Monday 28 September 2009 at 9.00 am, the court in Yala spoke with the public prosecutor and the lawyer for the first trial in the death inquest of Mr. Usharee Samaae (26) according to Criminal Procedure Article 150. Prior to this, investigative officers submitted the case file to the Yala public prosecutor and was recorded as case Chor 0998 on 29 September 2007. However, the public prosecutor denied the request for an inquest into the death. He gave the reason that Mr. Samaae died at the hospital which was not under the responsibility of the investigative officers.
The mother, Mrs Baedoh Samaae, made an appeal to the office of the Attorney General on 16 October 2008. She addressed the fact that her son was arrested by police on 21 July 2007, at Krongpinang,Yala. While in detention he was injured and sent to Inkayuthaboriharn hospital, then transferred to Pattani hospital and finally to Yala Central hospital. He died on 23 July 2007 at Yala Central hospital. After an appeal was lodged, the Attorney General ordered further investigation into the death of Mr Samaae. He had received further evidence that Mr Usharee Samaae died after being arrested and detained by police. Finally, the Attorney General made the decision to process the death inquest according to Article 150. More than 2 years have passed and justice has finally started for the Samaae family.
In addition, Samaae¡¦s family has not received any compensation. The Compensation and Rehalibitation Unit, SBPAC, sent a letter to Mrs Baedoh Samaae on 16 May 2008. They stated that Mr. Samaae died in hospital but not as a result of the operation of insurgents. Therefore, she should seek assistance from the Office of Justice in Yala province. On 27 May 2008 the Yala Office of Justice sent a letter in which they indicated that compensation and rehabilitation are only for victims of violent action by insurgents. Mr Usharee Samaae died in hospital and this circumstance did not comply with the regulations of the Compensation and Rehabilitation Unit. Then, on 16 July 2008, in the Bangkok Civil Court, Mrs. Baedoh Samaae sued the Army, the Ministry of Defense and the Royal Thai Police for compensation in Black Case no. 4039/2551. The case is now under consideration in the courts.
For further information contact the Justice and Legal Protection Project, Cross Cultural Foundation
Tel. 02-6934939
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