[Re: UA-143-2004: THAILAND: At least 84 people killed in Southern Thailand on 26 October 2004; UP-65-2004: THAILAND: A list of the victims of the mass killing in Narathiwat province; Immediate international intervention needed; UP-25-2005: THAILAND: Three generals found responsible for mass killing transferred without penalty; UP-094-2006: THAILAND: Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing]
THAILAND: Mass extrajudicial killing; denial of custodial rights; impunity; delays
———————————————————————
VIDEO OF ATTACK ON TAK BAI PROTESTORS ONLINE: http://thailand.ahrchk.net/takbai
———————————————————————
Dear friends,
The trial of 58 accused over a protest outside the Tak Bai District Police Station in Narathiwat in October 2004 that led to 85 deaths is going on again in September. The Asian Human Rights Commission (AHRC) is once more calling for observers and journalists to attend. At the last hearings in August prosecution witnesses yet again failed to appear in court. There are now serious questions about the constant delays and whether or not the accused will be able to get a fair trial. With almost 2000 witnesses scheduled to appear, it may take years for the case to be completed, putting a huge burden on the defendants and their families. Strong attention is needed on the court in Narathiwat to see that the trial is not completely derailed through the damaging tactics being used by the prosecution or its witnesses.?
On September 13, 14, 20 & 21 the Narathiwat Provincial Court is due to continue hearing the charges against 58 accused over the protest held in front of the Tak Bai District Police Station on 25 October 2004, which ended with 85 deaths, 78 in army custody.
The case against the accused is being used to divert attention from the fact that no army or police officials were ever held criminally responsible for the mass deaths and other events of that day. In fact, key perpetrators have been promoted: for instance, the police station commander, Sommai Puttakul, has been promoted from lieutenant-colonel to full colonel and transferred to a position of regional authority. These same persons responsible for mass deaths and the horrible mishandling of the entire incident in October 2004 are the witnesses for the prosecution in this case, and they are using their positions to sabotage the court process and needlessly delay the case, causing further hardships for the defendants, who are mostly poor villagers from surrounding areas.?
At the previous hearings in August, the provincial permanent secretary Niphon Narapitakul failed to appear for the second time. In June he sent a letter saying that he had to go to Bangkok for work (UP-126-2006). On August 16 he again sent a letter to the prosecutor just before the hearing, saying that he had to Chonburi for a seminar. Earlier, the first and second witnesses for the prosecution (an army commander and the police station chief) had also failed to appear in court when called (UP-094-2006). So far the court has not taken steps to discipline the prosecution over non-appearing witnesses.
Since the hearing of witnesses started in April, so far only three prosecution witnesses have been heard; 1935 witnesses are due to give testimony. The trial is scheduled to run until July 2007, but given that in its first four months only three persons have testified, there are serious concerns about how much longer it is likely to take.
Observers in the court, including those from the AHRC, have also noted that this appears to be another instance in Thailand where the public prosecutor’s office is taking a case to court without evidence, under pressure from police and other agencies. None of the three witnesses who have spoken so far have given any information to the court to demonstrate guilt of the accused, and have even been unable to identify them.
The AHRC has pointed out in a number of other recent cases how the prosecutor in Thailand is used to push charges in cases where there are not sufficient grounds to do so, but where the police or powerful persons have some other agenda, as in the criminal defamation trial of women’s rights defender Ticha Na Nakorn (UA-302-2006). In other cases, the poor work of the public prosecutor has undermined a case, as in the trial of five officers in connection with the police abduction and murder of human rights lawyer Somchai Neelaphaijit (www.ahrchk.net/somchai).
SUGGESTED ACTION:
For concerned persons in Thailand, please attend the Narathiwat Provincial Court as observers; persons in neighbouring Malaysia may also be interested to attend. The court is located in Tambon Khokkien, Amphur Muang, Narathiwat. The four dates of trial in September are 13, 14, 20 & 21; hearings begin at 9am. For a full list of defendants and charges please see our previous update: UP-094-2006.
Please write a letter to the Attorney General of Thailand to question the role of the public prosecutor in this case. Please send copies of the letters to the other persons listed below.
To support this appeal, please click:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: Prosecution has duty to ensure that witnesses appear on schedule in case against Arsami Arleeluvee (or Arsamee Arleekuvee) and others in Narathiwat Provincial Court (Black No. 96/2548)
I am writing this letter to express my extreme disappointment at the handling of the prosecution arising out of the protest held outside the Tak Bai District Police Station on 25 October 2004 in the case against Arsami Arleeluvee (or Arsamee Arleekuvee) and 57 others in Narathiwat Provincial Court, under Criminal Code sections 32, 33, 83, 91, 138, 139, 140(1), 215, 216, 358 and 360 as well as Martial Law sections 4, 8, 11 and 15.
I am aware that the trial is continuing this September 13, 14, 20 & 21. It is not scheduled to be completed until July 2007. But so far out of 1935 witnesses scheduled to depose before the court, only three have in fact testified. All of them have appeared only after causing delays to the schedule by not arriving at the court on the scheduled date. In August, Narathiwat Provincial Permanent Secretary Niphon Narapitakul for the second time sent a letter just beforehand stating that he could not attend due to work elsewhere: on this occasion due to a seminar being held in Chonburi.
What is more important? The lives and liberty of 58 persons who have been wrongly accused to distract attention from the killing of 85 others by the Royal Thai Army and Royal Thai Police, or a seminar in a far away province? How is it that the 58 accused, who are mostly from poor rural families, have been able to present themselves at court reliably and on time, together with lawyers, family members and supporters, but senior government officials are unable to show the same respect for the court and due process in Thailand?
I recall that the 1997 Constitution of Thailand assures all persons of "the right to a speedy, continuous and fair inquiry or trial" under section 241. What kind of speedy, continuous or fair trial is being granted these 58 persons?
It is the responsibility of the prosecution to ensure that its witnesses appear in court on schedule. The constant failure to do this, as well as the patent lack of evidence being presented by any of the three witnesses so far raises serious doubts about whether or not the case has been prepared properly or whether it is simply being used as a means to divert attention from the fact that it should be the prosecution witnesses themselves who are sitting before a court--on charges of murder, manslaughter and other gross offences in connection with the deaths and permanent physical disabilities caused on 25 October 2004.
In view of the above, I urge that steps be taken to review this case and withdraw the charges against the 58 accused, in order to end this contribution to the senseless harassment of the suffering population in the south of Thailand. I also urge that the necessary steps be taken to initiate prosecution cases against the members of the Royal Thai Army, Royal Thai Police and other personnel responsible for the deaths and other abuses in Narathiwat of October 2004, including the first and second prosecution witnesses in this case respectively: Lt. Gen. Pisarn Wattanawongkiri and Pol. Col. Sommai Puttakul.?
In this respect I wish to remind you of the recommendation of the UN Human Rights Committee to the Government of Thailand in 2005:
"The Committee is concerned at the persistent allegations of serious human rights violations, including widespread instances of extrajudicial killings and ill-treatment by the police and members of armed forces, illustrated by incidents such as the Tak Bai incident in October 2004, the Krue Se mosque incident on 28 April 2004 and the extraordinarily large number of killings during the war on drugs?which began in February 2003... creating a culture of impunity. The Committee further notes with concern that this situation reflects a lack of effective remedies available to victims of human rights violations, which is incompatible with article 2, paragraph 3, of the Covenant [on Civil and Political Rights] (arts. 2, 6, 7). The State party [Thailand] should conduct full and impartial investigations into these and such other events and should, depending on the findings of the investigations, institute proceedings against the perpetrators. The State party should also ensure that victims and their families, including the relatives of missing and disappeared persons, receive adequate redress..."(CCPR/CO/84/THA, 28 July 2005, para. 10)
I so far see no efforts to implement this recommendation. Until such a time as serious efforts are in fact taken, and the perpetrators of such heinous abuses prosecuted, sadly Thailand will remain under the shadow of impunity, and its human rights record remain a dark spot on an otherwise relatively good international reputation.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTER TO:
Mr Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th
PLEASE SEND COPIES TO:
1. Pol. Lt. Col. Dr. Thaksin Shinawatra
Caretaker 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. Chidchai Wanasatidya
Caretaker Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: chidchai@moj.go.th
3. Dr. Kantathi Suphamongkhon
Caretaker Minister of Foreign Affairs
Ministry of Foreign Affairs
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5320
Tel: +662 643 5333
Email: kantathi@thaigov.go.th or ommfa@mfa.go.th or permsec@mfa.go.th
4. 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
5. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
