[RE: UA-153-2004: THAILAND: Two cases of extremely serious torture and cruel and inhuman treatment by Thai police officers; UP-71-2004: THAILAND: More serious allegations of police torture emerge in Thailand; UP-75-2004: THAILAND: Demand immediate criminal action against police torturers; UP-78-2004: THAILAND: Torture cases transferred to special investigators, but police still free]
—————————————————————————–
UP-157-2005: THAILAND: Alleged tortured victim withdraws his complaint against the police
THAILAND: Torture; cruel and inhuman treatment; forced confession; impunity; illegal detention; denial of due process rights
—————————————————————————–
Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that an alleged victim of physical assault and attempted murder by Thai police has now withdrawn his complaint. Mr. Ekkawat Srimanta sought legal assistance from the Law Society to bring charges of physical assault and attempted murder against 26 police officers from the Ayutthaya province. During this alleged crime, Mr. Ekkawat is said to have had electric shocks applied to his penis.
However, it has now been learned that prior to the hearing of his case on 11 November 2005, Mr. Ekkawat withdrew his lawsuit, giving no explanation as to why. The Law Society was not informed of Mr. Ekkawats decision, and only came to know of it when Mr. Ekkawat failed to appear in court. The Law Society has subsequently suspended its legal assistance to Mr. Ekkawat, whose whereabouts are currently unknown.
The AHRC is concerned that the reason for this conclusion is that the police coerced the victim into accepting money to withdraw his case prior to him giving evidence in court, in the same manner as torture victim Mr Urai Srineh (UP-137-2005). With the prospects of being able to lay criminal charges next to none, the prospects of obtaining compensation slim and a long way off, and the prospects of getting adequate and immediate protection also dim and little known, the average victim of torture in Thailand has few choices. Inevitably, the withdrawal of cases under coercion and offers of money is a common occurrence.
Evident from this case is that there is no adequate means by which persons can make complaints of torture and other gross abuses by the police and have them investigated and the perpetrators prosecuted. The government, therefore, must take all necessary steps to remedy this serious institutional gap. One such step, and undoubtedly the most important, would be to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without delay.
Please write to the Minister of Justice (MoJ) to express your concerns over the lack of effective witness protection in Thailand, which is denying victims justice and allowing for impunity within the police force. Please also urge the MoJ to call for this case to be taken up by the Department of Special Investigation (DSI) under his ministry. Irrespective of Mr. Ekkawat withdrawing his case, the DSI and the National Human Rights Commission should continue in their investigations. These investigations should include inquiries as to why Mr. Ekkawat withdrew his case.
Urgent Appeals Programme
Asian Human Rights Commission
———————————————————————————
SUGGESTED ACTION:
Please write to the Minister of Justice calling for this case to be investigated by the Department of Special Investigation under his ministry, and for proper witness protection to be afforded to the victim in order that he feel able to give a true account of what allegedly happened to him.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Pol. Gen. Chidchai
THAILAND: Alleged tortured victim withdraws his complaint against the police
I am concerned by the recent action taken by alleged torture victim Mr. Ekkawat Srimanta to withdraw his lawsuit against 26 police officers from Ayutthaya province, who reportedly applied electric shocks to his penis.
Despite having initially sought legal assistance from the Law Society in bringing his perpetrators to justice, Mr. Ekkawat has now withdrawn his case stating that the lawsuit was based on a misunderstanding. The Law Society themselves only came to know of Mr. Ekkawats decision when he failed to appear in court for a November 11 hearing.
I am worried that the reason for this is that Mr. Ekkawat was coerced into taking money to contradict his earlier story about what had happened to him. The horrific injuries Mr. Ekkawat sustained during his torture, which were publicly documented in Thailand, make any possible misunderstanding doubtful. I am also aware that there have been other cases in Thailand, such as the one involving alleged torture victim Mr Urai Srineh, where police coercion was also assumed to have been used.
In view of the seriousness of this case and the confusion surrounding the circumstances of Mr. Ekkawats withdrawal of the suit, I urge you to see to it that the Department of Special Investigation is assigned to investigate, if it has not done so already. I also urge you to ensure that Mr. Ekkawats whereabouts are located and that adequate witness protection is given to him in order that he is able to tell the truth about what happened to him without fear of repercussions.
In that regard, I would also request that you move to develop the Office of Witness Protection in Thailand so that it be able to play a greater role in providing security for witnesses and victims of gross violations of human rights in Thailand.
Evident from this case is that there is no adequate means by which persons can make complaints of torture and other gross abuses by the police and have them investigated and the perpetrators prosecuted. The government, therefore, must take all necessary steps to remedy this serious institutional gap. One such step, and undoubtedly the most important, would be to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without delay.
Finally, I would also call upon the National Human Rights Commission to ensure that it continue to investigate this matter, irrespective of the case being dropped, including establishing as to why Mr. Ekkawat withdrew his case.
I trust that you will take immediate action in this matter.
Yours sincerely,
-------------------------------
PLEASE SEND YOUR LETTER TO:
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: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th or chidchai@moj.go.th
PLEASE SEND COPIES TO:
1. Pol. Lt. Col. Dr Thaksin Shinawatra
Prime Minister
Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: thaksin@thaigov.go.th or govspkman@mozart.inet.co.th
2. Pol. Gen. Sombat Amonwiwat
Director-General
Department of Special Investigation
Ministry of Justice Building
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Fax: +66 2 913 7777
Email: dir.gen@sid.go.th
3. Prof. Saneh Chamarik
Chairperson
The 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
4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
