THAILAND: A prominent environmentalist Charoen Wat-aksorn murdered and an independent investigation required 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-76-2004
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the murder of Charoen Wat-aksorn (37) in Prachuap Khiri Khan provincial town on 21 June 2004. The two perpetrators have not yet been arrested. Charoen led a high-profile protest against the Bo Nok coal-fired power plant project in Prachuap Khiri Khan for a decade. On the day he was killed, Charoen had been to Bangkok to ask the House Committee on Corruption Investigation to investigate the alleged attempts by influential locals to grab public land. Charoen’s family and human rights groups believe influential figures are behind his murder. Local police are currently conducting an investigation in this case.

The victim’s wife and human rights groups are strongly calling for the Thai government to have the Justice Ministery’s Special Investigation Department (SID) handle Charoen’s case, as local police may be influenced by the wealthy powerful residents. However, Prime Minister Thaksin Shinawatra refused the request, merely instructing the Bangkok police to assist the local town police.

During the last three years under the Thaksin administration, 16 environmentalists and human rights defenders were killed or went missing. Prior to Charoen was the disappearance of human-rights lawyer Somchai Neelapaijit, who was last seen on March 12 with his whereabouts still unknown.

We call for your urgent intervention into this matter. Please send a letter to the government of Thailand and urge them to ensure transparency in the investigation by requiring an independent investigation agency (SID) to handle this case. Please also demand that the perpetrators and the masterminds of the murder be brought to justice without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

On the night of 21 June 2004, Charoen Wat-aksorn (37), a prominent environmentalist in Prachuap Khiri Khan provincial town, was shot dead by two gunmen on a motorcycle near his home after stepping off a bus returning from Bangkok. The gunmen remain at large. The autopsy found he was shot by seven bullets, three of which penetrated through his head and face.

Charoen led a high-profile protest against the Bo Nok coal-fired power plant project in Prachuap Khiri Khan for a decade. On the day he was killed, Charoen had been to Bangkok to ask the House Committee on Corruption Investigation to investigate in the allegation that the local officials illegally issued land title deeds on a public land plot in Prachuap Khiri Khan. Charoen’s family and human rights groups believe influential figures are behind his murder.

A 900-rai plot of public land in Moo Jed Village of Tambon Bo Nok in the town of Prachuap Khiri Khan is under management of the local tambon administrative organisation (TAO). Initially, Gulf Electric planned to build a coal-fired power plant on the plot and leased the plot from the Bo Nok TAO. Once villagers came to know this fact, they came out to oppose it and ran for posts in the TAO in elections and won. The new TAO refused to renew the leasing contract with the firm, effectively preventing it from building the plant. However, according to the villagers, during the past few months, some wealthy people had bribed local officials to issue land deeds covering 53 rai of land on the plot. Charoen was taking action against this and filed complaints with the interior minister, the National Counter Corruption Commission and various House and Senate committees.

Charoen’s wife and human rights groups demanded Charoen’s case be handled by the Justice Ministry’s Special Investigation Department (SID), not by local police. “We want the department to lead the investigation because we want transparency in the probe. Local police could be influenced by local influential people.” Suwit Wadnu, a Campaign for Popular Democracy adviser, said.

On June 22, about 300 Bo Nok villagers rallied from the province to Bangkok together with the coffin of Charoen to protest against his murder and to call for justice. Korn-uma said the body would be kept for 100 days, which is time for the government to arrest those who killed her husband. She added that if it failed to arrest the murderers, she would carry her husband’s body for cremation in front of the government House. “His death would not be wasteful. The only thing I want is justice for my husband who was shot dead dreadfully,” she said.

However, on June 23 Thai Prime Minister Thaksin Shinawatra refused the request of Charoen’s wife and human rights groups to have SID take over a probe into his murder, which is currently being conduct by local police. Instead, he merely instructed the Bangkok police to assist the local police in the investigation, adding that he would also personally monitor police probes into the killing. “I don’t think there’s a need to send in Special Investigation Department officials. The task now is to investigate and make an arrest,” he said.

According to the information received, today (June 24) 17 human rights and development NGOs will submit a letter to Prime Minister Thaksin, urging the Prime Minister as the chairman of the executive committee of the Special Investigation Department (SID) to handle the case. The NGOs said they will also urge the Thai government to arrest the gunmen and masterminds of Charoen’s murder and to establish an independent mechanism to protect human rights defenders.

During the last three years under the Thaksin administration, 16 environmentalists and human-rights defenders were killed or went missing. Prior to Charoen was the disappearance of human-rights lawyer Somchai Neelapaijit, who was last seen on March 12 with his whereabouts still unknown. (Refer to our previous appeals: FA-06-2004UP-14-2004 and UA-26-2004). In addition, 3,000 people were killed during the Thai government’s war on drugs in 2003, and about 200 people were killed in the deep South earlier this year.

SUGGESTED ACTION:
Please send a letter, fax or an email to Thai Prime Minister Thaksin Shinawatra and demand that the SID handle this case and speed up the investigation. Please also request him to provide protection to Charoen’s family and bring the perpetrators and the masterminds of the murder to justice without delay.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Mr. Thaksin Shinawatra 
Prime Minister 
Government house, 
Pitsanulok Road, Dusit District, 
Bangkok 10300 
THAILAND

Dear Prime Minister Thaksin Shinawatra, 

Re: THAILAND: A prominent environmentalist Charoen Wat-aksorn murdered and an independent investigation required

I am writing to request that you ensure a transparent investigation in the murder of Charoen Wat-aksorn, a prominent environmentalist in Prachuap Khiri Khan, who was shot dead near his home on 21 June 2004. The two perpetrators have not yet been arrested. 

It seems obvious that Charoen was killed because he obstructed local influential figures who tried to issue land title deeds over public land. Charoen led a high-profile protest against the Bo Nok coal-fired power plant project in Prachuap Khiri Khan for a decade. In fact, on the day he was killed, Charoen had been to Bangkok to ask the House Committee on Corruption Investigation to investigate in the alleged attempts by influential locals to grab public land. 

Based on this understanding, Charoen's family and several human rights groups call for the Thai government to have the Justice Ministery's Special Investigation Department (SID) to handle Charoen's case as they think that local police can be influenced by local influential people. However, I have received the very disappointing news that you denied this request of ensuring justice and transparency, and merely instructed the Bangkok police to assist the local police who are currently conducting the investigation. 

The current situation is a great challenge to human rights defenders in Thailand because defending human rights defenders is the only way to ensure the protect and promote human rights. If the Thai government fails to deliver justice in this case, I am afraid that fewer people will dare to work against injustice for fear that they will be killed and ordinary people will suffer even more. 

Therefore, I strongly urge you to ensure transparency in the investigation by ordering the SID to handle this case instead of local or provincial police. I also urge the Thai government to speed up the investigation and bring the two perpetrators and masterminds to justice without delay. I further request you to provide protection to Charoen's family and his fellow activists in Prachuap Khiri Khan. Lastly, I urge the Thai government to take all possible efforts to establish an effective mechanism to protect human rights defenders.

Sincerely yours,



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Send a letter to:

Mr. Thaksin Shinawatra 
Prime Minister 
Government house, 
Pitsanulok Road, Dusit District, 
Bangkok 10300 
THAILAND 
Fax: +66 2 282 8631 or 02-629-8213
Email: thaksin@thaigov.go.thgovspkman@mozart.inet.co.th 

Send a copy to:

1. Mr Pongthep Thepkanjana 
Minister of Justice 
Office of the Ministry of Justice 
Ministry of Justice Building 22nd Floor 
Jangwatana Road, Parkket 
Nonthaburi 11120 
THAILAND 
Tel: +662 502 6775
Fax: +662 502 6734

2. Charnchao Chaiyanukij
Chief of the Rights and Liberties Protection Department (RLPD)
Tel: +662 502 8186 
Fax +662 502 8195

3. Prof. Saneh Chamarik
Chairperson 
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +662 219 2940
Email: commission@nhrc.or.th 

4. Acting Regional Representative for Asia Pacific
Officer of the High Commissioner for Human Rights
United Nations Building
Rajdamnern Avenue, Bangkok 10120
THAILAND
Tel. 662-288-1235
Fax. 662-288-3009
email: ohchr.bangkok@un.org

5. Ms. Hina Jilani
UN Sepcial Representative on Human Rights Defenders
C/o OHCHR-UNOG 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

6. Ms. Asma Jahangir
Special Rapporteur on extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND 
Tel: 92 42 5763 234 
Fax: 41 22 917 9006 / 92 42 5763 236 
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-76-2004
Countries : Thailand,
Issues : Human rights defenders,