UPDATE (Thailand): Investigation finds that man abducted and tortured but “not by the police” 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that provincial authorities have investigated allegations that Mr Urai Srineh was abducted and brutally tortured by the police on 24-25 May 2005 in connection with the murder of six migrant workers (UA-105-2005), and found that while the incident reportedly occurred, the police were not involved.

The AHRC is concerned that the reason for this conclusion is that the police coerced the victim into accepting money to go back on his earlier allegations, while he was in hospital recovering from his injuries. That this appears to have been the case speaks to the need for a much more effective witness protection programme in Thailand than exists at present.

Please write to the Minister of Justice to express your concerns over the lack of effective witness protection in Thailand, and to call for this case to be taken up by the Department of Special Investigation under his ministry.

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

As the AHRC reported previously, according to Mr Urai Srineh, he was allegedly abducted from his home by five men on 24 May 2005, taken into a room and brutally tortured for some hours. When he was taken back home on May 25, he allegedly saw that he had been tortured inside Chonburi Provincial Police Station (UA-107-2005).

The AHRC has since learnt that the provincial authorities investigated the case and found that while the incident had reportedly occurred, Mr Urai has insisted that the police were not the ones responsible. The AHRC is worried that the reason for this is that Mr Urai was coerced into accepting money while in hospital recovering from his injuries, in order to not implicate the police. It is understood that he has since left the province, and no further action is being taken with regards to the case.

Meanwhile, it has been reported to the AHRC that when two other suspects who were charged in connection with the case were brought to the court for the setting of trial dates they called out that they were also tortured and asked to see staff of the National Human Rights Commission of Thailand.

ADDITIONAL COMMENTS:

This is yet another case speaking to the persistent problems associated with the lack of independent investigation channels for cases where Thai police are implicated in gross human rights abuses, and also the lack of effective witness protection in Thailand. The AHRC and its sister organization the Asian Legal Resource Centre (ALRC) have commented frequently on these concerns, in particular by way of the ALRC report and supplementary report on Thailand to the UN Human Rights Committee in 2005. In its recommendations to Thailand in July, the Committee stressed that it

“Is concerned about the persistent allegations of excessive use of force by law enforcement officials [and]… about reports on the widespread use of torture and cruel, inhuman or degrading treatment of detainees by law enforcement officials… It is also concerned at the impunity flowing from the fact that only a few of the investigations into cases of ill-treatment have resulted in prosecution, and if any, in conviction, and that adequate compensation to victims has not been provided… The State party [Thailand] should ensure that all alleged cases of torture, ill-treatment, disproportionate use of force by police and death in custody are fully and promptly investigated, that those found responsible are brought to justice, and that compensation is provided to the victims or their families [CCPR/CO/84/THA, 28 July 2005, para. 15].

Regarding witness protection, while there is a newly-established Office of Witness Protection under the Ministry of Justice, it is very small and as yet incapable of carrying out its mandate with any real effect. While some persons have been offered “protection” in accordance with instructions from the ministry, the type of security offered has for some amounted to harassment rather than genuine protection. Other persons whose cases should have been taken up the by office have not obtained the assistance they need.

SUGGESTED ACTION:

Please write to the Minister of Justice to for it to be investigated by the Department of Special Investigation under his ministry, and for proper witness protection to be afforded the victim in order that he feel able to give a true account of what allegedly happened to him.

 

 

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