Dear friends,
The Asian Human Rights Commission (AHRC) has obtained information that a group of soldiers and forestry officials in northern Thailand raided a village on January 22 and forced their way into houses. The officers didn’t give their names or other details of what they were doing or why, and when challenged by the villagers they said that as Thailand is still under martial law they can do whatever they want. They removed timber and arrested one person before leaving. The whereabouts of the arrested person are so far unknown. When the villagers tried to lodge a complaint at the local police station the officers there also refused to accept the complaint on the same pretext.
CASE DETAILS:
At about 8am on 22 January 2007 a joint team of over 20 soldiers and forestry officials entered Pang Daeng village in four vehicles–two trucks, a pickup and an army vehicle–at the time of a traditional festival. They broke into nine houses without showing any search warrants or other authorisation. When the villagers asked them what they were doing and what they were looking for, they reportedly just told that, “Under martial law soldiers can do anything and search anyone’s house. We have the authority. If you’re not satisfied you can sue.” They then allegedly took 17 tonnes of timber and pulled down and removed parts of two houses. The villagers noted that they only took timber in good condition (with resale value). They also arrested one villager named “Jet”; at time of writing the AHRC has no details of his whereabouts. They left the village at about 9:30am.
After the incident, the villagers attempted to lodge a complaint at the local police station. However, the duty officer refused to record the complaint of the villager who went on their behalf and also said that, “In the present situation under the declaration of martial law can do whatever they like, search wherever they like and arrest whoever they like. It’s not illegal. You’re lucky you weren’t arrested.” They told the complainant to “go home and don’t come back”.
ADDITIONAL INFORMATION:
After the September 19 military coup, the whole of Thailand was placed under martial law. At the end of November the regime stated that martial law was being lifted in 41 of the country’s 76 provinces, including Bangkok. However, in fact it was not until January 26 that it the head of the regime announced that it had been officially listed. Nonetheless, Chiang Mai province, where this incident occurred, is among those provinces still under martial law.
Martial law gives army officials have enormous powers to stop demonstrations, close roads, censor news, search people and places at any time, arrest and detain people, and give orders to the bureaucracy and judiciary, as if the country was at war. Although the purpose is to enable military officials and other authorised persons to take necessary actions for state security, the effect, as can be seen in this case, is to allow them to do anything they like on the pretext of martial law provisions (see further UP-007-2007). In December the AHRC reported on the alleged torturing to death by soldiers of a man elsewhere in the north of Thailand, also under martial law: UA-410-2006.
The villagers in Pang Daeng, most of whom belong to ethnic minority groups who have not obtained citizenship in Thailand, have been subjected to harassment by state authorities for many years. In 2004 the village was plunged into severe economic hardship after 48 of its residents were arrested for alleged illegal forest encroachment (HA-002-2004). That case is now pending before the court and hearings are due to begin in March.
SUGGESTED ACTION:
Please write to the concerned authorities in Thailand to demand that this incident be investigated and the villagers entitled to lodge complaints. Please also call for the lifting of martial law across the country.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
THAILAND: Illegal raid on Pang Daeng village, Chiang Mai under pretext of Martial Law
Names of the victims:
1. Ms. Ratna Duangkham; lost 8 tonnes of timber & house partially demolished
2. Mr. Jarat & Mrs. Aaey Ja-U; lost 9 tonnes of timber
3. Mr. “Jet”; house partially demolished; arrested
Alleged perpetrators:
1. Royal Thai Army personnel, 3rd Army area
2. Forest Rangers personnel, Chiang Mai Unit 5
Place of the incident: Moo 9, Pang Daeng village, Chiang Dao Subdistrict, Chiang Dao District, Chiang Mai Province
Date of the incident: 22 January 2007, 8 – 9:30am
I am writing to express my concern over the alleged illegal raid on a village in Chiang Mai province by a combined force of Royal Thai Army and Forest Rangers personnel, and to call for a full investigation.
According to the information that I have received, at about 8am on 22 January 2007 a joint team of over 20 officials entered Pang Daeng village with four vehicles–two trucks, a pickup and an army vehicle with a mounted gun. They broke into nine houses without showing any search warrants or other authorisation. When the villagers asked them what they were doing and what they were looking for, they reportedly just told that, “Under martial law soldiers can do anything and search anyone’s house. We have the authority. If you’re not satisfied you can sue.” They then allegedly removed 17 tonnes of timber and pulled down and removed parts of two houses, as indicated above (photographs have been taken of the damaged houses). The villagers noted that they only took timber in good condition (with resale value). They also arrested one villager named “Jet”, whose whereabouts are so far unknown. The officers left the village at about 9:30am.
After the incident, Ms. Elao Phusu went on behalf of the villagers to lodge a complaint at the Phutor Police Station in Chiang Dao. However, the duty officer reportedly refused to record her complaint and said that under martial law the military can do whatever they like and it is not illegal. She was told to “go home and don’t come back”.
I am aware that although Martial Law has been lifted in some 41 provinces of Thailand, it remains in force across much of the country, including Chiang Mai province. This case vividly illustrates how martial law can be used by local army personnel, with or without the knowledge of their superiors, to act with impunity, and intimidate and extort from local people, rather than act for the purpose of national security. I therefore call for the government of Thailand to lift Martial Law across the whole country without delay.
I am also informed that the villagers in Pang Daeng, most of whom belong to ethnic minority indigenous groups who have not obtained citizenship in Thailand, have been subjected to harassment by state authorities on previous occasions. In particular, in 2004 the village was plunged into severe economic hardship after 48 of its residents were arrested for alleged illegal forest encroachment: for which they are currently awaiting hearings in the criminal court.
With regards to this specific case, I call for
1. A full investigation of the alleged incident by police and military authorities, with active inquiries by the Ministry of Justice and National Human Rights Commission of Thailand;
2. Clarification of the whereabouts and circumstances of the arrested person; and,
3. Payment of compensation for the victims of the alleged illegal seizure of timber and damage to their properties.
I am informed that in December in nearby Mae Hong Son province a man was tortured to death after being held in army custody for four days, while his friend was gravely injured. I am not aware of what action, if any, has been taken in that case. I am greatly concerned by the continued application of martial law and its consequences as shown in these cases and iterate my call for its immediate removal.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTERS TO:
1. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th or prommin@thaigov.go.th
2. General Sonthi Boonyaratglin
Chairman
Council for National Security
c/o Royal Thai Army HQ
Ratchadamnoen Nok Road
Bangkok 10200
THAILAND
Tel: +662 280 2432-5
Fax: +662 280 2436
3. Mr. Aree Wongaraya
Interim Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: ommoi@moi.go.th
4. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th
5. Mr Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th
6. Pol. Lt. Gen. Kittirat Ruangthip
Commissioner
Police Region 5
Mahidol Rd
T. Nonghoi, A. Muang
Chiang Mai 5000
THAILAND
Tel: +66 53 455-463/ 839 281
Fax: +66 53 277 684
7. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th or saneh@nhrc.or.th
8. Ms. Leila Zerrougui
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
9. Mr. Rodolfo Stavenhagen
Special Rapporteur on indigenous peoples
c/o Luis Rodriguez-Pinero
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: SPECIAL RAPPORTEUR INDIGENOUS PEOPLES)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
