The Provincial Court of Narathiwat set the preliminary hearing on the case of Imam Yapha Kaseng at 09.00am on 2 September 2010
To determine if the case of the alleged torture to death of the Imam while under official custody is actionable or not
On 18 June 2010, the Provincial Court of Narathiwat scheduled the last preliminary hearing with the examination of experts on Convention Against Torture (CAT) related to the criminal case, Black Case no.1611/2552 between Ms. Nima Kaseng, the petitioner, against Maj. Wicha Phuthong, 1st, Capt. Sirikhet Wanichbamrung, 2nd, Sgt.Maj.1 Rerngnarong Buangam, 3rd, Sgt. Narongrit Harnwet, 4th, Sgt. Bandit Thinsook, 5th, and Pol. Col. Thanongsak Wangsupha, 6th , on charges regarding coercing another person to do or refrain from doing something or to concede to a demand, detention or confinement of a person, malfeasance or corrupt practice by officials, and participating in committing injuries which has led to death of a person as a result of torture or an act of cruelty. The hearing to determine if the case is actionable shall take place at 09.00am on 2 September 2010. This is the first case filed by aggrieved parties who seek to use justice process to bring to justice governmental officials in a criminal offence related to grave human rights abuse, particularly the torture to death of a person while being held under official custody.
Ms. Nima Kaseng invokes her right to pursue the case as the lawful wife of the late Mr. Yapha Kaseng, the Imam of Kortor Mosque, Reuso District, Narathiwat. He was arrested during the cordon and search operation by the combined force of the army officials from Narathiwat Taskforce 39 and police officials from the District Police Station of Reuso, Narathiiwat. Later, he was brought to a press conference at which he was accused of being part of the insurgency movement. It was alleged that he died of torture while being held in custody at Narathiwat Taskforce 39 located in Wat Suan Tham, Tambon Reuso-ok, Reuso district, Narathiwat during 19-21 March 2008. This has thus led to the criminal suit against the army and police officials.
Previously, the Provincial Court of Narathiwat has completed the post mortem trial of Mr. Yapha Kaseng as required by Section 150 of the Criminal Procedure Code as per the criminal case, the Black Case no. Or Chor 9/2551. The Court ruled on 25 December 2008 that the dead person was Mr. Yapha Kaseng and that he died at Narathiwat Taskforce 39 located in Wat Suan Tham, Moo 2, Tambon Rueso-ok, Reuso district, Narathiwat, on 21 March 2008 at 6.30. The cause of death is being physically abused by military officers until the ribs broke and pneumothorax was sustained on his right chest during the time the deceased was held in custody by the military officers who were competent officials. As the petitioner, Ms. Nima Kaseng, used to report the case to the inquiru officials, but due to delay in action, the petitioner decided to bring the case to the Court.
For more detail, please contact:
Ms. Ratsada Manuratsada, Attorney, Cross-Cultural Foundation (CrCF), Tel no.: +66 81 489 4938 (in Thai)
Mr. Sitthphong Chanthawirote, Attorney, Foundation of Muslim Attorney Centre (MAC), Tel no.: +66 89 873 1626 (in Thai)
ADDITIONAL INFORMATION:
The post-mortem inquest into the custodial death of ImamYapa Kaseng was already held on June 30, 2008 in Narathiwat Provincial Court. Both the Cross Culture Foundation (CrCf) and the Muslim Attorney Center (MAC) were involved in the inquiry. The AHRC has released information regarding to Yapa case by AHRC-UAC-055-2008, AHRC-UAU-042-2008, AHRC-UAU-017-2008, AHRC-UAU-038-2008 and the article by Bangkok Post (THAILAND: Dead imam had been assaulted).
The Asian Legal Resource Centre (ALRC), the sister organisation of AHRC, has also published the Oral Statement to the 8th Session of the UN Human Rights Council regarding the Yapa case by ALRC-COS-08-008-2008.
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