > 0:25:42- So, right around about here...- Here.

0:25:42 > 0:25:45..he heads out into the middle of the road.

0:25:45 > 0:25:47Presumably he's looking for cover on the other side.

0:25:47 > 0:25:52So Fabio heads out from here, moving really quickly. Running.

0:25:52 > 0:25:57- Gets to here and - bang - the shot rings out from somewhere around here and hits him.- Yes.

0:25:57 > 0:26:04So, Fabio...more or less here, was laying down facing that way.

0:26:06 > 0:26:10The Japanese photographer Saito Masayuki,

0:26:10 > 0:26:12seen here in the pink shirt and yellow helmet,

0:26:12 > 0:26:15was by Fabio's side.

0:26:15 > 0:26:19I turned round and I saw Mr Fabio and I took pictures.

0:26:19 > 0:26:23- Was he lying on the ground when you turned around?- Yes, yes.

0:26:23 > 0:26:28- So, these are photographs you took just after he'd been shot?- Yes.

0:26:30 > 0:26:33This is a photograph, in fact, here, isn't there...

0:26:33 > 0:26:37- That's you helping to drag him away. - Yes.

0:26:37 > 0:26:40- GUNFIRE - He was just down on the ground.

0:26:40 > 0:26:44He was obviously seriously, seriously hurt. He wasn't moving.

0:26:46 > 0:26:49Then other colleagues came from the other side.

0:26:49 > 0:26:53So, they came here and tried to pull him out.

0:26:53 > 0:26:55SHOUTING

0:26:57 > 0:27:01- But by then it's too late?- Yes.

0:27:01 > 0:27:05It was. He had one hit in the heart.

0:27:05 > 0:27:08SHOUTING

0:27:09 > 0:27:13If he wasn't dead in the moment that he was shot,

0:27:13 > 0:27:15he...he was soon thereafter.

0:27:15 > 0:27:17SHOUTING

0:27:24 > 0:27:28To try to find the truth, Isa Polenghi had to turn detective.

0:27:28 > 0:27:33She's spent most of the last year trying to find out who killed Fabio.

0:27:33 > 0:27:39When I came back to Italy, I start on web, on YouTube.

0:27:39 > 0:27:44There were millions of... of movie on Thailand.

0:27:44 > 0:27:48So, I start to search again and again and again.

0:27:48 > 0:27:50I see thousands of video.

0:27:53 > 0:27:56She had no idea how difficult her quest for justice would be.

0:27:56 > 0:28:02But she wanted the truth to be her final gift to Fabio.

0:28:02 > 0:28:05I just stopped working for myself

0:28:05 > 0:28:11and I start working very hard on things of Fabio.

0:28:11 > 0:28:12I just needed to do it.

0:28:12 > 0:28:14THEY SPEAK IN ITALIAN

0:28:19 > 0:28:26On her return to Milan, she'd established the precise location where Fabio had fallen.

0:28:28 > 0:28:31She'd been to the spot. She'd seen his blood.

0:28:35 > 0:28:39The time of Fabio's death, Isa worked out from cross-referencing photographs and video

0:28:39 > 0:28:42and by talking to people who'd been present.

0:28:44 > 0:28:49We were knowing the time... and we were knowing the spot,

0:28:49 > 0:28:52because we went there and the blood was still there.

0:28:52 > 0:28:56So those were two things very important to fix.

0:28:59 > 0:29:04But to seek an answer to the central question who killed Fabio,

0:29:04 > 0:29:06Isa had to return to Bangkok.

0:29:08 > 0:29:12The Italian embassy arranged for her to meet investigators from the DSI,

0:29:12 > 0:29:16the Department of Special Investigations.

0:29:16 > 0:29:23They start very nicely, very...welcome with me.

0:29:23 > 0:29:27'I let them talk a little bit,

0:29:27 > 0:29:31'but I knew that there were many mistakes.'

0:29:31 > 0:29:33This is special case number 320.

0:29:33 > 0:29:36After two months of investigation,

0:29:36 > 0:29:40the DSI had apparently failed to uncover the basics.

0:29:40 > 0:29:43We're not really sure, the exact time,

0:29:43 > 0:29:46but things can be found out easily.

0:29:46 > 0:29:50Time and place.

0:29:50 > 0:29:54'I felt, like, really unbelievable

0:29:54 > 0:30:00'that they didn't know the time and the place where Fabio was shot.'

0:30:00 > 0:30:03And I start to be more strong to tell them,

0:30:03 > 0:30:06you know, I'm telling you the right thing.

0:30:06 > 0:30:11'I'm sure about this. I got the evidence of this. And at that point,'

0:30:11 > 0:30:15they start to be more uncomfortable and start to be

0:30:15 > 0:30:16'more embarrassed.'

0:30:16 > 0:30:20The point is not correct.

0:30:23 > 0:30:27Nearly a year passed. Isa came back to see what progress had been made.

0:30:37 > 0:30:41Isa, ten months have gone by. What do you hope to hear from them today?

0:30:41 > 0:30:46I'm sure in a way I would like to have answers...

0:30:46 > 0:30:49maybe knowing...what happened,

0:30:49 > 0:30:53but I don't feel like it will be like this, you know?

0:30:53 > 0:30:55- You are not expecting, but you're hoping?- Yes.

0:30:55 > 0:30:57I would like to be surprised.

0:31:25 > 0:31:28'Later that evening, I caught up with Isa.'

0:31:31 > 0:31:35Isa, you've just come out of the meeting with the DSI. Are you any the wiser?

0:31:35 > 0:31:39Do you know any more now about how your brother died?

0:31:39 > 0:31:46No. Fabio's case, it's one of those cases that they call unknown.

0:31:47 > 0:31:49Responsibility is unknown.

0:31:49 > 0:31:53But I don't know how much this is, you know...

0:31:53 > 0:31:57- You don't know how much of their confusion is genuine...- Yes.

0:31:57 > 0:32:00- ..or merely to throw you off the scent?- Yes.

0:32:00 > 0:32:02- You can't say, really, can you? - No.

0:32:03 > 0:32:11Isa says the DSI is now telling her there were no soldiers in the area when Fabio was shot.

0:32:11 > 0:32:16The investigators from the government side say that the shots couldn't have been fired by the army

0:32:16 > 0:32:18because the army weren't there at the time.

0:32:18 > 0:32:22That's completely untrue. That is completely false.

0:32:22 > 0:32:28I can say with absolute certainty that the troops were there from...

0:32:28 > 0:32:35minimum, an hour before, a minimum, from ten o'clock. Of course they were there. Yeah.

0:32:35 > 0:32:37I didn't even know anyone was disputing that.

0:32:37 > 0:32:43Dutch radio reporter Michel Maas was shot around the same time as Fabio, in the same location.

0:32:43 > 0:32:45Who does he blame?

0:32:45 > 0:32:47I think the military.

0:32:47 > 0:32:50Everything points in the direction of the military,

0:32:50 > 0:32:53because we were hiding,

0:32:53 > 0:32:58and bullets were coming from the direction where we saw the soldiers.

0:32:58 > 0:33:03Finding out who killed Fabio is the job of the DSI.

0:33:06 > 0:33:11The red-shirt leadership has sources inside the organisation.

0:33:11 > 0:33:16They arranged for two investigators to speak with us on condition of anonymity.

0:33:19 > 0:33:23These men allege the DSI has been told to cover up army killings.

0:33:27 > 0:33:32'After we concluded in an early case that people were killed by soldiers,

0:33:32 > 0:33:36'other cases that came to the same conclusion were blocked.

0:33:36 > 0:33:40'We were asked to say that we didn't yet know who did it.

0:33:40 > 0:33:43'We believe the deaths were caused by soldiers firing their guns.

0:33:43 > 0:33:47'However, as a result, the director of the DSI

0:33:47 > 0:33:51'had to try and dig his way out of this conclusion.'

0:33:51 > 0:33:54There is no sign of justice in another case,

0:33:54 > 0:33:57that of Reuters cameraman Hiro Muramoto,

0:33:57 > 0:33:59killed earlier in the protests.

0:33:59 > 0:34:04The DSI initially reported he'd probably been killed by soldiers,

0:34:04 > 0:34:08a conclusion backed up by Reuters' own investigation.

0:34:08 > 0:34:11But the DSI then changed its mind

0:34:11 > 0:34:14and said Hiro might have been killed by red shirts.

0:34:14 > 0:34:19The investigators told us there was a policy of blaming the reds wherever possible.

0:34:19 > 0:34:24'There have been attempts to issue an order that in case the culprits could not be found,

0:34:24 > 0:34:27'we should bring charges against the red shirts.

0:34:27 > 0:34:29'The director was the one who issued the order.

0:34:29 > 0:34:33'We've been ordered that if could not find those who pulled the trigger,

0:34:33 > 0:34:39'we should assume that the red shirts were the ones that pulled the trigger, and their supporters.'

0:34:39 > 0:34:42The director of the DSI declined to be interviewed,

0:34:42 > 0:34:48but the Thai government told us investigations were impartial and independent and transparent.

0:34:48 > 0:34:52"One should also appreciate the complex and chaotic nature of these incidents,

0:34:52 > 0:34:57"with many parties involved," they said.

0:34:57 > 0:35:02Ever since the events of last year, scores of opposition supporters have been taken into custody.

0:35:02 > 0:35:04Many will face charges.

0:35:04 > 0:35:08But how many members of the military are awaiting trial?

0:35:08 > 0:35:11The answer is none.

0:35:12 > 0:35:17More than 90 people, mostly civilians, were killed in the bloody clashes.

0:35:17 > 0:35:23Yet unlike the red shirts, the army has never faced the courts for its part in the violence.

0:35:23 > 0:35:28This man was the public face of the military throughout last year's crisis.

0:35:28 > 0:35:31How did he respond to charges of a cover-up?

0:35:33 > 0:35:38TRANSLATION: We never intended to cause any deaths,

0:35:38 > 0:35:42no matter if they were soldiers, innocent people or protesters.

0:35:42 > 0:35:44We have to prove who killed these people.

0:35:45 > 0:35:51You will be aware of the allegation which is being made at the moment, in public, that your chief,

0:35:51 > 0:35:55the commander-in-chief, went to the DSI and said,

0:35:55 > 0:35:58"Back off. Do not find soldiers guilty."

0:36:01 > 0:36:04News is news. This didn't happen.

0:36:04 > 0:36:07The army nowadays doesn't want to make a fuss.

0:36:07 > 0:36:10If this allegation was made about an ordinary person,

0:36:10 > 0:36:12they would bring an action for defamation.

0:36:12 > 0:36:15Most of the time the army is patient,

0:36:15 > 0:36:19because if it did bring a charge every time something like this was said,

0:36:19 > 0:36:21it would greatly burden the justice system.

0:36:23 > 0:36:27Human Rights Watch carried out a year-long investigation

0:36:27 > 0:36:31and accused the security forces of being largely responsible for the high death toll,

0:36:31 > 0:36:35through excessive use of lethal force,

0:36:35 > 0:36:39an assertion rejected by the military.

0:36:41 > 0:36:45I have to say it was because of the situation at the time.

0:36:45 > 0:36:47The troop deployment and the use of weapons

0:36:47 > 0:36:50were not something we had anticipated,

0:36:50 > 0:36:55but were a result of the violence caused by some protesters who had tried to stir up trouble.

0:36:55 > 0:36:57However, the creation of a live-fire zone

0:36:57 > 0:37:01didn't mean that live ammunition was being used all the time.

0:37:06 > 0:37:10And the army denies it was responsible for the killing of foreign journalists.

0:37:10 > 0:37:14"We would have nothing to gain from that," they told us.

0:37:18 > 0:37:23Isa Polenghi believes she's facing a culture of cover-up in Thailand.

0:37:25 > 0:37:28It's an experience familiar to scores of Thai families.

0:37:34 > 0:37:38- TRANSLATION:- We have been deceived by the word democracy,

0:37:38 > 0:37:42because since my daughter died, I've never seen justice.

0:37:42 > 0:37:45I don't know where to look for it.

0:37:45 > 0:37:47Where is justice for my daughter?

0:37:53 > 0:37:56Payao's daughter was shot several times

0:37:56 > 0:37:58in the most contentious incident of the crackdown.

0:37:58 > 0:38:03And a year on, there's still no official explanation for her death.

0:38:04 > 0:38:10Kamonked had volunteered as a nurse during the protests.

0:38:10 > 0:38:16On 19th May, she was working at an aid station in this temple in central Bangkok.

0:38:17 > 0:38:21It had been designated as a safe haven by all sides.

0:38:24 > 0:38:27By 1pm, the red-shirt leaders had surrendered,

0:38:27 > 0:38:30fearing, they claimed, they were about to be assassinated.

0:38:30 > 0:38:32HE SPEAKS IN THAI

0:38:32 > 0:38:34GUNSHOT

0:38:38 > 0:38:42Soldiers were advancing to clear the streets.

0:38:47 > 0:38:51According to Human Rights Watch, militants on the red-shirt side

0:38:51 > 0:38:54began to set fire to nearby buildings,

0:38:54 > 0:38:58including one of the biggest shopping malls in the world.

0:38:58 > 0:39:00SIRENS WAIL

0:39:00 > 0:39:06The red shirts deny responsibility for attacks that caused billions in damage.

0:39:06 > 0:39:10There were gunfights between the army and militants around this area,

0:39:10 > 0:39:13according to Human Rights Watch.

0:39:13 > 0:39:17Hundreds of people headed towards the temple compound.

0:39:17 > 0:39:20Who decided that this place was going to be a sanctuary?

0:39:20 > 0:39:23I don't know who made the decision, but it was negotiated.

0:39:23 > 0:39:27Both the government and the red shirts had acknowledged in the press that...

0:39:27 > 0:39:30- Once you cross this line here... - Yeah.

0:39:30 > 0:39:34This should have been... From here on in, was supposed to be the safe zone.

0:39:34 > 0:39:36So, we thought, also, it would be safe for us,

0:39:36 > 0:39:39a safe place to do some interviews

0:39:39 > 0:39:42and be somewhere where we weren't going to get shot at.

0:39:44 > 0:39:49Men, women and children had been making use of the temple grounds for days.

0:39:49 > 0:39:53Nurse Ked and her colleagues dealt with minor ailments and injuries.

0:39:53 > 0:39:56They worked under pressure,

0:39:56 > 0:40:00but the morale Nurse Ked and the team remained high.

0:40:01 > 0:40:04TRANSLATION: After the announcement of the curfew, I called her,

0:40:04 > 0:40:07and when I spoke to her I asked her where she was.

0:40:07 > 0:40:10She said that she was in front of the temple.

0:40:10 > 0:40:12I'd never been there, I didn't know anything.

0:40:12 > 0:40:15I thought the tent was on the road in front of the temple.

0:40:15 > 0:40:17I didn't know it was IN the temple.

0:40:17 > 0:40:19I told her to escape into the temple.

0:40:19 > 0:40:24I also told her, "Don't come home today if you can't make it before the curfew at 8pm.

0:40:24 > 0:40:26"You should come back tomorrow."

0:40:27 > 0:40:30Then things changed dramatically.

0:40:30 > 0:40:34Militants near the temple complex set off fireworks.

0:40:34 > 0:40:39- We saw these two fireworks streak out towards... - Somebody was firing fireworks?

0:40:39 > 0:40:42- Homemade fireworks. - In the direction of the army?- Yes.

0:40:42 > 0:40:44Then the bullets started pouring in.

0:40:44 > 0:40:46Where were the bullets coming from?

0:40:46 > 0:40:49- From up there. - Right up on top of the sky train?

0:40:49 > 0:40:54All we knew was, it was from above and behind us, but now it's obvious it was from the sky train.

0:40:54 > 0:40:59Witnesses report seeing soldiers on the sky rail above the temple.

0:40:59 > 0:41:02These shaky pictures appear to show them

0:41:02 > 0:41:04aiming their weapons into the grounds.

0:41:04 > 0:41:08We were behind a pick-up truck, and the bullets were coming in over the cab

0:41:08 > 0:41:12at such an angle and ricocheting off the ground and into the building.

0:41:12 > 0:41:14You ran that way, yeah?

0:41:14 > 0:41:16We ran and dove in behind...

0:41:16 > 0:41:20There were two pick-up trucks parked perpendicular to the door.

0:41:20 > 0:41:24TRANSLATION: When we spoke on the phone, I could hear the gunshots.

0:41:24 > 0:41:27I was suspicious, but I didn't think it was serious.

0:41:27 > 0:41:29I asked her why there was still shooting,

0:41:29 > 0:41:31even though the leaders had surrendered.

0:41:31 > 0:41:34I was worried, so I told her to get inside the temple.

0:41:34 > 0:41:37She said, "I don't know what's going on, Mum." She told me that.

0:41:37 > 0:41:40GUNFIRE

0:41:42 > 0:41:46As the bullets rained down, a man was shot by the temple entrance.

0:41:46 > 0:41:48The nurses reacted bravely.

0:41:51 > 0:41:54TRANSLATION: We saw that the injured man was still moving,

0:41:54 > 0:41:58so my colleagues and I brought a stretcher to rescue him.

0:41:58 > 0:42:02As we were lifting the injured man, they kept shooting at us.

0:42:02 > 0:42:06It isn't one or two shots, this is sustained bursts.

0:42:06 > 0:42:07Yeah, it was repeated,

0:42:07 > 0:42:12and every time you thought "OK, that's it, it's safe to move," it would start again.

0:42:12 > 0:42:15So, here inside a Buddhist temple in the centre of Bangkok,

0:42:15 > 0:42:18that has been identified by all sides as a sanctuary,

0:42:18 > 0:42:24and people were getting shot and killed in this area between here and the gates.

0:42:28 > 0:42:33Not even the medical tent where Nurse Ked was stationed was safe.

0:42:35 > 0:42:39TRANSLATION: I saw Ked falling to the ground, face down.

0:42:39 > 0:42:42I thought that Ked was crouching down to avoid the bullets,

0:42:42 > 0:42:47but I didn't know at all that the bullets were pouring down on our medical tent.

0:42:47 > 0:42:49In my mind, I thought my tent wasn't hit.

0:42:49 > 0:42:52In my mind, I didn't think anybody would do it.

0:42:54 > 0:42:56The gunfire was relentless,

0:42:56 > 0:43:00preventing anyone from helping those inside the medical tent.

0:43:00 > 0:43:03By the time the shooting stopped,

0:43:03 > 0:43:06Nurse Ked, face down on the tarmac, was dead.

0:43:06 > 0:43:09I think she thought that green cross would protect her,

0:43:09 > 0:43:14that no-one would shoot someone who was so obviously marked as a medic.

0:43:14 > 0:43:15But somebody up there did.

0:43:15 > 0:43:16Three times.

0:43:16 > 0:43:18Three bullets.

0:43:18 > 0:43:20TRANSLATION: I kept asking.

0:43:20 > 0:43:23I didn't believe that my daughter had died.

0:43:23 > 0:43:26I believed, and so did Ked, that she was not going to die

0:43:26 > 0:43:30because she was a volunteer nurse. She wouldn't be put into danger.

0:43:30 > 0:43:32We walked back here

0:43:32 > 0:43:35and laid out on the ground, there were six dead bodies.

0:43:38 > 0:43:41The big concern at the time was that we were going to have more.

0:43:41 > 0:43:43Nurse Ked was one of those?

0:43:43 > 0:43:44We know that now, yeah.

0:43:44 > 0:43:48At the time I didn't look, but I know now she was one of them.

0:43:52 > 0:43:54TRANSLATION: It's unacceptable.

0:43:54 > 0:43:58I think that they knew we were a medical team on the ground.

0:43:58 > 0:44:01They knew that our job was to help society.

0:44:04 > 0:44:08Even a girl who had already fallen on the ground...

0:44:08 > 0:44:10just one shot, she was already dead.

0:44:10 > 0:44:13They shouldn't have shot her again.

0:44:15 > 0:44:17Nurse Ked had been shot dead.

0:44:17 > 0:44:22So, too, her young volunteer colleague known as Bug.

0:44:22 > 0:44:24He took an hour to bleed to death.

0:44:24 > 0:44:26Nobody could get to him.

0:44:26 > 0:44:31Those that tried were shot at, according to his colleagues.

0:44:32 > 0:44:35TRANSLATION: We couldn't believe that this was Thailand.

0:44:35 > 0:44:38My daughter was hiding in the temple.

0:44:38 > 0:44:41She was a teacher, helping people in the temple.

0:44:41 > 0:44:43The army dared to shoot her like that?!

0:44:46 > 0:44:48The army denies sniping at civilians.

0:44:48 > 0:44:51It said it found these weapons in the temple.

0:44:51 > 0:44:55Soldiers told investigators they shot into the temple grounds

0:44:55 > 0:44:59after being fired on from inside and around the Temple area.

0:45:04 > 0:45:08TRANSLATION: Isn't it possible that these weapons were related to someone

0:45:08 > 0:45:13who was in the demonstrators' area and who went to hide in the temple?

0:45:13 > 0:45:17These people might have been involved in the deaths of the six people.

0:45:19 > 0:45:24Those six deaths, some of them died outside the temple,

0:45:24 > 0:45:26but their bodies were moved inside.

0:45:26 > 0:45:30This is from interviews of many cases compiled by the investigators,

0:45:30 > 0:45:35so therefore, saying that these six people were killed inside the temple

0:45:35 > 0:45:39is something that still needs to be clarified by the investigation.

0:45:40 > 0:45:42This was a designated safe area,

0:45:42 > 0:45:47and, honestly, I spent hours in here, I never saw a gun.

0:45:49 > 0:45:54The government's claimed that the footage of soldiers pointing their guns into the temple

0:45:54 > 0:45:57may have been taken the following day, after troops had secured the area.

0:45:57 > 0:46:02However, the pictures we've obtained clearly show fires raging in central Bangkok

0:46:02 > 0:46:07at the same time as the soldiers are on the sky rail.

0:46:07 > 0:46:10These fires had been extinguished the following day.

0:46:13 > 0:46:16A leaked DSI report quoting named soldiers said there was proof

0:46:16 > 0:46:21the military had been responsible for three of the six deaths.

0:46:26 > 0:46:30Human Rights Watch say that among those killed by the army was a medic.

0:46:30 > 0:46:33It also found that, while there were gun battles outside the complex,

0:46:33 > 0:46:37there was no evidence the sky rail used by the soldiers

0:46:37 > 0:46:41had been struck by fire from the temple.

0:46:42 > 0:46:48Throughout the crisis, a joint committee of security forces and ministers decided on strategy.

0:46:50 > 0:46:55They blamed red-shirt violence for provoking the confrontations...

0:46:56 > 0:46:59..and denied there was a shoot-to-kill policy.

0:47:00 > 0:47:04What about Nurse Ked, for example, who went to tend to the wounded?

0:47:04 > 0:47:07That's one case where I'm still very much interested,

0:47:07 > 0:47:10and as I said, things are inconclusive at the moment.

0:47:10 > 0:47:13It wouldn't be fair for me to make any kind of judgment.

0:47:13 > 0:47:16How is it, a year on, that it's so inconclusive? Why is it so slow?

0:47:16 > 0:47:18It's very difficult circumstances.

0:47:18 > 0:47:21How long did it take you to find out about Bloody Sunday?

0:47:23 > 0:47:26Well, I'm an Irishman, I knew the facts of it pretty quickly.

0:47:26 > 0:47:30- To come back to you, to this situation.... - But to get it confirmed.

0:47:30 > 0:47:37You wouldn't have any problem with seeing a soldier or his commander go on trial for an abuse like that?

0:47:37 > 0:47:40If they've abused or violated the law.

0:47:41 > 0:47:43International reaction was muted.

0:47:43 > 0:47:47In fact, just weeks after the clashes, Thailand was elected

0:47:47 > 0:47:51to the presidency of the UN Human Rights Council.

0:47:51 > 0:47:53Clearly, the world saw a different Thailand

0:47:53 > 0:47:57to the one experienced by those demanding accountability.

0:47:59 > 0:48:02Does it trouble you that, for many people,

0:48:02 > 0:48:08your legacy will not be as someone who tried to further democracy in this country,

0:48:08 > 0:48:11but who turned the guns on his own people?

0:48:11 > 0:48:14That's not... I don't think that's how I will be remembered.

0:48:14 > 0:48:16- Are you sure?- Yes.

0:48:16 > 0:48:19Because a lot of people feel you've got blood on your hands.

0:48:19 > 0:48:21If that were the description,

0:48:21 > 0:48:24I don't think that the international community

0:48:24 > 0:48:27would have reacted the way it did,

0:48:27 > 0:48:31and I think some people are trying to rewrite history.

0:48:36 > 0:48:42There's been no shortage of investigations, but the army remains untouched.

0:48:42 > 0:48:47Top red-shirt leaders, including Thaksin, face terrorism charges.

0:48:48 > 0:48:50As it moved to crush dissent more widely,

0:48:50 > 0:48:55the army would accuse its enemies of threatening the monarchy.

0:48:55 > 0:48:59The military revived an old law.

0:48:59 > 0:49:04It's called Lese Majeste, and carries a jail sentence of up to 15 years

0:49:04 > 0:49:08for insulting, threatening or defaming the monarchy.

0:49:10 > 0:49:13Hundreds of cases were brought last year.

0:49:17 > 0:49:21This is a police station on the edge of Bangkok's city centre.

0:49:23 > 0:49:26The protesters give a hint of what's going on inside.

0:49:29 > 0:49:35A Bangkok academic has been told to report here for questioning.

0:49:35 > 0:49:38Writers, human rights activists and politicians

0:49:38 > 0:49:41have all faced charges in the last year.

0:49:42 > 0:49:47In May this year, the Thai army filed charges against Professor Somsak

0:49:47 > 0:49:49for questioning the content of a television interview

0:49:49 > 0:49:52given by the King's youngest daughter

0:49:52 > 0:49:54about last year's crackdown.

0:49:57 > 0:49:59VOICEOVER IN THAI

0:49:59 > 0:50:05Though striking for the deference of the presenter to the Princess,

0:50:05 > 0:50:10the controversy surrounded comments she made about the damage to buildings

0:50:10 > 0:50:12allegedly caused by the red-shirt protesters.

0:50:19 > 0:50:24Professor Somsak had asked why the Princess hadn't referred to civilian deaths.

0:50:26 > 0:50:31A case like this is just one graphic example of how free speech

0:50:31 > 0:50:34is being corralled, tightened in Thailand now.

0:50:34 > 0:50:37And for critics of the status quo,

0:50:37 > 0:50:40it's not just a question of choosing your words carefully.

0:50:40 > 0:50:44It's wondering whether you should open your mouth at all.

0:50:44 > 0:50:49They especially claim that I suggested the Royal Family

0:50:49 > 0:50:54is biased against the red shirts or biased...

0:50:54 > 0:50:58- got involved in politics. - Is that what you believe?

0:50:58 > 0:51:01- Um...- Or if you give me an honest answer to that,

0:51:01 > 0:51:05- are you afraid you'll end up in jail?- Yes, because this is exactly what...

0:51:05 > 0:51:08- So you can't tell me the truth? - Yeah.

0:51:08 > 0:51:10Even this quite simple question,

0:51:10 > 0:51:14I am now in a difficult position to give a straightforward answer.

0:51:14 > 0:51:16We're in the extraordinary position

0:51:16 > 0:51:20of me knowing what do you think, but you can't say it.

0:51:20 > 0:51:23Yes, this is what...one of the reasons that this law

0:51:23 > 0:51:25is so obsolete and should be abolished.

0:51:29 > 0:51:32- TRANSLATION:- The King never defends himself.

0:51:32 > 0:51:36He has only done good things for Thai people.

0:51:36 > 0:51:39Therefore, the army, every organisation and the people

0:51:39 > 0:51:43have a duty according to the law, AND their duty as Thais,

0:51:43 > 0:51:45to protect the monarchy.

0:51:49 > 0:51:51That claim, to be the King's defenders,

0:51:51 > 0:51:56has helped keep the Thai army above the law for decades.

0:51:56 > 0:52:01But the 83-year-old King, the central figure in Thai life, is ailing,

0:52:01 > 0:52:03and the army fears what will come in his wake.

0:52:05 > 0:52:07They're jockeying for position

0:52:07 > 0:52:11in preparation for the succession. It's an elephant in the room

0:52:11 > 0:52:15that this country doesn't want to talk about.

0:52:15 > 0:52:19Either they're so stupid, or they just don't want to see the elephant,

0:52:19 > 0:52:21and I believe it's the latter.

0:52:22 > 0:52:27- NEWSREEL:- This ceremony shows more clearly how the King is, indeed, the soul of his nation.

0:52:27 > 0:52:32The centre round which army, government and religion cohere.

0:52:32 > 0:52:34For the last 65 years,

0:52:34 > 0:52:38King Phumiphon has been seen as a virtual god by his subjects,

0:52:38 > 0:52:41a loved and unifying symbol for all Thais.

0:52:43 > 0:52:46But according to leaked American cables,

0:52:46 > 0:52:49his heir, the Crown Prince, is a far more erratic figure.

0:52:51 > 0:52:54HE SPEAKS IN THAI

0:53:12 > 0:53:17In these insecure times, the army is more than ever determined

0:53:17 > 0:53:19not to be placed in the dock.

0:53:22 > 0:53:26But now the victims have been given hope

0:53:26 > 0:53:29by the appearance of this woman, Yingluck Shinawatra.

0:53:31 > 0:53:33She is Thaksin's sister.

0:53:33 > 0:53:34He calls her his clone

0:53:34 > 0:53:37and helped bankroll and direct her campaign from exile.

0:53:37 > 0:53:41SHE SPEAKS IN THAI

0:53:41 > 0:53:43CROWD CHEERS

0:53:43 > 0:53:45On the campaign trail, she promised justice.

0:53:47 > 0:53:50I want to correct the wrong thing to the correct thing.

0:53:50 > 0:53:54But that means that if people... if soldiers are found guilty of killing people,

0:53:54 > 0:53:56- they will go to jail.- Yes, they have to.

0:53:56 > 0:53:59By the legal, I have to make the judgment,

0:53:59 > 0:54:01and the judge will have to judge on this case.

0:54:06 > 0:54:09If Yingluck is true to her word, it'll be the first time

0:54:09 > 0:54:13in Thailand's modern history the military is held accountable.

0:54:14 > 0:54:18You witnessed a bloody massacre in 1976. You were sent to jail after that.

0:54:18 > 0:54:22Was there any military person ever brought to justice for that?

0:54:22 > 0:54:23No, never.

0:54:23 > 0:54:29In '76 there was not even an investigation up to the present.

0:54:29 > 0:54:33What's the consequence of there not being justice?

0:54:33 > 0:54:35It'll happen again and again,

0:54:35 > 0:54:40because the military and those perpetrators know that they won't be punished.

0:54:40 > 0:54:42They get away with murder?

0:54:42 > 0:54:45The word's "impunity". Yes.

0:54:45 > 0:54:48Do you have any confidence that the rule of law will work?

0:54:48 > 0:54:50It hasn't in the past, has it?

0:54:50 > 0:54:52It's never worked.

0:54:52 > 0:54:57Right now, it's not worked. So, that's why the reconciliation will be fair to everyone.

0:55:01 > 0:55:04But Yingluck faces a real dilemma.

0:55:04 > 0:55:07Bringing soldiers or their commanders to justice

0:55:07 > 0:55:09could risk her being ousted.

0:55:12 > 0:55:17And as if all this was not murky enough, the man behind her campaign, her brother, Thaksin,

0:55:17 > 0:55:20has his own questions to answer on human rights.

0:55:25 > 0:55:31- NEWSREEL:- Unable to disperse the crowd, a decision was taken to arrest 1,300 protesters

0:55:31 > 0:55:35in the hope the insurgents could be identified.

0:55:35 > 0:55:38Under him,

0:55:38 > 0:55:41civil liberties were broken, political rights ignored.

0:55:41 > 0:55:45A war on drugs was carried out

0:55:45 > 0:55:51in which thousands of civilians were killed without trial.

0:55:51 > 0:55:54There were massacres against people in the far south.

0:55:54 > 0:55:58Soldiers carried out these attacks with legal impunity.

0:55:58 > 0:56:03He actually stated that stability was more important than democracy

0:56:03 > 0:56:05when he was Prime Minister.

0:56:10 > 0:56:13Mr Thaksin denies charges of human rights abuse and corruption.

0:56:13 > 0:56:15He declined to be interviewed.

0:56:18 > 0:56:21But whoever has ruled in Thailand, impunity has been the norm.

0:56:21 > 0:56:24SHOUTING AND GUNFIRE

0:56:28 > 0:56:32Little wonder Bangkok is now rife with rumours of a deal

0:56:32 > 0:56:34that would deliver amnesty for all,

0:56:34 > 0:56:37including the military and Thaksin.

0:56:37 > 0:56:43However, the party led by his sister says it's not a priority.

0:56:44 > 0:56:49The chances of families of red shirts who were killed in 2010

0:56:49 > 0:56:51finding accountability...

0:56:53 > 0:56:59..for the loss of their loved ones... is very low,

0:56:59 > 0:57:03because the military is going to protect its own.

0:57:05 > 0:57:07It's going to be a very long time

0:57:07 > 0:57:10before the military is held to any accountability for this.

0:57:10 > 0:57:16- TRANSLATION:- I'm afraid there won't be anything different between people who died this time

0:57:16 > 0:57:20and people in the past. After some time, they will use the amnesty law.

0:57:20 > 0:57:24The people who ordered the killing and the army were not judged guilty,

0:57:24 > 0:57:27and people all died for nothing. They only have a monument.

0:57:27 > 0:57:30What I can say is, I am afraid they will use this kind of law.

0:57:30 > 0:57:34I will fight against it, no matter which government is elected.

0:57:40 > 0:57:45The journey for the truth is lonely and invariably futile.

0:57:46 > 0:57:49Yet, for the families of the dead, it must go on.

0:57:53 > 0:57:55Why do you keep doing this?

0:57:55 > 0:58:00Why do you keep up this... I mean, it's a struggle now to get any information.

0:58:00 > 0:58:05Because you want to know, you want to understand what happened.

0:58:06 > 0:58:11That's what, probably, he would have done for me, if I were in his place.

0:58:15 > 0:58:19The injustice of the past hovers over the present in Thailand.

0:58:19 > 0:58:25For here, what is covered up is all too easily repeated.

0:58:57 > 0:59:01Subtitles by Red Bee Media Ltd

0:59:01 > 0:59:05E-mail subtitling@bbc.co.uk