UPDATE (Thailand): Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing 

[Re: UA-143-2004: THAILAND: At least 84 people killed in Southern Thailand on 26 October 2004; UP-65-2004: THAILAND: A list of the victims of the mass killing in Narathiwat province; Immediate international intervention needed; UP-25-2005: THAILAND: Three generals found responsible for mass killing transferred without penalty]
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UP-094-2006: THAILAND: Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing

THAILAND: Mass extrajudicial killing; denial of custodial rights; impunity
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VIDEO OF ATTACK ON TAK BAI PROTESTORS ONLINE:http://thailand.ahrchk.net/takbai
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Dear friends,

The testimonies in the trial of 58 persons who were among the protesters outside the Tak Bai District Police Station in Narathiwat Province, southern Thailand on 25 October 2004, have commenced. The protesters are accused of various offences, including obstructing government officers, upsetting the peace and causing damage to property. The trial is scheduled to run until July 2007. However, on the first two days for testimonies the key witnesses–an army general and police colonel–did not come to court. Meanwhile, no army officers or government officials have ever been held criminally responsible for the deaths of 85 persons, 78 of them in custody.

According to the case lodged by the public prosecutor, the defendants, who were among protestors who gathered to call for the release from detention of six men held at the Tak Bai police station under martial law provisions, caused disruption to passersby and deliberately attacked the police station, requiring the security forces to respond. The group also refused to disperse when ordered to do so.

The charges include violence or threatened violence against government officers, obstruction of government officers, assembling to breach the peace, and refusing to disperse when ordered.

Over a thousand persons were detained after the protest: out of them, these 58 were identified as supposed instigators or ring-leaders.

The trial is being held at the Narathiwat Provincial Court. It is not scheduled to be completed until July 2007 because only a few days of hearings are scheduled every month, and the prosecutor has named hundreds of witnesses.

However, already on the two days assigned for testimonies so far the witnesses called by the public prosecutor did not come to the court. The two witnesses were the former Fourth Army Region commander, Lt. Gen. Pisarn Wattanawongkiri, and the former superintendent of the Tak Bai District Police Station, Pol. Col. Sommai Putthakul. On April 20, the first day of the hearings, the public prosecutor told the court that he could not locate Lt. Gen. Pisarn to issue a summons. On April 26, he said that Pol. Col. Sommai had gone to another province urgently and also the prosecution had not been able to send a summons. However, the witness is posted very nearby the location of the court. No written evidence was submitted to prove that the witnesses could not be present.

So far the court process has been delayed eleven times due to the incompetent work of the public prosecutor. The nine previous times were due to the prosecutor saying that documents were not ready. The constant and totally unnecessary delays cause great inconvenience to the defendants, who have to organise transport from rural areas and lawyers to attend the case. However, the court has not yet admonished the public prosecutor for the poor work.

The prosecutor assured the court that in tomorrow’s hearing (April 27) the witness would be present. The following hearings are scheduled for May 17-18 and May 24-25.

REMINDER ABOUT THE CASE

On 25 October 2004, 85 people were killed after a protest outside the Tak Bai District Police Station in Narathiwat Province, 78 of them while being transported to army camps (UA-143-2004; UP-065-2004; AS-043-2004; AS-044-2004).

No military or police officials have ever been held criminally responsible for the deaths. Like in the 28 April 2004 killings (AS-011-2004), a politically-appointed inquiry was used to bypass judicial process (AS-064-2004; AS-039-2005).

The names of the dead were submitted to the UN High Commissioner for Human Rights (ALRC-PL-091-2005). An offer to visit and assist in inquiries by the UN Special Rapporteur on extrajudicial executions was refused by the prime minister (AS-050-2004).

The political inquiry found three generals primarily responsible for the deaths: former Fourth Army Region commander Lt. Gen. Pisarn, his former deputy Maj. Gen. Sinchai Nutsathit, and former Fifth Infantry Division commander Maj. Gen. Chalermchai Wirunpeth. However, they have never had any disciplinary or criminal action taken against them or any of their subordinates (UP-025-2005; AS-007-2005; AS-026-2005).

These are the same men who are now expected to give evidence in a court of law against the protestors.

The family members of the dead, and injured victims, have been given paltry compensation by the government (UP-036-2005). Family members have lodged a complaint against the state officers which is due to open in court in 2007.

The sister organisation of the AHRC, the Asian Legal Resource Centre, made a statement to the UN Commission on Human Rights on the case (ALRC-PL-017-2005), and made a detailed outline of the killings in its report to the UN Human Rights Committee in 2005, which was published in its periodical article 2 (Rule of law versus the rule of lords in Thailand, April 2005).

VIDEO OF THE ATTACK BY ARMY AND POLICE ON THE TAK BAI PROTESTORS

The AHRC has placed a video of the Tak Bai protest on its website, at: http://thailand.ahrchk.net/takbai

There are two video files. They are the same content. One is in WMV format. The other is in DAT format. They are large files. Only users with fast broadband connections should try to download them.

Persons who are interested to get a copy may contact the AHRC at: thailand@ahrchk.net. We will be happy to distribute single copies without charge.

The video shows that the protest outside the police station was largely peaceful until protestors refused to disperse and the security forces opened water from fire engine hoses on them. Shortly after, huge volleys of gun fire came from the security forces. Senior officers can be seen in the video giving orders, including Lt. Gen. Pisarn. There are many recorded instances of police and soldiers wantonly beating and kicking protestors, even after they are under custody. Later in the video, they are shown loading men face down onto the trucks in which 78 died. The other seven died outside the police station.

In December 2004 the government of Thailand attempted to stop distribution of this and other videos of the incident, and took some action against some persons who were found to be printing and selling them. However, after members of parliament and others challenged the government and persisted in showing the footage at public meetings, it was forced to back down.

LIST OF THE 58 DEFENDANTS

(All defendants are male)

1. Arsami Arleeluvee or Arsamee or Arsame Arleekuvee
2. Yhaya Chaekamoh or Chaekamah
3. Sainuding or Saining U-seng
4. Awae or Ma-e Lah Yuesoe
5. Muhamadsanee or Mahamad U-seng or Sanee U-seng
6. Sueree Kordae or Gordae
7. Saidee Marosae
8. Roesalee Aryid
9. Chaiyuth Dae Oh
10. Ruesee Samamae
11. Maarsuree Waearsar or Waenaja
12. Arwae Teemasa or Teemala
13. Dueloh Chae-Arlee
14. Manuding U-seng
15. Ma-Useng Tayae
16. Arleng Aryid
17. Arwae or Torpa Dorloh
18. Roepi Lomang or Romang
19. Rormueree Pi
20. Asmee Kabagor
21. Abdulmayee Sataebarkor or Sataeborkee
22. Muhamad Salae
23. Sulkifri Sa-Ie or Sa-Yi
24. Masaiming or Masaining?Mamah
25. Mamahreekah or Mamahritah Bin Uma
26. Mahama Kareehee or Kareeha
27. Chaesueman Chaekamoh or Chaemoh
28. Muhammanee or Muha manee E-Sor
29. Hanapee Soe
30. Arduema Ngormusor
31. (not available)
32. Chae Useng Karseng
33. Patas Dorlor or Dorror
34. Sakareeya or Sakariya or Yaegoh or Yugoh Salae
35. Uma Duerae or Der rae
36. Waerusdee or Waenildee Longnoh or Holnoh
37. Mahamamudee Sama air
38. Ruslang Mamah
39. Manawee Dorrae or Derloh or Dorlae
40. Sorlahuding Hengsanah
41. Roya Yusoe or Yusoy
42. Rusdee Yusoe
43. Arhamahsar ukee or Arhamahsaoo Dorloh
44. Sukeng or Sudeng Binma air
45. Mustopa or Mudtopa Seng
46. Arhama Tapa
47. Mamah Sulong
48. Masakee Baga
49. Mama atang or Mama adang Sengtoh or Tengtoh
50. Amran Arwaehama
51. Mahamaarlee or Mahama?Duerama
52. Waearlae Waeyuesoeor Benwaesoh
53. Dueraman Soe
54. Suemae Chaekamoh
55. Usman or Usmin Mamah
56. Musor Duerae or Tahrae
57. Mustopa or Mudtopa Mamah
58. Marorpee Salae

SUGGESTED ACTION:

Please write a letter to the Attorney General of Thailand to criticise the lodging of charges against the 58 in this case, as opposed to the non-prosecution of the army and police officers involved, and also the poor handling of the case: specifically, the failure to ensure that key witnesses appear, and the long timetable for the case. Please note that the AHRC has earlier criticised the work of the public prosecutor, particularly in the case of disappeared human rights lawyer Somchai Neelaphaijit (UP-130-2005).

 

 

To support this case, please click here: SEND APPEAL LETTER