Dear Friends,
The Asian Human Rights Commission (AHRC) has learnt that the only person facing charges in the murder case of human rights defender Mr. Chai Boontonglek, has been acquitted by the Wieng Sra Provincial Court. Mr. Boontonglek was murdered on 11 February 2015, and is the fourth human rights defender killed in Khlong Sai Pattana community since 2010. His case highlights the persistent impunity in attacks on human rights defenders, as well as the urgent need for their protection.
CASE NARRATIVE:
Mr. Boontonglek was a land rights defender of Khlong Sai Pattana community, Chaiburi district, Surat Thani province, southern Thailand and a member of the Southern Peasants’ Federation of Thailand (SPFT).
On 11 February 2015, Mr. Boonthonglek was shot six times and killed in front of his family in Khlong Sai Pattana community. On 21 May 2015, the Wieng Sra public prosecutor filed a charge against only the motorcyclist involved in the shooting, even though the police had arrested the shooter and target pointer as well. According to the prosecutor, “We had no concrete evidence to prove their guilt.”
The lack of charges led to the fear of threats, resulting in some of Mr. Boontonglek’s witnesses and their legal team filing a petition requesting witness protection in June 2015. They subsequently received protection from the Chai Buri police station, Surat Thani province. “The perpetrators – which the community believe may be linked to the local authorities in the area – are still out there, which means another killing could take place,” said some members of the SPFT Steering Group.
On 28 and 29 January 2016, the Wieng Sra Provincial Court examined the witnesses in criminal case no. 1273/2558 related to Mr. Boontonglek’s assassination.
During the witness examination of January 28-29, Mr. Boontonglek’s relative called four witnesses for examination. These witnesses testified to the relation between the defendant, the shooter and the target pointer. The defendant’s three witnesses only confirmed that they were with the defendant during Mr. Boontonglek’s murder.
On 15 March 2016, the Wieng Sra Provincial Court acquitted the defendant, which means that no one has been held accountable for Mr. Boonthonglek’s killing. The trial court held that prosecution witnesses could not properly identify the defendant, and that a cap and gun collected from his house could not be positively identified as belonging to the man who had been involved in attacking Mr. Boontonglek.
Mr. Boonthonglek’s relative intends to appeal the verdict, which must be done within 30 days.
Mr. Boontonglek is the fourth human rights defender from Khlong Sai Pattana community to have been murdered since 2010. On 11 January 2010, Mr. Somphom Pattaphum was brutally shot and killed inside Khlong Sai Pattana community land. Two years later, on 19 November 2012, two women land rights defenders, Ms. Montha Chukaew and Ms. Pranee Boonrat, were assassinated and their bodies mutilated on the road to Khlong Sai Pattana community, which passes through an expired palm oil concession land. Nevertheless, no charges were filed nor legal proceedings pursued against anyone involved in these murders.
ADDITIONAL INFORMATION:
The defendant, Mr. Santi Wanthong, was formally indicted on the following charges: murder of another person (section 288 of the Thai Criminal Code); jointly premeditated murder (section 289 of the Thai Criminal Code); possession of a firearm without a permit (section 371 of the Thai Criminal Code); and possession of ammunition for a firearm without a permit (sections 7, 8 and 72 of the Gun, Ammunition, Explosive Substance, Firework and Artificial Gun Weapon Act).
The SPFT was formed in 2008 and campaigns for the right to agricultural land in the Khlong Sai Pattana community and Permsub area, in Surat Thani Province and other areas in the region.
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge them to ensure justice and effective remedies for human rights defenders. Please also be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Failure of justice for human rights defenders
Name of victim: Mr. Chai Boonthonglek
Names of alleged perpetrators: Mr. Santi Wanthong and two unknown persons
Date of incident: 11 February 2015
Place of incident: Khlong Sai Pattana Community, Chaiburi District, Surat Thani Province, south Thailand
Case details: Criminal case no. 1273/2558, the Wieng Sra Provincial Court, Surat Thani province, southern Thailand
I am writing to voice my deep concern regarding the lack of accountability for killings of land rights activists in Thailand. On 15 March 2016, the Wieng Sra Provincial Court’s acquittal of the only person facing charges for the killing of Mr. Chai Boonthonglek highlights the urgent need for the Thai authorities to protect human rights defenders in the country.
Mr. Boontonglek was a land rights defender of Khlong Sai Pattana community, Chaiburi district, Surat Thani province, southern Thailand. On 11 February 2015, he was murdered by gunmen but the Wieng Sra public prosecutor filed a charge against only the motorcyclist involved in the shooting, because they could not collect enough concrete evidence to against the shooter and target pointer.
During the witness examination on 28 and 29 January 2016, Mr. Boontonglek’s relative, as co–plaintiff with the Wieng Sra public prosecutor, called four witnesses for examination. These witnesses testified to the relation between the defendant, the shooter and the target pointer, while the defendant’s three witnesses only confirmed that they were with the defendant during Mr. Boontonglek’s murder.
In addition, the lack of charges against the other suspects led to the fear of threats, resulting in some of Mr. Boontonglek’s witnesses and their legal team filing a petition requesting witness protection in June 2015. They subsequently received protection from the Chai Buri police station, Surat Thani province.
I was concerned to learn that on 15 March 2016, the Wieng Sra Provincial Court acquitted the defendant. Although Mr. Boonthonglek’s relative intends to appeal the verdict at the Appeal Court, it is clear that no one has been held accountable for Mr. Boonthonglek’s killing. At the same time, it represents the failure of the State in protecting those trying to uphold social and economic rights in Thailand.
This failure is highlighted by the fact that Mr. Boontonglek is the fourth human rights defender from Khlong Sai Pattana community to have been murdered since 2010. Three other SPFT activists have been killed: Montha Chukaew and Pranee Boonrat in 2012 and Somporn Pattanaphum in 2010.
As a State Party to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), Thailand has the obligation to respect, protect, and fulfill the rights protected under these treaties. Moreover, Thailand will undergo review by the UN Committee on Economic, Social and Cultural Rights in early June 2016; I therefore reiterate the urgent call to the Thai authorities to address human rights violations, defend land rights of its citizens, and protect its natural resources.
I wish to point out that Article 12(2) of the UN Declaration on Human Rights Defenders outlines the obligation for the State to “take all necessary measures to ensure the protection by competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” I exhort the government of Thailand to pay serious heed to the rights of human rights defenders under the UN Declaration on Human Rights Defenders.
Hence, I urge the Thai authorities to:
1. Call on the Thai Royal Police to undertake exhaustive and independent investigations into the attack against Mr. Chai Boonthonglek and to punish the perpetrators, as a fundamental means of preventing such attacks;
2. Call on the Ministry of Justice, as coordinator for human rights defenders protection, to work with other state agencies such as the Department for Special Investigations to prioritize the cases of killings of SPFT and other land rights defenders. Given the gravity of land rights defenders being continually killed and the de-legitimisation of human rights defenders’ work by local authorities, it is necessary that national level authorities with a clear and comprehensive objective to work against the standard of impunity faced by land rights defenders in the South of Thailand take up this case and the case of other land rights defenders killed or forcibly disappeared;
3. Call on the Director General of the Rights and Liberties Protection Department to grant reparations for the families of the deceased human rights defenders; and
4. Call on the Thai authorities to urgently adopt effective measures to protect the life and physical integrity of human rights defenders who are threatened, and to ensure that these measures are decided on in consultation with the defenders;
I trust you will take prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. General Prayuth Chan-ocha
Prime Minister
Head of the National Council for Peace and Order
Royal Thai Army Commander-in-Chief
Rachadamnoen Nok Road
Bang Khun Phrom
Bangkok 10200
THAILAND
E-mail: prforeign@gmail.com
2. Mr. What Tingsamitr
Chairman, 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
E-mail: amara@nhrc.or.th
3. Mrs.Tuenjai Deetes
National Human Rights Commissioner
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
Email: niran@nhrc.or.th
4. Mr. Paiboon Khumchaya
Minister of Justice
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: +66 2 14-5100
Email: callcenter@moj.go.th
5. Mrs. Kannika Seangthong
Director General
Rights and Liberties Protection Department
120 Moo 3 Rajaburi Direkriddhi Building
The Government Complex Commemorating His Majesty the King´s 80th Birthday Anniversary 5th Changwattana Road Tung Song Hong Laksi
Bangkok 10210
THAILAND
Tel: +66 2 1412707 +66 2 1412707
Fax: +66 2 1439660
Email: savestanan@yahoo.com
6. Mr. Wonnsiri Phormchana
Surat Thani Provincial Governor
Surat Thani City Hall Mueang
Surat Thani 84000
THAILAND
Tel : +66 7 727 2176
Fax : +66 7 728 5990
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
