Dear friends,
The Asian Human Rights Commission (AHRC) has been informed by the Working Group on Justice for Peace (WGJP) that a man was shot dead and another was reportedly tortured after being arbitrarily arrested on 18 March 2008 by military task force in Southern Thailand. The relatives of the arrestee witnessed several bruises and remarks on his body.
CASE DETAILS:
On 18 March 2008, Sukrinai Loamar and his father-in-law Sakri Loama came under fire in BaNgoeMuwa village in their home district at 6am, while they were harvesting rubber from trees near the local mosque.
The WGJP, Peace Witnessing Project at the Research Center for Peace Building, Mahidol University, and the Muslim Association Center have all reported on the case. According to these reports, around 60 members of the 39th Special Military Task Force surrounded the village before some opened fire from behind Sukrinai and Sakri without warning. Due to the gun fire, Sakri was shot dead. Sukrinai lay on the ground and was arrested. The military claim that Sukrinai was involved in the beheading of three Buddhists last year in the Samakki sub-district, and other violent incident in Ruesor. However, to date the police have failed to investigate the death of Sakri.
After his arrest, Sukrinai was held in a truck with small barred windows, which is used for detaining a person, stationed inside the military camp on the same day. He was not allowed to pray. Sukrinai’s mother was able to visit on March 19 and was shocked to note bruises and red marks on his face. While his relatives waited outside the camp, they were warned that their presence would result in Sukrinai being assaulted further and they left. When they came again on March 20, they were told the same thing and that if they returned again Sukrinai would not be transferred to police custody but would stay where he was and be treated worse than before.
On following morning, March 21 Sukrinai and other detainees were taken to Ingkayuthboriharn camp in Pattani Province. Sukrinai was then taken to Ruesor district police station at about 4pm, where he was able to see relatives and report that he had been tortured the night before. The torture included having his fingernails and toenails pierced with a syringe, his arms and legs scratched with syringe needles, and his back and head beaten. He was hung upside down from a tree for an extended period of time, made to grovel at the feet of the military personnel and forced to drink alcohol. His relatives said that they saw dried blood on his clothes.
Then, Sukrinai was transferred to Tan Yong Police Station, central District, Narathiwat Province on March 22 and his mother reported this incident to the police at Ruesor district Police Station on next day.
The police records that Pol. Capt. Denchai Moonpom has made, which require that an injured person undergo a medical checkup, also acknowledge that Sukrinai had suffered injuries, although failed to give details.
ADDITIONAL INFORMATION:
According to Sukrinai, when he was in the camp of the 39th Special Military Task Force on March 19, he was confined with Imam Yapa Koseng, who later died, and five other people in the truck (See AHRC-UAC-055-2008). Sukrinai claimed that he witnessed Yapa being tied to a chair while naked, then kicked and beaten to the floor repeatedly.
BACKGROUND INFORMATION:
This case shows how the Emergency Decree which is in effect over Southern Thailand results in serious human rights abuses. The decree was introduced by the former prime minister mid-2005 as part of a heavy-handed approach to the violence in that part of the country, and it grants the army and police even greater powers than under martial law. State officers are therefore encouraged to keep detainees in various locations and treat them in any manner without fear of being prosecuted. (Please refer to: AHRC-UAC-026-2008, AHRC-UAC-013-2008, AHRC-UAC-005-2008 and UA-237-2007)
This incident also speaks to the total impunity with which the security forces are operating under the Emergency Decree in southern Thailand. It bears a resemblance to a number of other recent killings of young men, including those in Bannang Sata on April 9 (AS-078-2007) and the shooting of 15-year-old Abukoree Kasor by rangers on March 9 (UA-111-2007). In none of the other cases also have any inquiries followed against the accused officers that might lead to legal action (UA-174-2007)
For full details on the decree and violence in the south visit: http://thailand.ahrchk.net/edecree
For further on human rights issues in Thailand read the 2007 country report of the AHRC.
SUGGESTED ACTION:
Please write to the authorities below urging them to investigate the torture of Sukrinai Loamar, the death of Sakri Loama and arbitrary arrest and detention
Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on the Question of Torture, the Working Group on Arbitrary Detention and the Southeast Asia office of the UN High Commissioner for Human Rights calling for an immediate action in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________
THAILAND: Please investigate the death and torture in military camp in the south
Details of victims:
1. Sakri Loama; 44 years old; residing at No. 18/1 Moo 6th Samakki Sub-district, Ruesor District, Narathiwat Province; shot dead on 18 March 2008 near the mosque in BaNgoeMuwa village, Moo 1st SaWor sub-district, Ruesor district, Narathiwat Province
2. Sukrinai Loamar, 22 years old; residing at No. 18/1 Moo 6th Samakki Sub-district, Ruesor District, Narathiwat Province; arbitrarily arrested and detained on March 18; tortured in the 39th Special Military Task Force stationed at Taharnma village, Ruesor district, Narathiwat Province; currently detained at Tan Yong Police Station, central district (Maueng district) of Narathiwat Province
Alleged perpetrators: military personnel from the 39th Special Military Task Force, stationed at Taharnma village, Ruesor district, Narathiwat Province
I am writing to voice my deep concern regarding the extrajudicial killing of a man and alleged torture of another after arbitrary arrest in Narathiwat Province, Southern Thailand.
According to the information that I have received, military personnel from the 39th Special Military Task Force shot Sakri Loama dead and arbitrarily arrested Sukrinai Loamar while they were harvesting in BaNgoeMuwa village. After this incident, the military alleged that Sukrinai was involved in three murder cases last year in the Samakki sub-district and other violent incident in Ruesor. However they failed to investigate the death of Sakri.
I am informed that Sukrinai’s mother witnessed that his face was bruises and red marks on March 19 in the military camp. His relatives also witnessed that his fingernails and toenails pierced with a syringe, his arms and legs scratched with syringe needles, and his back and head beaten on March 21 when he was transferred to the Ruesor district police office by way of Ingkayuthboriharn camp in Pattani Province.
This case shows how the Emergency Decree in the southern provinces in Thailand enables the military to abuse its power, and leads directly to torture and other serious human rights abuses. Although, Thai government signed Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – CAT and provided Article 32 on Constitution 2007 but they did not introduce a related domestic law and such claims have never been materialized.
I therefore urge the government of Thailand to investigate the extrajudicial killing of Sakri Loama and torture of Sukrinai Loamar as soon as possible and provide protection in accordance with the provisions of the Witness Protection Act BE 2546 (2003), as well as medical and psychological treatment and enforce belong to Article 32 on Constitution 2007. An independent investigation should be launched to look into his allegations of torture. If the allegations are proved, the perpetrators should be identified and prosecuted accordingly; those two men also be offered with sufficient compensation.
I also urge that Sukrinai and the family of Sakri be compensated properly in accordance with the provisions of the Compensation for Victims of Crime Act BE 2544 (2001).
Given the information that Sukrinai witnessed Imam Yapa Koseng being tortured and subsequently died in the camp of the 39th Special Military Task Force, I also call on you to investigate the death of Yapa and provide protection to Sukrinai as witness on Yapa’s death.
Finally, I call for the Government of Thailand to lift the Emergency Decree over the southern provinces. The government should also introduce the UN Convention against Torture into domestic law. The recommendations of expert bodies on human rights in Thailand and the conflict in the south, notably the National Reconciliation Commission and the UN Human Rights Council in 2005, should be implemented without further delay.
I look forward to your intervention.
Yours Sincerely,
_____
PLEASE SEND YOUR LETTERS TO:
1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000
E-mail: spokesman@thaigov.go.th
2. General Anupong Phaochinda
Chief, Internal Security Operations Command
c/o Government House
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000
3. Mr. Sompong Amornwiwat
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +662 502 6699/ 6734 / 6884
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th
4. Mr. Chalerm Yoobumrung
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +662 226 4371/ 222 8866
Tel: +662 224 6320/ 6341
E-mail: om@moi.go.th
5. Mr. Noppadon Pattama
Minister of Foreign Affair
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Ratchathevee, Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
6. Pol. Gen.Patcharavat Wongsuwan
Acting Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I Road, Patumwan
Bangkok 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
7. Lt. Gen. Viroj Buacharoon
Commander
Fourth Army Area
Sirinthon Camp, Khaotoom
Yarang, Pattani 94160
THAILAND
Fax: +66 73 262 572
Tel: +66 73 262 598
8. Mr. Karan Supkitvilakakarn
Governer Governor of Narathiwat Province
Office of the Governor of Narathiwat Province
Muang District
Narathiwat 96000
THAILAND
Fax: +66 73 514230
Tel: +66 73 514230
E-mail: kalan@ponara.go.th
9. Mr. Chaikasem Nitisiri
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Praboromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +662 224 0162/ 1448/ 221 0858
Tel: +662 224 1563/ 222 8121-30
E-mail: ag@ago.go.th or oag@ago.go.th
10. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathumwan, Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980
E-mail: commission@nhrc.or.th
11. Chairperson
Subcommittee on Legislation and Administration of Justice
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathumwan, Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
