Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned by information we have received regarding further torture inflicted on victims by police in Ayutthaya province, Thailand. The AHRC released an urgent appeal last Friday, 12 November 2004 (UA-153-2004) regarding two cases of extremely serious torture and cruel and inhuman treatment by police in Thailand, including at two police stations in Ayutthaya province, just north of Bangkok.
Since then, the AHRC has heard that the relatives of four young men have come forward to also complain of torture and forced confessions by police at Phra Nakhon Si Ayutthaya Police Station. The details as available at present are as follows
Victims:
1. Anek Yangnuek, 24; Complainant: Yont Chamnongsab, 47, mother of victim, residing in Soi Thong subdistrict, Taklee district, Nakhon Sawan province
2. Metta Sipan, 24; Complainant: Rattanawalee Saipan, 28, brother of victim, residing at Soi Ramkhamhaeng, Hua Mak, Bang Kapi district, Bangkok
3. Adisak Boonklam, 24; Complainant: Lakkhanang Boonklam, 26, sister of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
4. Sujit Rachamontri, 22; Complainant: Somkuan Rachamontri, 51, mother of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
Alleged perpetrators: Police officers of the Phra Nakhon Si Ayutthaya Police Station
Date of incident: 9 September 2004
According to the four complainants mentioned above, their relatives (children or brothers) were all arrested on 9 September 2004 on charges of gang robbery. After they were arrested, they were allegedly beaten up in order to extract confessions. Somkuan Rachamontri has also alleged that the police electrocuted her son. The four men are still in custody.
Meanwhile, according to unconfirmed reports, at least ten cases of torture may have emerged from Ayutthaya province in recent days, after publicity over the case of Mr Ekkawat Srimanta, who was brutally tortured in two police stations, including having electric shocks applied to his penis and testicles (see UA-153-2004).
Regarding this case, Pol. Maj-Gen. Wanchai Tanadkit, the provincial chief of police, has reportedly stated that the victim “must be responsible for his own treatment but he can sue for compensation”. While domestic law allows for the payment of compensation through legal action, this should not be considered a substitute for payment of medical expenses. The AHRC strongly urges the police department to pay for the physical and psychological rehabilitation of the victims in all torture cases for which it is responsible.
Additionally, the AHRC is concerned for the physical safety of the persons now coming forward to allege police torture. Apart from the possibility of threats from the police themselves, at least 300 people, including family members, are reported to have protested against the transfer of the 23 officers in the case of Mr Ekkawat. Therefore, the authorities must take the necessary steps to secure the safety of the complainants in each of these cases.
SUGGESTED ACTION:
With growing numbers of reports of torture by the police in Thailand, we ask you to pressure the relevant authorities to act on these cases. Please write to the Minister of Justice calling on him to follow-up on the case mentioned above, and to take steps to see the UN Convention against Torture ratified by Thailand and introduced into the domestic law.
Sample letter:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr Pongthep
Re: Ayutthaya Police alleged to have extracted confessions by torture on September 9
Victims:
1. Anek Yangnuek, 24; Complainant: Yont Chamnongsab, 47, mother of victim, residing in Soi Thong subdistrict, Taklee district, Nakhon Sawan province
2. Metta Sipan, 24; Complainant: Rattanawalee Saipan, 28, brother of victim, residing at Soi Ramkhamhaeng, Hua Mak, Bang Kapi district, Bangkok
3. Adisak Boonklam, 24; Complainant: Lakkhanang Boonklam, 26, sister of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
4. Sujit Rachamontri, 22; Complainant: Somkuan Rachamontri, 51, mother of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
Alleged perpetrators: Police officers of the Phra Nakhon Si Ayutthaya Police Station
Date of incident: 9 September 2004
I write to express my deep concern regarding recent reports of torture by police in Thailand, with particular reference to the above-mentioned case from Ayutthaya province, and ask that you take a leading role in addressing this matter.
According to the information I have received, the four complainants mentioned above were all arrested on 9 September 2004 on charges of gang robbery. After they were arrested, they were allegedly beaten up in order to extract confessions. Ms Somkuan Rachamontri has also alleged that the police electrocuted her son. The four men are still in police custody.
Meanwhile, according to unconfirmed reports, at least ten cases of torture may have emerged from Ayutthaya province in recent days, after publicity over the case of Mr Ekkawat Srimanta.
Regarding that case, I understand that Pol. Maj-Gen. Wanchai Tanadkit, the provincial chief of police, has reportedly stated that the victim “must be responsible for his own treatment but he can sue for compensation”. While domestic law allows for the payment of compensation through legal action, this should not be considered a substitute for payment of medical expenses. I therefore strongly urge you to take steps to see that the police department to pay for the physical and psychological rehabilitation of the victims in all torture cases for which it is responsible.
Additionally, I am concerned for the physical safety of the persons now coming forward to allege police torture. I urge the authorities to take the necessary steps to secure the safety of the complainants in each of these cases.
A thorough and independent investigation by the Office of the Attorney General and the Department of Special Investigation must be conducted into each of these cases. It is neither appropriate nor satisfactory to have merely internal investigations into these matters. If it is found that police officers have indeed tortured victims, then full legal action must be taken against these officers.
Finally, I urge the government of Thailand to ratify the UN Convention against Torture and introduce it into domestic law. I am informed that you have spoken out strongly against police torture in recent days, and welcome this. As the Constitution of Thailand already prohibits torture, I see no reason as to why your government would not seek to ratify the Convention against Torture and bring it into domestic law. I trust that you will be doing your utmost to achieve this result.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
Mr. Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pak Kred, Nonthaburi 11120
THAILAND
Tel: +66 2 502 8223
Fax: +66 2 502 8224
PLEASE SEND COPIES TO:
1. Mr. Thaksin Shinawatra
Prime Minister
Government House,
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +662 282 8631
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th
2. Dr Bhokin Bhalakula
Minister of Interior
Ministry of Interior
Thanon Atsadang
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226-4371/ 222 8866
Email: webteam@moi.go.th
3. Pol. Gen. Kovit Watthana
Commissioner-General
Royal Thai Police
Rama I , Patumwan,
Bangkok 10330
THAILAND
Tel. +662 205-1313/ 205-220/ 205-1840-9
Fax: +662 251-5956/ 205 3738/ 255 1975-8
4. Professor Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
Email: commission@nhrc.or.th
5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
