THAILAND: Southern land rights activist subject to death threat

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-007-2016
ISSUES: Administration of justice, Human rights defenders, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information from Protection International Thailand (PI) and Human Rights Lawyer Association (HRLA) that on 8 April 2016 Mr. Supoj Kansong, a land rights activist and a key witness to the assassination of Mr. Chai Boonthonglek, was ambushed by an unidentified gunman.

UPDATED INFORMATION

As described in the original appeal, (AHRC-UAC-021-2016), Mr.Supoj Kansong is aland rights defender of Khlong Sai Pattana Community, Chaiburi District, Surat Thani Province, southern Thailand, and a major witness to the assassination of Mr. Chai Boonthonglek, a member of the Southern Peasants’ Federation of Thailand (SPFT) who was killed in the Khlong Sai Pattana Community on 11 February 2015.

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. Mr. Supoj Kansong testified in front of Wiang Sra Provincial Court as a witness brought forward by Wiang Sra Public Prosecutor, Mr.Akrom Pangjam.

During court proceedings, a suspect, Mr.Sunthorn, appeared at theWiang Sra Provincial Court. He was identified during the police investigation but not charged by Public Prosecutor Wiang Sra. The Community believes that Mr.Sunthorn is a broker in the murder of Mr. Chai Boonthonglek, and has been involved in and or is behind numerous acts of intimidation as well as murder of land rights activists in Surat Thani, including against members of the SPFT.

That this suspect has not been charged has led to increased fear. As a result, in June 2015, some of Mr. Boontonglek’s witnesses and their legal team filed a petition requesting witness protection. They subsequently received protection from the Chaiburi Police Station, SuratThani Province. Those provided protection include Mr.Supoj Kansong.

However, on 15 March 2016, the Wieng Sra Provincial Court acquitted the defendantin criminal case no. 1273/2558, related to Mr. Boontonglek’s assassination. This means no one has so far been held accountablefor Mr. Boonthonglek’s killing. The community believes that the perpetrators are still out there, i.e. another killing could take place.

As predicted, according to the latest information received, an unidentified gunman shot Mr. Supoj Kansong as he was driving back to the Village at around 3 p.m.on 8 April 2016. He was hit eight times, six times in the leg and two in the arm. He has been taken to Chaiburi Hospital where his condition is being assessed.

The Asian Human Rights Commissionhas sent out alerts warning the government that Mr. Supoj Kansong is one of the main land rights defenderswho remain under death threat. He is fifth community-based human rights defender in the past six years from the Khlong Sai Pattana Community that has been victim to a targeted shooting.

Until now, four human rights defenders of the Klong Sai Pattana Community and the Southern Peasants Federation of Thailand (SPFT) have been killed, including (1) Mr. Somporn Pattanaphum, shot dead on 11January 2010, (2) Mrs. Montha Chukaew, (3) Mrs. Pranee Boonrak, both shot dead on 19 November 2012, and (4) Mr. Chai Boonthonglek, gunned down by two men on 11 February 2015. Nevertheless, no charges were filed nor legal proceedings pursued against anyone involved in these murders.

SUGGESTED ACTION:

Please write a letter to the following government authorities to urge them to ensure justice and provide effective remedies to human rights defenders under threat. 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: Southern land rights activist subject to death threat
Name of victim: Mr. Supoj Kansong
Names of alleged perpetrators:Unidentified Gunman
Date of incident:8 April 2016
Place of incident: Khlong Sai Pattana Community, Chaiburi District, Surat Thani Province, Thailand

I am writing to voice my deep concern regarding the land rights defenders, Mr. Supoj Kansong, a land rights activist of the Khlong Sai Pattana Community, Chaiburi District, SuratThani Province, southern Thailand who faces the threat death due to his having served as a major witness to the assassination of Mr. Chai Boonthonglek, a member of the Southern Peasants’ Federation of Thailand (SPFT) who was killed in Khlong Sai Pattana Community on 11 February 2015.

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. Mr. Supoj Kansong testified in front of Wiang Sra Provincial Court as a witness brought forward by Wiang Sra Public Prosecutor, Mr. Akrom Pangjam.

During court proceedings,a suspect, Mr.Sunthorn, appeared at theWiang Sra Provincial Court. He was identified during the police investigation but not charged by Public Prosecutor Wiang Sra. The Community believes that Mr.Sunthorn is a broker in the murder of Mr. Chai Boonthonglek, and has been involved in and or is behind numerous acts of intimidation as well as murder of land rights activists in Surat Thani, including against members of the SPFT.

That this suspect has not been charged has led to increased fear. As a result, in June 2015, some of Mr. Boontonglek’s witnesses and their legal team filed a petition requesting witness protection. They subsequently received protection from the Chaiburi Police Station, Surat Thani Province. Those provided protection include Mr.Supoj Kansong.

However, I have learned that on 15 March 2016, the Wieng Sra Provincial Court acquitted the defendant in criminal case no. 1273/2558, related to Mr. Boontonglek’s assassination. This means no one has so far been held accountable for Mr. Boonthonglek’s killing. The community believes that the perpetrators are still out there, i.e. another killing could take place.

Predictably, an unidentified gunman shot Mr. SupojKansong, as he was driving back to the Village at around 3 p.m.on 8 April 2016. He was hit eight times, six times in the leg and two in the arm. He has been taken to Chaiburi Hospital where his condition is being assessed.

I now know that alerts warning the government that Mr. Supoj Kansong is one of the main land rights defenders who remains under death threat were sent out. He is the fifth community-based human rights defender in the past six years from the Khlong Sai Pattana Community that has been victim to a targeted shooting.

Until now, four human rights defenders of the Klong Sai Pattana Community and the Southern Peasants Federation of Thailand (SPFT) have been killed, including (1) Mr. Somporn Pattanaphum, shot dead on 11January 2010, (2) Mrs. Montha Chukaew, (3) Mrs. Pranee Boonrak, both shot dead on 19 November 2012, and (4) Mr. Chai Boonthonglek, gunned down by two men on 11 February 2015.Nevertheless, I know no charges were filed nor legal proceedings pursued against anyone involved in these murders.

In addition, I recognized that the shooting of Mr. Supot Kansong was therefore the fifth attempt made against a member of the Klong Sai Pattana community. He served as a major witness in the assassination of Mr. Chai Boonthonglek case, dismissed by the Court as aforementioned. Therefore, apart from intimidating the human rights defenders, the shooting was an attempt to interfere the justice process.

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 a review by the UN Committee on Economic, Social and Cultural Rights in early June 2016. I therefore reiterate the call to Thai authorities to address human rights violations, defend land rights of citizens, and protect 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 Chaiburi District Police Station, Surat Thani Province to undertake exhaustive and independent investigations into the attack against Mr. Supoj Kansong and to punish the perpetrators, as a fundamental means of preventing such attacks;

2. Call on the Surat Thani Governor to act immediately in coordination with the Police to protect Khlong Sai Pattana Community and apprehend the gunmen;

3. 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 grave realityof how of land rights defenders are being continually killed and their work de-legitimized 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.

I trust you will take prompt action in this matter.

Yours Sincerely,

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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
RachadamnoenNok Road
Bang KhunPhrom
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: help@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: help@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. Pol. Col. Paisit Wongmuang
Director 
Department of Special Investigation (DSI) 
128 Moo 3, Chaeng Wattana Road 
Laksi Bangkok 10210
THAILAND
Tel: +66 2831 9888 ext. 1135 
Fax: +66 2975 9801

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

7. Pol. Lt. Chawalit Thongma
Superintendant, Chaiburi District Police Station
Chai Buri District, 
Surat Thani 84350 
THAILAND
Tel: +66 7 736 7120

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-007-2016
Countries : Thailand,
Issues : Administration of justice, Human rights defenders, Impunity, Rule of law,