Dear Friends,
The Asian Human Rights Commission (AHRC) has been in communication with the Burma Lawyers Council (BLC) in Mae Sot, Tak Province, Thailand about the failure of local police to investigate a recent murder of a migrant worker. Instead, the police have tried to force the family of the victim to accept money from the alleged perpetrator and close the case. They have also reportedly released the alleged murderer in exchange for 400,000 Thai baht (USD 10,000).
Please write to the Minister of Interior and other authorities in Thailand to complain about the handling of this case by the police, and in particular, the issues relating to the release of an alleged murderer, the detention of witnesses and the payment of money.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION
Victim: Min Min, 20, a migrant worker
Alleged perpetrator: Par Saw Tee, son of Mai Kyaw Kee village head, Tak Province
Date of incident: 8 December 2005
Place of Incident: Hoi Pai, Mai Kyaw Kee village, Tak Province
According to information gathered by the BLC Legal Aid Section, which has been acting for the victim’s family, at around 9pm on 8 December 2005 Min Min was detained by the son of the Mai Kyaw Kee village chief due to a dispute over the killing of a dog. According to eyewitnesses, Par Saw Tee, the son of the chief, then beat Min Min and shot him dead. After that his body was burnt.
On December 9, Par Saw Tee reportedly went to Min Min’s father, U Saw Lu, and offered him 25,000 Thai baht (USD 625) as compensation. Later he reduced the amount to 20,000, but said he would give 2000 more out of sympathy. (To offer the money he reportedly cut the salaries of two men working for him who were friends of the victim.) He warned the father not to discuss about the murder with anyone.
On December 16 an eyewitness to the killing sought legal assistance from the BLC, which investigated the case and brought many witnesses to a safe house.
On December 17 the BLC brought a group of witnesses to the Mae Sot District Police Station, and lodged a formal complaint.
On December 19 the BLC lodged all details of the case, along with the full testimonies of four eyewitnesses, with the Mae Sot police. The police arrested Par Saw Tee the following day. However, he denied committing murder and his family reportedly paid 400,000 Thai baht to have him released: this is despite the fact that no formal charges are known to have been lodged in the case, as it has not been taken before the court, and therefore it could not be a payment of bail.
Meanwhile, the police have kept four key witnesses into custody, including the father of the victim, on the ground that they are giving ‘protection’. For their security, these persons must stay in the police cells while the alleged murderer is roaming around freely.
Since then the police have been involved in efforts to negotiate for a settlement in the case rather than prosecute it fully as required by law. On a number of dates, including December 26, January 4, and most recently January 23, parties to the case have met at the police station to discuss compensation, while the investigation has not proceeded.
The BLC states that in total there were some 25 persons who could give evidence in support of the prosecution case and that the evidence was sufficient. Most other persons–including the victim’s mother and siblings–have either gone back to Burma or have returned to their work as before.
Despite persistent efforts by the BLC, the police have not yet lodged with the public prosecutor and in the court, and so formal charges have not been laid against the accused. The police have reportedly said that the matter of compensation must first be settled. In practical terms, this means that once some money is paid the police will attempt to close the case. In this respect, see the Additional Comments to the recent appeal on the attempted rape of a migrant worker in Mae Sot by a police officer (UA-192-2005).
SUGGESTED ACTION:
Please write to the director of the Minister of Interior to complain about the handling of this case by the police. In particular, please raise the issue of the release of the accused in exchange for money and detention of the four eyewitnesses, ostensibly for their own protection. Please send copies or modified letters to the Minister of Justice, the head of the Department of Rights and Liberties Protection, which incorporates the Office of Witness Protection and the National Counter Corruption Commission.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ACM Kongsak
Re: THAILAND: Improper investigation of a murder case and possible corruption by officers of the Mae Sot District Police Station, Tak Province
I am writing to call for you to order prompt inquiries into the apparent improper investigation of a December 2005 murder case by officers of the Mae Sot District Police Station, in Tak Province, Thailand, and possible corruption by police there.
According to the information given to me, at around 9pm on 8 December 2005 a migrant worker named Min Min was allegedly detained by the son of the Mai Kyaw Kee village chief, Par Saw Tee, who then beat Min Min and shot him dead because of a personal dispute. On December 17 the case was brought to the attention of the Mae Sot District Police Station, and on December 20 the police arrested the accused murderer. However, his family reportedly then paid 400,000 Thai baht to have him released. As no formal charges are known to have been lodged, and as the case has not been taken before the court this could not be a payment of bail as stipulated under section 109 of the Criminal Procedure Code of Thailand.
For what purpose the police took the money, it is not known; however, they released the suspect in the case and have since reportedly kept four key witnesses in custody, including the father of the victim, on the ground that they are giving 'protection'.
Meanwhile, the police are said to have concentrated their efforts on getting a paid settlement to the case rather than investigating and submitting their findings to the public prosecutor. I am aware that on December 26, January 4, and most recently January 23, among other days, parties to the case have met at the police station to discuss compensation, while the investigation has not proceeded. I am also told that in total there were some 25 persons who could give evidence in support of the prosecution case and that the evidence was sufficient. Most other persons--including the victim's mother and siblings--have either gone back to Myanmar or have returned to their work as before.
I understand that to date formal charges have not been laid against the accused and would question that the reason is due to the payment of money by the family. In this respect I note that section 150 of the Penal Code of Thailand makes it an offence for state officers to fail to perform their duties in exchange for a benefit, with a maximum life sentence. I also note that the current Government of Thailand has placed tackling corruption as a priority and therefore urge you to take strong and immediate steps to investigate this case and where the concerned officers are found to have committed an offence, prosecute them without delay.
Furthermore, I am extremely concerned for the wellbeing of the witnesses in this case. I note that the Witness Protection Act BE 2546 (2003) requires that the consent of the witnesses be given before they are given security, and that if consent is withdrawn the protection also must be removed. However, in this case there is no evidence that the witnesses have agreed to being held in detention, and under any circumstances, keeping them in a lock-up is completely inappropriate and far from what is envisaged by the Act.
Finally, I point to the recommendation contained in the UN Human Rights Committee's recent observations on Thailand, that, "The State party [Thailand] must take measures to effectively implement the existing legislation providing for the rights of migrant workers..." [CCPR/CO/84/THA, 28 July 2005, para. 23]. As the treatment of the victim and his family in this case appears to stem at least in part from his status as a migrant worker I urge you to ensure that the appropriate steps be taken to remedy this situation in accordance with the law and the stipulation of the UN Human Rights Committee.
Sincerely yours,
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PLEASE SEND LETTERS TO:
ACM Kongsak Wantana
Minister of Interior
Office of the Ministry of Interior
Thanon Atsadang
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226-4371/ 222 8866
Email: webteam@moi.go.th
PLEASE SEND COPIES TO:
1. Pol. Lt. Col. Dr. Thaksin Shinawatra
Prime Minister
Government House
Pitsanulok Road
Dusit, Bangkok 10300
THAILAND
Fax: +66 2 282 8631 or 66 2 629 8213
E-mail: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th
2. Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: chidchai@moj.go.th
3. Mr Charnchao Chaiyanukij
Director-General
Office of Witness Protection
Department of Rights and Liberties Protection
Ministry of Justice Building,
15th Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 8032
Fax: +662 502 8195 / 8086
4. Pol. Gen. Vudhichai Sriratanavudhi
President
National Counter Corruption Commission
165/1 Phitsanulok Road
Dusit, Bangkok 10300
THAILAND
Tel: +662 282 3161-5
Fax: +662 281 1145/ 280 7280
5. Prof. Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th
6. Mr. J.A. Bustamante
Special Rapporteur on the Human Rights of Migrants
OHCHR-UNOG
8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org (ATTN: SPECIAL RAPPORTEUR HR MIGRANTS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
