The recommendation by the National Human Rights Commission concerning the jailing of 58 people involved in the Tak Bai protest (which led to 84 deaths) two years ago was a case in point. The NHRC has already urged the CNS and the government to drop all charges completely before the anniversary of the incident on Wednesday.

Apparently the request might not be fulfilled and could be further delayed. Ridiculous as it may seem, bureaucracy has been cited as the main obstacle again. It seems the Office of the Attorney General has not received a request to proceed. Yet either the CNS or the government could authorise the NHCR proposal right away.

Sad but true, the CNS and the government have not used the purge of Thaksin Shinawatra last month as a catalyst to build up confidence and trust which had been lacking during the previous administration. For instance, the CNS could have ended the Executive Decree on Public Administration in Emergency Situations, which was enacted last July. Since that time the violence has not subsided, but the searching and arresting (without warrants) of suspected insurgents has increased - which further deepens the hatred and injustice. Obviously, the decree has not helped to quell the violence. Instead it has caused an increase in the number of cases of abuse.

The NHRC pointed out that the release of jailed suspects would allow for the rehabilitation of fundamental justice. Somehow, both the CNS and the government are continuing to let bureaucracy get in their way. Worse, the concerned authorities down there - which are far too many, with some enjoying more autonomy than others - have already threatened to undermine the fresh atmosphere in the past month in Yala, Narathiwat and Pattani. They are actively juggling their positions and networks to cushion the effect of whatever changes might occur soon.

The continued post-coup violence is indicative of restlessness and shifting alliances among various vested interest groups including young and old Muslim communities. The planned revival of the civilian-led Southern Border Provinces Administrative Centre and the joint Civilian-Police-Military Command 43 - discontinued after Thaksin came to power - might not be as useful as in the past because the violence has reared its head again and given birth to younger more independent insurgents far more active than their predecessors.

Apart from freeing the 58 suspects, the NHRC proposal includes a package of compensation worth Bt57 million for the families and relatives of the 78 victims of the Tak Bai incident. After months of negotiations, all the victims' families would receive compensation for funeral services and life-long monetary assistance. The freedom of the suspects and compensation for the Tak Bai victims, the majority of whom were innocent bystanders, would be the most tangible and welcome outcome of the new government's effort to manage and engage the southern conflict.

PM Surayud Chulanont has to deliver quickly in the South, especially after what he has preached since he took the helm from Thaksin. Recently, he said when justice is in place, there would be no divisions between Buddhists, Muslims and Christians. Right now, Thai-Muslim families want to see the suspects freed.

To move towards reconciliation, the fate of missing lawyer Somchai Neelaphaijit must be further investigated. Otherwise his whereabouts will continue as a stain on Thailand's human rights records and its reputation. The past verdict on this case was a mockery to justice.

In the long run, Thailand must also ratify the Rome Statute of the International Criminal Court, which Thailand became an enthusiastic signatory to in 2000 under the Democrat-led government. The plan to ratify the ICC, and the pledge to accede to the UN Convention Against Torture, was sidelined by the previous government for five years. The extra-judicial killing of drug suspects initiated by Thaksin was repeatedly cited as the main barrier, including time-consuming changes in domestic laws.

If the new government does, with a retroactive clause, cover the 2003 period, then whoever was involved in the 2003 shoot-first campaign would be brought to justice. Local human rights lawyers are busy preparing affidavits given by dozens affected by the extra-judicial killings before they file a case with the ICC. Therefore the ratification, if it happens, would grant the ICC the authority to try the Thai leaders, including Thaksin, for crimes against humanity.

For the record, there were two separate three-month campaigns to get rid of drug suspects. The well-publicised first campaign lasted from February to April 2003, in which an estimated 2,300 suspects were killed. In the second less-publicised campaign from December 2003 to February 2004 nearly 5,000 were killed. These figures were kept secret for fear the UN Human Rights Council would take up the case against Thailand. When the Thai delegates were dispatched to Geneva last year to answer questions pertaining to human rights violations in Thailand, the latter campaign was not raised.

Kavi Chongkittavorn