THAILAND: Pattani Provincial Court inquires into unjust detention by state officials under the Emergency Decree 

Dear friends,

We wish to share with you the following statement from the Muslim Attorney Center.

Asian Human Rights Commission
Hong Kong

A Statement from the Muslim Attorney Center forwarded by the Asian Human Rights Commission

On 16 September 2011, at 5am, police and army officers searched the house of Mr. Ni-seh Ni-ha, who is the older brother of Mr. Ni-seng Ni-ha, the petitioner, and who resides at 32/5 Moo 3 Thalu-bo sub-district, Pattani province. The officials did not present a warrant of any kind. They took Mr. Ni-seh Ni-ha into custody and took him to an army camp in the area of the Pattani electrical plant, on Pattani-Yala Road in Pattani province. Then, at approximately 9am, the army officials took Mr. Ni-seh Ni-heh to be detained at Inkayuthboriharn Camp in Nong Chik district in Pattani province. They interrogated him without notifying him under which law he was being detained and interrogated. During the interrogation, the officials asked him for personal details but did not ask any questions about violent incidents.

On 22 September 2011, officials at the Center to Promote Reconciliation at Inkayuthboriharn Camp told Mr. Ni-seh Ni-ha that police officers at Ka-pho police station in Ka-pho sub-district, Pattani province, filed a request for a warrant of detention under the Emergency Decree on Government Administration in States of Emergency (2005). They did not tell him the reason for the detention order, which is required. On 25 September 2011, officials at the Center to Promote Reconciliation made an interrogation report and made Mr. Ni-seh Ni-ha sign his name. In this document, Mr. Ni-seh made a denial and said that he had no part in the unrest. Then, on 26 September, the officials filed a petition to extend the period of detention. At this time, Mr. Ni-seh was also moved to a different place of detention, the Peace Protection Center of the Southern Police Operations Center in Yala province. These actions were illegal.

The actions noted above are not in line with the intention of the Emergency Decree on Government Administration in States of Emergency (2005). In particular, they are in contradiction with Article 11 (1) regarding the regulations for the administration of internal security in the fourth region, as well as the procedures for state officials to follow in Article 11 (2), line 2, of the third revision of the Emergency Decree. The actions are also in contraction with the advice of the Supreme Court with respect to considerations of arrest and detention under Article 6 of the Emergency Decree on Government Administration in States of Emergency (2005). Therefore, the detention of Mr. Ni-seh Ni-ha was not in the interest of necessity of preventing unrest by those who would create it, or in the interest of reducing the violence in the region for which the Emergency Decree is in force. Further, the arrest and detention was a violation of his basic rights, and has significant repercussions for the rights and liberties of the people.

On 30 September 2011, lawyers from the Muslim Attorney Center and the petitioner filed a petition at the Pattani provincial court to inquire into the extension of the period of detention. The petition called for the inquiry to include the state officials who called for the extension of the period of detention as well as the detained person himself, and to allow for the petitioner’s lawyer to question involved parties and bring evidence to the inquiry as well. Finally, the petition also requested that Mr. Ni-seh Ni-hah be released, in the interest of justice.

After the petition was filed, the court issued an order for an inquiry meeting with the petitioner, state officials, and Mr. Ni-seh Ni-ha. This will be held on 5 October 2011 at 9.30am.

For further information, please contact [in Thai]:
Abdullah Haji Abu (lawyer): 08-9075-6987
Sukiman Benchadecha (lawyer): 08-6037-4318

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


Document Type : Forwarded Statement
Document ID : AHRC-FST-051-2011
Countries : Thailand,