A Press Releasefrom Cross Cultural Foundation (CrCF), Duay Jai Group, and Patani Human Rights Networkforwarded by the Asian Human Rights Commission (AHRC)
And Public discussion on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment in Thailand’s Deep South Project
Rationale
The eruption of the unrest in Thailand’s Deep South can be attributed to the gun robbery at Pi Leng Military Barrack, Narathiwat on 4 January 2004. Over the past eleven years, it shows no indication of winding down. According to the Deep South Watch, from 2004-2014, 14,688 violent incidences have taken place causing 6,286 deaths, or 571 deaths per year plus 11,366 injuries or 1,033 injuries per year.
The violence has prompted successive Thai governments to come up with various measures including the promulgation and enforcement of a range of special laws to empower local authorities in the search, seizure, arrest, hold in custody or detain an individual without warrant from the Court. Power has been invoked from the enforcement of the 1914 Martial Law Act, the 2005 Emergency Decree on Government Administration in States of Emergency, and the declaration of serious emergency situation in the Deep South of Thailand. As a result, in any circumstances, the officers are authorized to carry out cordon and search and to apprehend and deprive the liberty of any suspect invoking Martial Law which provides for detention in a military barrack for no more than seven days. The custody can then be extended for another 30 days in total invoking the Emergency Decree, though it has to be extended by requesting for the judicial approval every seven days. The custody can take place even without any charge being pressed against the person.
Legally, the person apprehended and held in custody invoking special laws is simply a suspect, not an offender or an alleged offender per the Criminal Procedure Code. But in reality, once they are held in custody, their rights are deprived of making them subjected to a worse predicament than applying the Criminal Procedure Code. Basically, during the custody, they are barred from having access to their lawyer. No bail is given. Any visit to them can be restricted to certain hours and days. In some cases, their detention places are concealed from their own relatives. And during the time, they shall be subjected to the interrogation of the officers who are keen to acquire as much information as possible from them and to incriminate them with the arising insurgencies or to accuse them of being a member of an insurgency group. The method used to corroborate the evidence is far from being compliant with what is provided for in the Criminal Procedure Code
During the 37 days, the officers would invoke power from special laws including Martial Law and the Emergency Decree to hold a suspect captive in a special facility. Access to such places is severely restricted making it lack accountability and transparency and no outside organizations including independent organizations such as the National Human Rights Commission (NHRC) can have access to the person detained. In addition, during the custody, access by human rights and independent lawyers is often restricted; it is required that prior to a visit, a request has to be made to the Commander of the Army Area Command making the process untimely and ineffective. Such requirements have made the persons detained vulnerable to torture and ill-treatment committed by security officers or at their acquiescence or at the instigation of their superior officers. Many complaints have been made about the treatment and they are left unanswered.
The Cross Cultural Foundation (CrCF) and allied organizations have received various complaints from those who used to be detained and are still detained that they have been subjected to torture and other cruel, Inhuman or degrading treatment. Therefore, the Duay Jai Group, the Patani Human Rights Network and the Cross Cultural Foundation (CrCF), with support from the United Nations Fund for Victims of Torture, have embarked on an effort to compile information and assist victims of torture to help remedy their physical and mental grievances and help them attain rehabilitation to return to a normal life.
Also, We have given assistance needed for them to have access to the justice process and remedy from the state. Recommendations have been made and proposed to concerned officers and agencies regarding the improvement of policies, laws and practice to prevent and eradicate the rampant torture and other cruel, Inhuman or degrading treatment in the Deep South. Still, such mal-practice continues unabated.
Therefore, the Cross Cultural Foundation (CrCF) and our alliance have produced a report to raise public awareness about the issue of torture and ill-treatment and its impacts and would like to harbor support to stop such practice.
The event shall be held on 10 February 2016, 13.00-16.30, at 3 floor, Arabic language studies building at the Islamic College Building, Prince of Slongkla University
Program :
Launching Pattani Torture report of 2014-2015 and Public discussion on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment in Thailand’s Deep South Project
By Cross Cultural Foundation (CrCF), Duay Jai Group, and Patani Human Rights Network
10 February 2016, 13.00-16.30
12.30 Registration
13.00 Opening Remarks
13.15-13.30 Key Note Speech by Associate Prof. Chidchanok Rahimmula
Dean of Political Science Faculty, PSU, Pattani
13.30-13.45 Presentation of objective of the project/ report by Pornpen Khongkachonkiet
Director of CrCF
13.45-14.30 Findings of the torture report in Pattani 2014-2015
Ms. Anchana Heemeena Duayjai Group
Ms. Nurhayatee Samoh HAP
Mr. Adilan Aliisahoh Chairperson of MAC- Yala
14.30-15.00 Q&A
15.00-16.00 The way forwards on Stop Torture and Torture prevention in the Deep South
Representative of victims/ families, judicial personnel, medical profession and security officers
16.00-16.30 Q&A + Concluding
