THAILAND: Two cases of extremely serious torture and cruel and inhuman treatment by Thai police officers

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring to your attention two recent cases of very serious and gruesome torture and cruel and inhuman treatment by police in Thailand. According to the information we have received, in the first case officers at the Lumpini Police Station in Bangkok detained a young couple for 102 days without charge, during which time one of them, a 17-year-old girl, gave birth in the cell of the police station unattended. In the second case, officers at two police stations in Ayutthaya province, north of Bangkok, brutally tortured a man, including electrocuting his penis and testicles. 

Although the police force has commenced disciplinary inquiries and indicated that at least one officer will be charged with criminal offences, given the gravity of the cases, we urge you to write to the Minister of Justice calling on him to take an active role in investigations. Criminal prosecutions of police officers in Thailand are rare; strong public pressure and convictions are needed in these cases to send the message to police that they cannot commit gross human rights abuses without consequences. Please also urge the government of Thailand to ratify the UN Convention against Torture, and introduce it into domestic law without delay. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The following are the details of two recent cases of serious torture and cruel and inhuman treatment committed by officers of the Royal Thai Police. 

Case 1: Cruel and inhuman treatment of Chol Narapinit and Siri-on Changluadlai at Lumpini Police Station, Bangkok

Victims: 
1. Mr Chol Narapinit, 28 (husband)
2. Ms Siri-on Changluadlai, 17 (wife)
3. Baby of first two victims; born while in custody
4. Unnamed third suspect in case

Alleged Perpetrators: 
1. Pol. Maj. Kriangsak Tipjol, investigating officer, Lumpini Police Station, Bangkok
2. Pol. Col. Suwat Jaengyodsuek, Superintendent, Lumpini Police Station, Bangkok
3. Pol. Lt-Col Rangsan Praditpol. Deputy Superintendent, Lumpini Police Station, Bangkok
4. Other officers attached to Lumpini Police Station, Bangkok

Date of incident: From 27 July to 5 November 2004 

Case status: Internal investigation under way; Pol. Maj. Kriangsak temporarily suspended from duty, pending criminal charges: a formal complaint has been lodged against him; Pol. Col. Suwat and Pol. Lt-Col Rangsan transferred pending inquiries. 

Details of the case

Mr Chol Narapinit and his wife Ms Siri-on Changluadlai were arrested on 27 July 2004, on allegations of theft. They have said that the police assaulted them and stole a gold necklace from their possession; Ms Siri-on was pregnant at the time of the alleged assault.

The court released the couple on November 5 after being detained by Pol. Maj. Kriangsak Tipjol at Lumpini Police Station for a continuous period of 102 days without charge. This period exceeded the statutory limit for detention by 18 days. The criminal litigation division that receives cases from Lumpini Police Station has stated that it at no time received a police report on the case. A third suspect in the case has also been reported as having been maltreated before being released on October 19, at the end of the statutory limit. 

During her detention, Ms Siri-on gave birth to a child, but obtained no assistance from the police officers in the station. Her relatives came and took the child from her after five days. It is also alleged that Pol. Maj. Kriangsak recorded her age as 19 to avoid having to treat her in accordance with regulations for juvenile detainees, as per Thailand’s obligations under the UN Convention on the Rights of the Child, and the Child Protection Act 2546/2003. 

Pol. Maj. Kriangsak has now been temporarily dismissed, and the police force has established panels to investigate all officers concerned in the case, including the police station chief and deputy. Pol. Maj. Kriangsak faces charges of malfeasance and confinement. The victims lodged a formal complaint today; however, as no charges have yet been brought, he has remained at large. Meanwhile, the Office of Witness Protection has sought assistance for the victims from the Crime Suppression Division to prevent revenge attacks by the police concerned.

Case 2: Torture of Mr Ekkawat Srimanta at Phra Nakhon Si Ayutthaya Police Station and Uthai Police Station, Ayutthaya Province 

Victim: Mr Ekkawat Srimanta, 21, a street vendor and rescue worker

Alleged Perpetrators: 

From Phra Nakhon Si Ayutthaya Police Station:
1. Pol. Lt-Col. Suebsak Pinsang;
2. Pol. Snr Sgt-Maj. Preecha Meewongsom;
3. Pol. Sgt-Maj. Winai Kampang;
4. Pol. Sgt-Maj. Somchai Raksakul;
5. Pol. Sgt Pichit Sangchan;
6. Pol. Sgt Kitti Traplom;
7. Pol. Sgt Nontawat Wonghong;
8. Pol. Cpl Pakorn Satabutra;
9. Pol. Cpl Suwan Ruensawang;
10. Pol. Sgt Wirach Chantanit;
11. Pol. Sgt Chareon Meksaen;
12. Pol. Sgt Wichit Suanchimplee.

From Uthai Police Station:
1. Pol. Lt-Col. Picha Rujinam;
2. Pol.Capt.Sritong Jonrod;
3. Pol. Capt. Manoch Bunsong;
4. Pol. Snr Sgt-Maj Wichai Kernumnuay;
5. Pol. Snr Sgt-Maj Panya Enon;
6. Pol.Sgt Pensan Chantem;
7. Pol. Sgt Somkid Chodsomboon;
8. Pol. Sgt Monchai Chaloiyan;
9. Pol. Cpl Pitak Chamcharas;
10. Pol. Sgt Wasan Mingkwan;
11. Pol. Snr Sgt Wisut Raknak.

Date of incident: 2 November 2004 

Case status: Twenty-three officers have been transferred to Bangkok pending the result of investigations; no suspensions or criminal actions yet. 

Details of the case

Mr Ekkawat Srimanta, 21, was arrested on 2 November 2004 by officers in Ayutthaya Province, on allegations of robbery. It is alleged that officers attached to the Phra Nakhon Si Ayutthaya and Uthai police stations brutally tortured Mr Ekkawat, who was rushed to the local hospital by friends after being released without charge. 

According to the information available, the officers at Phra Nakhon Si Ayutthaya station arrested Mr Ekkawat. After they took him into detention, they covered his head with a hood and beat him all over his body to force him to confess to robbery. Then they transferred him to Uthai Police Station, as the stolen goods were meant to be in the area of its jurisdiction. The officers at that station electrocuted Mr Ekkawat mercilessly, including on his penis and testicles, to have him confess. 

A photograph of Mr Ekkawat in the hospital is available by clicking here: View Photo. (Source: Manager)

According to reports, Mr Ekkawat has burns all over his testicles, penis, groin, and on his toes. He has injuries from beating all over his body, including the marks of combat boots on his back, swollen thighs, swollen cheeks, face and throat, and blood in his eyes.

The twenty-three officers involved in the case have now been transferred to Bangkok while investigations are ongoing. The regional commander has stated that criminal proceedings will follow. The victim has asked for the Department of Special Investigation, under the Ministry of Justice, to handle the case. 

ADDITIONAL COMMENTS:

Both of these cases speak to the role of superior officers in permitting and condoning torture in their police stations, the need for external investigations, and the need for Thailand to sign and ratify the UN Convention against Torture and introduce it into domestic law. 

In the first case, that a young woman could be left in a police station detention cell for over 100 days, and give birth there, indicates an institutional tolerance of gross human rights abuse. Apart from the arresting officers and those alleged to have assaulted the victims, all of those found to have been responsible for the management of the police station and its detention cells during this period must be held to account. It is simply unbelievable that the superintendent of the police station did not know that people were being held in prolonged detention in his police station, and that a young woman gave birth unattended there.

In the second case, of particular concern is that the manner of torture that was used, which bears a marked resemblance to that inflicted on the five men previously being defended by the missing human rights lawyer, Mr Somchai Neelaphaijit. (See UA-94-2004, FA-06-2004, UP-14-2004, UP-26-2004. UP-58-2004. UP-61-2004). In particular, the practices of hooding and applying electric shocks to the testicles and penis and other sensitive body parts suggest the work of seasoned and experienced professional torturers who have engaged in such practices many times before. The AHRC has repeatedly expressed concern that torture is widespread among state security agencies in Thailand, however, up until recently intimidation and limits to freedom of expression in the media have meant that it was not publicly discussed. Reports that are now coming out suggest that the Uthai Police Station is notorious for abusing detainees; these practices can only be perpetuated at an institutional level with the encouragement of the officers-in-charge. 

In both of these cases, the important thing is that external investigations leading to criminal prosecutions be conducted; internal inquiries are not enough. A senior judge has already stated that the officers must be suspended, not merely transferred, and face criminal charges. The Department of Special Investigation (DSI) under the Ministry of Justice and the Office of the Attorney General should be the lead agencies in the inquiries. Thailand does not have any independent agency for investigating the police. However, there have been many calls from within the country for urgent changes to the management of criminal cases so that the Attorney General will be given a lead role in investigations rather than the police. 

Although article 31 of the Constitution of Thailand prohibits torture, the government has not signed or ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Nor is there a specific provision prohibiting torture under the Penal Code of Thailand. The current domestic legal provisions to deal with torture in Thailand fall far short of that envisaged by the CAT, and cannot effectively address the serious endemic torture that the AHRC believes persists in the country. However, Thailand has for some time indicated that it would ratify the CAT, and in recent days the Minister of Justice has spoken out against police torturers. Therefore, the opportunity now exists to urge strongly the government of Thailand to ratify and implement the CAT. 

SUGGESTED ACTION:
Please send a letter, fax or an email to the Minister of Justice urging him to take a lead role in the investigations and prosecutions of the police in the above cases. Please also call on him to take steps to see the CAT ratified by Thailand and introduced into the domestic law. 

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