UPDATE (Thailand): Department of Special Investigation fails to bring justice to Charoen Wat-aksorn case 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-77-2005
ISSUES:

[Re: UA-76-2004: THAILAND: A prominent environmentalist Charoen Wat-aksorn murdered and an independent investigation required; UP-40-2004: THAILAND: Arrest warrant issued against a local politician for the murder of Charoen Wat-aksorn]

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the Department of Special Investigation (DSI) in Thailand has yet to bring justice to the case of environmental activist Charoen Wat-aksorn, who was murdered on 21 June 2004.

Charoen led a high-profile protest against the Bo Nok coal-fired power plant project in Prachuap Khiri Khan for a decade. On the day he was killed, Charoen had been to Bangkok to ask the House Committee on Corruption Investigation to investigate the alleged attempts by influential locals to grab public land. Charoen’s family and human rights groups believed then and now that influential figures are behind his murder.

A year later, the DSI, which is under the Ministry of Justice, has yet to bring justice to the perpetrators of this crime. Despite this, it is reportedly intending to conclude its investigations believing that the murder may have been the result of a personal conflict. Yet the wife of Charoen, Korn-uma Pongnoi, insists that this is incorrect and strongly believes that he was killed because of his campaign against the encroachment of land. Such a belief is further fueled by the murders of many prominent environmentalists and human rights defenders in Thailand in recent years (for further details please refer to the article written by Tyrell Haberkorn in the Asian Legal Resource Centre’s Volume 4, No. 2 April 2005 edition of article 2http://www.article2.org/mainfile.php/0402/188/).

Korn-uma is frustrated that only two persons are facing charges, despite evidence to suggest that many more people were involved. “There is much evidence that the DSI has excluded from its investigation,” Korn-uma told the media recently. She questions why all the leads that would have implicated the alleged masterminds, influential people in Prachuap Khiri Khan, had been dropped. Though three suspected masterminds had been apprehended, they were quickly released after denying involvement. Such conduct by the DSI was inappropriate and perhaps the direct cause of why justice has not come to this case.

The Justice Minister, Mr Suwat Liptapanlop and DSI director-general Mr Sombat Amornwiwat met with Korn-uma and addressed a group of people who protested in front of government offices on June 21 regarding this case. Suwat said he would reassign the DSI to investigate Charoen’s case and he will release any new findings if and when they become available. However, his comments were met with much skepticism given the inefficiency of the DSI thus far.

Such inefficiency has been evident in the handling of the disappearance of human rights lawyer Somchai Nilapaichit. Somchai’s family members have complained that the DSI has failed to conduct its investigations properly, and as a result, the perpetrators remain at large.

In light of this, we ask that you write to the Minister of Justice voicing your concern at the lack of progress in Charoen’s case.

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To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Mr Suwat,

THAILAND: Department of Special Investigation must do more to bring justice to the murder of Charoen Wat-asksorn

I write to voice my concern at the Department of Special Investigation’s (DSI) failure to bring justice to the case of environmental activist Charoen Wat-aksorn who, as you are aware, was murdered on 21 June 2004.

Despite a year having passed to fully investigate and thoroughly examine this case, the DSI has yet to bring the perpetrators of this crime before a court of law. Yet I believe the DSI is reportedly intending to conclude its investigations believing that the murder may have been the result of a personal conflict. The wife of Charoen, Korn-uma Pongnoi, however, insists that this is incorrect and strongly believes that he was killed because of his campaign against the encroachment of land. Given the numerous murders of prominent environmentalists and human rights defenders in Thailand in recent years, such a belief holds considerable merit.

I am aware that only two persons are facing charges, despite evidence to suggest that many more people were involved. I am also aware that three suspected masterminds who had been apprehended were immediately released after denying involvement. I question why the DSI was so quick to release these people and not to pursue credible leads that may have led to their arrest. If the DSI had have done this, perhaps we would have witnessed justice in this case by now. Instead, not one person has been punished for this heinous crime and murders against those defending the national interests of Thailand continue unabated.

As the Minister for Justice I call on you to remedy this situation. The DSI must reopen its investigation into Charoen’s murder, which should include the re-interviewing of all persons suspected of involvement. If evidence is found against persons and their possible link to this death, then they must be brought before a court of law to face questioning on this. If found guilty, adequate sentencing must be served and compensation must be provided by the perpetrators to the victim’s family. At the conclusion of this, the DSI should also fully assess its own investigative procedure in this case, so as to ensure that its inefficiency and incompetence is not repeated in future cases.

I look to your intervention in this matter.

Yours sincerely,

_______________


PLEASE SEND LETTERS TO:

Mr Suwat Liptapanlop
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 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884

PLEASE SEND COPIES TO:

1. Dr Thaksin Shinawatra
Prime Minister
Government House,
Pissanulok Road, Dusit District,
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.thgovspkman@mozart.inet.co.th

2. Pol. Gen. Chidchai Wanasatidya
Minister of Interior
Office of the 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. Kowit Wattana
Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
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. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Atten: Lydie Ventre 
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: urgent-action@ohchr.org

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders 
Att: Ben Majekodunmi
Room 1-040
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
Email: bmajekodunmi@ohchr.org


Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-77-2005
Countries : Thailand,