[RE: UP-04-2005: THAILAND: Repeated torture at Phra Nakhon Si Ayutthaya Police Station; UA-170-2004: Anther case of torture to obtain confession at Ayutthaya Police Station, UP-75-2004: Demand immediate criminal action against police torturers, UP-71-2004: More serious allegations of police torture emerge in Thailand, UA-153-2004: Two cases of extremely serious torture and cruel and inhuman treatment by Thai police officers]
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Dear friend,
The Asian Human Rights Commission (AHRC) has received updated information regarding the four men tortured by the Phra Nakhon Si Ayutthaya police – the date of the first case hearing was changed from 2 May 2005 to 14 February 2005 at Pra Nakhon Sri Ayutthaya Provincial Court (Black No. 1621/2547, 1675/2547 and 38/2548).
Anake Yingnuek, Kampon Kongviset, Sukit Rachamontri and Pirom Kruesorn were arrested by the Phra Nakhon Si Ayutthaya police on 9-10 September 2004 on charges of robbery. The victims reported that they were severely tortured and threatened by the police to confess. However, no investigation has been conducted into the torture against them. (See further: UP-04-2005, UP-71-2004 and UA-170-2004)
As the case will be heard soon, we again call for your urgent action in this matter.
Section 31 of the Thai Constitution clearly states that “A torture, brutal act, or punishment by a cruel or inhumane means shall not be permitted…” Section 226 of the Thai Criminal Procedure Code (CPC) further indicates that “the court cannot accept” any material, documentary or oral evidence which is obtained through any inducement, promise, threat, deception or other unlawful means.
However, these laws have no practical implication in Thailand. For instance, in the case of Metta Sipan which the AHRC has issued earlier (UA-170-2004), the same provincial court passed judgment that the accused police officers were not guilty due to a lack of (medical) evidence, while convicting Metta with robbery, even though his defence lawyer insisted that Metta’s confession was extracted under torture and therefore it could not be used as evidence in a court of law. The AHRC is afraid that the court might pass the same decision in this case by choosing to ignore the torture inflicted upon the victims.
Please send a letter to the Minister of Justice and urge him to have the Department of Special Investigation conduct an independent investigation into this case so that the concerned police officers are brought to justice accordingly. You can find the sample letter and contact information of the Thai authorities in our previous urgent appeal on this case (UP-04-2005). Please be sure that the date of case hearing is changed from 2 May 2005 to 14 February 2005 when you use the sample letter.
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SAMPLE LETTER
