A Press Releasefrom the Lawyers Council of Thailand, Human Rights and Development Foundation,The Foundation of Education and Development, Muslim Attorney Centre Foundation and Diocesan Social Action Cantre of Souratthani Catholic Foundation forwarded by the Asian Human Rights Commission (AHRC)
The Provincial Court of Ranong and the Juvenile and Family Court of Ranong have accepted to review the cases filed by the public prosecutor accusing migrant workers in fishing sector in committing murder while the defendants denied the charges claiming they had been tortured and forced to confess to the charges.
On 15and 22 January 2016, the Ranong public prosecutorfiled the case against two migrant workers in fishing sector with the Provincial Court of Ranong in the Black Case no. 115/2559and another two with the Juvenile and Family Court of Ranong in the Black Case no.7/2559.
It claims in sum that on 28September 2015, the four defendants carried with them one sharp edged knife and walked about in an alley by a Chinese Buddhist shrine hall in Ban Ring Sub district, Muang District, Ranong Province. They collectively murdered Miss OraweeSamphaothong, also known as ‘Apple’, using a wooden club to hit at her several times and then used the sharp edged knife to stab her to death.
At the crime scene, the inquiry officers found a bamboo stick and on 23 October 2015, they managed to recover one sharp edged knife and seized it as incriminating evidence. The Courts are asked to convict the four defendants on an offence against life including on premeditated murder and on carrying a knife into a public space without reasonable ground.
The Juvenile and Family Court of Ranong schedules the pre-trial hearing to review evidence on 28 February 2016 at 13.30, while the Provincial Court of Ranong sets it on 14 March 2016 at 8.30.
Background
On 28September 2015, Miss OraweeSamphaothong, also known as ‘Apple’ was fatally stabbed in an alley by a Chinese Buddhist Shrine hall in Moo 5, Ban RingSub district, Muang District, Ranong Province. [Between] 20-24 October 2015, the police of the Ranong Police Station have made the arrest of the four defendants including Mr. Mo Sin Ao, Mr.SaiKadao, Mr.KyawSoe Win, and Mr. Saw Lae, and charged them for murder.
While holding them in custody, the police have filed a motion with the Court asking for permission to bring the four alleged offenders for questioning in a non-prison facility while their relatives and lawyers were denied visit to them and they had no access to any legal counselling in the beginning.
During the second remand hearing, the inquiry officers asked the Court to have the four suspects remanded in the Provincial Prison of Ranong. The two suspects appeared with restraints including big and heavy shackles they had to wear 24 hours.
The lawyers have asked the Superintendent of the Provincial Prison of Ranong and the Director General of the Corrections Department to have […] the shackles removed since it violates the obligations per the international instruments to which Thailand is a state party.
In addition, the Supreme Administrative Court once ruled that by placing the shackles 24 hours on the prisoner, it deprives them of their rights.
As a result of the complaint, the Provincial Prison of Ranong had the shackles removed.
In addition, their relatives have complained with various agencies including the Office of the National Human Rights Commission (NHRC), the Myanmar Embassy to Thailand, andthe Counter Corruption Division under the Thai Royal Police that the suspects had been subjected to physical abuse and forced to confess while being held in custody.
The cases have drawn attention and assistance from lawyers and organizations including the Lawyers Council of Thailand, Human Rights and Development Foundation (HRDF), the Foundation of Education and Development (FED), and the Diocesan Social Action Center of Suratthani Catholic Foundation (DISAC).
They want to ensure the migrant workers who are defendants in this case have access to justice, and to campaign for the enforcement of the law based on the rule of law, and without discrimination based on differences in race, religion, and culture. They, in particular, want to raise the awareness of the prohibition of the use of torture and physical abuse in order to obtain information or confession, the act of which is grossly detrimental to the justice process.
For more information, please contact:
1. Mr.RatsadaManooratsada
Lawyer of the Lawyers Council of Thailand
Phone number +6681 439 4938
2. Ms.KunanyaSongsamuth
Lawyer of the Diocesan Social Action Center of Suratthani Catholic Foundation
Phone number +6688 753 5774
