Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding two juvenile suspects tortured by police in Prachuap Khiri Khan Province, Thailand. According to the Cross Cultural Foundation (CrCF), three suspects were accused of a criminal offense. While they were in custody, the police tortured two of them in order to obtain confessions. The investigator indicted one of them with violating the Criminal Code.
CASE NARRATIVE:
The AHRC received the following information from the CrCF. In September 2016, the CrCF had received a letter of complaint from the three suspects who were accused of gang robbery. All three suspects insisted that they did not commit any crime. They were arrested by a combined police force in Prachuap Khiri Khan Province. Two suspects were tortured in order to obtain confessions. One of them stated that he was hit on the thigh and breast. As a result, he was in severe pain and suffered for more than a month.
All three suspects provided this additional information to the CrCF. They were accused of gang robbery. The incident occurred about 3am on 26 July 2016 when two foreign tourists were assaulted by an unknown group. The suspects supposedly robbed the victims of 100 baht and 200 Euro, a motorcycle, a cell phone and an Italian credit card. Subsequently the two injured persons filed a complaint with the police at the Sam Roi Yod Police Station, Sam Roi Yod district, Prachuap Khiri Khan Province.
On 1 August 2016, a combined force of police from Sam Roi Yod Police Station and Investigation Division Region 7, arrested a 19 year old suspect, Mr. Natthawat Thanatthikarnchana. The next day, suspects Mr. Adisak Srilamud and Mr. Sarunyu Sainamkeaw, 21 and 20 years old respectively, were arrested by the same police. All three suspects were detained at the Sam Roi Yod Police Station. Mr. Natthawat Thanatthikarnchana and Mr. Adisak Srilamud were tortured by the police. They needed to obtain confessions to satisfy the two foreign tourists, who lodged a complaint at the Sam Roi Yod Police Station on 26 July 2016.
All three suspects decided to file a petition with the CrCF in September. On 1–2 October 2016, a team of lawyers from the CrCF contacted the investigation officer. They requested additional information in the case of the two foreigners. An additional statement and the supply of five eye-witnesses were provided for the investigator. The suspects are taking this action because they need to prove that they are not guilty and that two of them were tortured to obtain confessions.
Although all the suspects were released on bail, the case had already been concluded. The investigator indicted the one who was tortured, with violating the Criminal Code, while dismissing the other two. Now, the three juveniles along with their CrCF lawyer will submit a petition to the Attorney General at the Prachuap Khiri Khan Prosecutors’ Office, requesting an acquittal of the case.
ADDITIONAL INFORMATION:
The usual practice in criminal cases is that the Police use torture as ‘a tool’ not only to obtain a confession but also to conclude a case. As a result, the number of complaints from torture victims has increased during this past year. Moreover, most of the torture victims and their families, including this case, prefer to inform and ask for legal assistance from a non- government organization that works to promote and protect the torture victim’s rights, instead of from government agencies. These incidents demonstrate that torture victims do not believe in the justice system. This is due to the fact that most of the alleged perpetrators are government officials involved in criminal proceedings, including the two torture victims in this case.
Thailand accepted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on 2 October 2007. Nearly ten years later, on 26 May 2016, the Thai government issued a Cabinet Resolution stating that it will pass a Prevention of Torture and Enforced Disappearance Act. Since then, there has been neither a national law passed nor significant changes in the behavior of state security forces. It appears that torture is imbedded in the investigation process, as in the case of these three juvenile suspects.
SUGGESTED ACTION:
Please write letters to the following authorities, calling on them to take the necessary action against the police officers involved in this case. Senior police authorities must quickly suspend the officers allegedly involved, and initiate action against them, after due process of investigation.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Police torture case in Prachuap Khiri Khan needs investigation and progress
Name of victim: 1. Mr. Natthawat Thanatthikarnchana, 2. Mr. Adisak Srilamud and 3. Mr. Sarunyu Sainamkeaw
Names of alleged perpetrators: Polices
Date of incident: 1 August 2016 to the Present
Place of incident: Prachuap Khiri Khan province, Thailand
I am writing to voice my deep concern regarding two juvenile suspects who were tortured by police in Prachuap Khiri Khan Province, Thailand.
In September 2016, the Cross Cultural Foundation (CrCF) had received a letter of complaint from three suspects who were accused of gang robbery. All three suspects insisted that they did not commit any crime. They were arrested by a combined police force in Prachuap Khiri Khan Province after which two suspects were tortured in order to obtain confessions. One of them stated that he was hit on the thigh and breast. He was left in severe pain and suffered for more than one month.
All three suspects provided additional information to the CrCF saying that they were accused of gang robbery. This incident occurred on 26 July 2016 at about 3am when two foreign tourists were assaulted by an unknown group. These suspects also robbed the victims of 100 baht and 200 Euros, a motorcycle, a cell phone and an Italian credit card. The two injured persons filed a complaint with police at the Sam Roi Yod Police Station, Sam Roi Yod district, Prachuap Khiri Khan Province.
On 1 August 2016, a combined police force, from the Sam Roi Yod Police Station and Investigation Division Region 7, arrested a 19 year old suspect, Mr. Natthawat Thanatthikarnchana. The next day, suspects Mr. Adisak Srilamud and Mr. Sarunyu Sainamkeaw, 21 and 20 years old respectively, were arrested by the same Police. While all three suspects were detained at the Sam Roi Yod Police Station, Mr. Natthawat Thanatthikarnchana and Mr. Adisak Srilamud were tortured in order to obtain confessions. This was to satisfy the two foreign tourists, who lodged a complaint at the Sam Roi Yod Police Station on 26 July 2016.
All three suspects decided to file a petition with the CrCF in September. On 1–2 October 2016, a team of lawyers from the CrCF contacted the investigation officer. They requested more evidence in the case of the two foreigners who were attacked. The three suspects will make an additional statement and bring five eye-witnesses before the investigator. This action is taken to prove that they are not guilty and that two of them were tortured to obtain confessions.
All of the suspects were released on bail but the case had already been concluded. The investigator indicted the one who was tortured, with violating the Criminal Code, while dismissing the other two. Now, the three juveniles along with their CrCF lawyer will submit a petition to the Attorney General at the Prachuap Khiri Khan Prosecutors’ Office, requesting an acquittal of the case.
Therefore, I would like to urge:
1. The Commander of the Royal Thai Police to immediately investigate this case regarding the complaint letter that the torture victims submitted to the investigator at the Sam Roi Yod Police Station, Sam Roi Yod district, Prachuap Khiri Khan Province;
2. The Attorney General of the Office of the Attorney General to bring this case under control in which the torture victims were accused;
3. The Chairman of the National Human Rights Commission to urge the Royal Thai Police and the Attorney General of the Office of the Attorney General to take prompt action to protect the torture victims in this case.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. General Prayuth Chan-ocha
Prime Minister
Head of the National Council for Peace and Order
Rachadamnoen Nok Road
Bang Khun Phrom
Bangkok 10200
THAILAND
Tel: +662 283 4000
Fax: +662 282 5131
Email: panadda_d@opm.go.th
2. Pol. Gen. Chakthip Chaijinda
Commissioner General of the Royal Thai Police
Rama I Rd, Khwaeng Pathum Wan,
Khet Pathum Wan, Bangkok 10330
THAILAND
Tel: +662 2516 831
Fax: +662 2053 738
3. Pol.Sub.Lt. Pongniwat Yuthaphunboripahn
Deputy Attorney General.
The Office of the Attorney General
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December, B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 142 1444
Fax: +662 143 9546
Email: ag@ago.go.th
4. Mr. What Tingsamitr
Chairman of National Human Rights Commission
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December
B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 141 3800, +662 141 3900
E-mail: help@nhrc.or.th
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
