Dear friends,
On 2 March 2010 the main hearing will begin in the case of Kiettisak Thitboonkrong, who was one of the 28 victims of the Kalasin Killings. It will take place at the Criminal Court in Bangkok and is the first case in which the DSI has charged police for the murders that characterised the notorious ‘war on drugs’ in Kalasin. The prosecutor has finally agreed to send the case to court, six years after the killings took place. Close observation would offer valuable support to the victims’ relatives and the case witnesses. The Asian Human Rights Commission (AHRC) urges all concerned persons to attend the court as observers, and calls on other interested persons to follow the case closely.
UPDATED INFORMATION:
In previous appeals and updates (see UAU-031-2009) we were able to recount the opening of the first court trial last October, regarding the case of Kiettisak Thitboonkrong, who was allegedly killed by Kalasin police officers.
Since then the parties in the case have presented themselves before the court for the opening of the trial, among them Mr. Chainarong Sengthong-a-ram, prosecutor in charge of the case; Mr. Kittisapt Thitboonkrong, father of Kiettisak; lawyers from the Lawyer Council of Thailand who are supporting Kiettisaks father; six defendants who are Pol. Snr. Sgt. Maj. Angkarn Kammoonna, Pol. Snr. Sgt. Maj. Sutthinant Noenthing, Pol. Snr. Sgt. Maj. Phansilp Uppanant, Pol. Lt. Col. Samphao Indee, Pol. Col. Montree Sriboonloue, Pol. Lt. Col. Sumitr Nanthasathit; and the lawyers of these defendants.
The court agreed to combine Black Case No. 3252/2552 and Black Case No. 3466/2552 into Black Case No. 3252/2552, 3466/2552. Kiettisaks father was also allowed to become a joint-litigant and his lawyers were accepted. All parties presented their lists of evidence to the court and to the opposing sides and the prosecutor showed files of the documents that he will use to give testimony to the court and to the defendants. The defendants accepted the prosecutor’s documents to allow them to be used in the presentation of testimony.
However the defendants lawyers requested that the court must hold the trial in the Kalasin Provincial Court by citing Criminal Procedure Code section 22 and noting that the killings took place in Kalasin, and that many of the witnesses live there. In response the prosecutor and the joint-litigant contended that even so, the case was investigated by the Department of Special Investigation (DSI), and that furthermore the security of the witnesses would be better ensured in Bangkok. The court listened to the parties and decided in favour of the prosecution; the original six defenders must give their testimony in the Criminal Court in Bangkok, though certain witnesses can testify in another provincial court, including Kalasin Provincial Court. All parties agreed and a date was set for the testimony to begin.
The prosecutor will start the main hearing on 2 March 2010 for 20 days, the joint-litigant for eight days and the six defendants who have to give testimony in Bangkok, for two days. When the defendants’ testimonies are complete the case will be transferred to other courts, including the Kalasin Provincial Court, after which it will be sent back to the Criminal Court in Bangkok for judgment. The AHRC hopes that you can attend.
Testimony dates:
Witnesses of prosecutor: 2-5 and 23-26 March 2010
4-7 and 18-21May 2010
6-9 July 2010
Witnesses of joint-litigant: 20-23 July 2010
7-10 September 2010
Witnesses of defendants: 21-22 September 2010
And another day after the new appointment date
The hearing will be conducted daily from 9.00am to 4.30pm.
Venue: Criminal Court, Rachadaphisek Road, Jatujak district, Bangkok, Thailand
ADDITIONAL COMMENTS:
The AHRC has learned that court observation plays an important role in any cases in which the authorities have been charged, both in terms of supporting the victim, relatives and witnesses, and for an understanding of how the rule of law is currently functioning in Thailand. This case shows the police not as protectors, but as perpetrators of violence in which various human rights are negated, especially the right to life. Please refer to our earlier reports and appeals for further information and action: UA-136-2007, UP-065-2007,UP-073-2007, UP-099-2007, UAU-019-2009 and UAU-031-2009.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
