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THAILAND: Alleged torture of teacher after raid on school by Border Police in Southern Thailand

February 12, 2008

Thai

ASIAN HUMAN RIGHTS COMMISSION -- URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-026-2008

12 February 2008
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THAILAND: Alleged torture of teacher after raid on school by Border Police in Southern Thailand

ISSUES: Arbitrary arrest and detention; torture; impunity; emergency decree
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END EMERGENCY DECREE IN SOUTHERN THAILAND
http://thailand.ahrchk.net/edecree 

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Dear friends,

The Asian Human Rights Commission (AHRC) has received an open letter by Nasrudin Kaji, the school administrator of Rung Roj Wittaya School posted on Prachatai regarding the raid on the Rung Roj Wittaya school by police and military forces on 5 February 2008 that led to the arrest and detention of two teachers, one of whom was tortured by the authorities.

CASE DETAILS:

Rung Roj Wittaya School is an Islamic private school in Banna Sub-district, Jana District, Songkhla Province teaching both a secular and an Islamic religious curriculum. It has 726 students and 53 staff members.

On 5 February 2008, 200 Border Patrol Police (BPP) and Rangers (a paramilitary group -http://en.wikipedia.org/wiki/Thahan_Phran) raided the school; rounding up persons in the school, searching the building, teacher and student living quarters in an attempt to find evidence connecting persons within to recent bombings and shootings in the area.

The group of military personnel split up; one unit searched the surrounding buildings questioning nearby residents. Nothing was reported to have been found as a result of these enquires and throughout the questioning the forces failed to state the purpose of the searches.

A second unit entered the school office to find a lone teacher. They ordered him to call the school administrator (a.k.a. the permit holder). When he was unable to contact the school administrator he was pressured in an aggressive manner to continue. Other members of the BPP entered the student dorms.

One of the units proceeded to the house of the school administrator and found his wife and 1 year old daughter of the administrator as well as Mr. Aminudin Kaji, a teacher at the school. The forces abrasively pushed their way into the school administrator's house. When Mr. Aminudin attempted to negotiate with the BPP he was taken to the school office and forcibly arrest along with one other teacher and two students. The second teacher, Mr. Abdulrohman Sorman, had entered the office to enquire into the motives of the BPP. The BPP demanded he show his ID card when he failed to immediately produce this he was arrested.

The two students initially arrested with the teachers were released but Mr. Abdulrohman and Mr. Aminudin were taken away, weapons pointed at them. The two men were taken to the forty-third Taskforce Military Base, Natawee District.

The BPP and paramilitary forces failed to show any documents authorizing the operation or give reasons for the arrest.

SUBSEQUENT EVENTS:

Mr. Abdulrohman was release at 6pm on 5 February 2008. Mr. Aminudin remained in custody. His relatives received a call at 2pm on February 6 requesting them to collect him. Suspicious of the responses they received to inquiries about his well-being his relatives called the Ingkayuthborihan camp. The camp confirmed that he had been transferred there. Upon arriving at the Ingkayuthborihan camp his relatives were not permitted to see him.

His relatives received a subsequent call at 6pm on February 6 stating that Mr. Aminudin had been transferred to Provincial Police Region 9. His family however did not believe this was the case. He was released on February 7 at 9am from Ingkayuthborihan camp.

DETAILS OF INCARCERATION:

Following his release Mr. Aminudin described the torture he endured during his incarceration. He was detained at the forty-third Taskforce Military Base, Natawee District where 5 men carried out an interrogation during which he was tortured.

He was assaulted. His ears were boxed causing damage to his hearing. Following his pleas stating that he had lost his hearing in his left ear the officers threatened to make him deaf in both ears. The officers attempted to force him to confess to the shooting of a teacher in the Saphanmaikaen Sub-district and to bomb blasts at Nam Kem village, Banna Sub-district. He continued to deny his involvement in both incidents. As a result the officers beat him in between each question all over his body including his back and waist. When winded by the blows and complaining about not being able to breathe the officers responded by standing on his windpipe at least three times whilst accusing him of being part of the insurgency. He also had a gun held to his head and a knife held to his throat. At one point, according to Mr. Aminudin, he was given two options to either die in custody or to die outside--the officers said that he would be given a gun and told to run.

The officers tied a blanket into a wad and hit Mr. Aminudin over the head with it over 50 times, the use of a soft object fails to leave an obvious mark but with repeated use can do significant damage. His head was also tied in a plastic bag three times and an officer wearing gloves strangulated him. The ordeal is estimated to have lasted from 11pm on the night of February 5 to 2:30am on the morning of January 6 before Mr. Aminudin was sent to Ingkayuthborihan camp.

Mr. Aminudin's medical report found that his left arm and head were swollen. He sustained injuries to his arms, torso and back. He suffered from headaches and ringing in both ears. His ear drums in both ears were broken.

His relatives sent him at 4pm on February 7, following his release, to Jana Hospital, which confirmed the damage done to him and sent him to Hatyai Hospital to receive further treatment. Mr. Aminudin and his family attempted to launch a case with the Jana District Chief officer and Chief of Jana District Police station, who told them to petition the Jana District Center for Justice and Fairness before launching their complaint. They also encouraged them to lodge a complaint in Natawee District Police station, the location of the incident. Mr. Aminudin and his family petitioned the Jana District Center for Justice and Fairness and then lodged their complaint to Jana District Police station.

Colonel Prayong Klahan, Commander of the Taskforce 4th, announced that investigations were being conducted by the Internal Security Operations Command (ISOC)--4th Region, the Civilian Police Military (CPM) joint headquarter and the Jana District Police station by Lieutenant Colonel Tavisak Kam-phud.

BACKGROUND INFORMATION:

Over the last three years, the amount of violence in the south of Thailand has worsened immensely. Incidents reported in recent times by the AHRC include extrajudicial killing (UA-348-2006), abduction and torture (UA-034-2007), and abduction and forced disappearance (Where did they go?). There are many other cases of which the AHRC has obtained details but for security reasons is unable to publicize. Human Rights Watch has also recently issued a report on forced disappearances in the region: "It was suddenly like my son no longer existed". In response, the interim prime minister claimed that there had been "no human rights abuses" since his government took office last year after the September 19 military coup. In a recent case police and military forces where involved in a shooting at a school that led to a one man being injured and the death of a15 year old boy (UA-111-2006),

When the new military regime took power in September, it placed as a top priority solving of the conflict in the south of Thailand, and also mouthed concerns about the need to end the emergency regulations there (AS-255-2006). But this has never happened. Instead, as the violence has continued it has extended the Emergency Decree over the southern provinces twice and has ordered more troops and weapons to be sent down (AS-039-2007).

The Emergency Decree over the southern provinces in Thailand was introduced by the former prime minister in mid-2005 as part of a heavy-handed approach to the violent conflict in that part of the country. It grants even wider powers to the army and police than martial law and gives them complete impunity from prosecution for any actions taken under it, prompting the UN Special Rapporteur on extrajudicial killings to say that it makes it possible for them to "get away with murder". Independent bodies that have studied the situation in the south have recommended that it be withdrawn, including the prominent National Reconciliation Commission. To see details of these and other documents please visit: http://thailand.ahrchk.net/edecree.

SUGGESTED ACTION:
Please write to the following authorities below and ask them to investigate the alleged torture of Mr. Aminudin Kaji after the illegal arrest and detention.

The AHRC is writing separate letters to the UN Special Rapporteur on the Question of Torture calling for an immediate action in this case.

To support this appeal, please click here:

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SAMPLE LETTER:

Dear __________,

THAILAND: Alleged torture of a teacher following a raid of a school by Border Police in Southern Thailand

Name of victim: Mr. Aminudin Kaji, 26 years old, teacher at Rung Roj Wittaya School
Name of alleged perpetrators: Unidentified members of 43rd Unit Taskforce Border Patrol Police
Date of incident: From 5 to 7 February 2008
Place of incident: Rung Roj Wittaya School, Jana District and 43rd Taskforce Military Base, Natawee District, Songkhla Province

I am writing to voice my deep concern regarding the raid of Rung Roj Wittaya School and the subsequent arrest and torture of one of its teachers Mr. Aminudin Kaji.

According to the information I have received, on 5 February around 200 strong group of soldiers from the Border Patrol Police and Rangers paramilitary group in Banna Sub-district, Jana District, Songkhla Province. The officers questioned residents around the school and searched through the compound including the living quarters of teachers and student dorms. They also went to the school administrator's house where they first encountered Mr. Aminudin along with the wife and one year old daughter of the school administrator. Upon questioning the forces Mr. Aminudin was forcibly removed from the school administrator's house and taken to the school office where he along with another teacher Mr. Abdulrohman Sorman and two students was arrested.

I understand the two students were released but Mr. Abdulrohman and Mr. Aminudin was taken to the 43rd Taskforce Military Base, Natawee District. Mr. Abdulrohman was released at 6pm on 5 February. Mr. Aminudin remained in custody and was tortured during interrogation.

From the information I have received, Mr. Aminudin was tortured at the Military Base in Natawee District. He was beaten repeatedly and suffocated. Following his release his relatives admitted him to Jana Hospital the medical report documented after his admittance confirms that he was severely injured.

I understand that an investigation is underway into these incidents by the Internal Security Operations Command (ISOC), Civilian Police Military (CPM) and Jana District Police Station under Police Lieutenant Colonel Kam-phud. I wish to underscore that the Thai government signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and incorporated Article 32 against torture into the 2007 Constitution but have failed to introduce domestic legislation to give effect to this clause.

I therefore urge the government to investigate the torture of Mr. Aminudin and the legality of the raid on the school and provide support to Mr. Aminudin under the Witness Protection Act, including medical and psychological treatment. I also stress that the investigations should be independent, carried out without delay and anyone found to be involved in the torture of Mr. Aminudin should be identified and prosecuted accordingly. The victims of the raid and Mr. Aminudin should also be compensated. 

This case shows how the Emergency Decree has allowed the military to indulge in torture and other serious human rights abuses in the Southern Provinces. I therefore call on the Government of Thailand to life the Emergency Decree over the Southern Provinces. The recommendations of expert bodies on human rights in Thailand and the conflict in the South, notably the National Reconciliation Commission and the UN Human Rights Council in 2005, should be implemented without further delay. 

I look forward to seeing your intervention on this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000
E-mail: spokesman@thaigov.go.th 

2. General Anupong Phaochinda
Chief, Internal Security Operations Command
c/o Government House
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000

3. Mr. Sompong Amornwiwat
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
Fax: +662 502 6699/ 6734 / 6884
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th 

4. Mr. Chalerm Yoobumrung
Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Fax: +662 226 4371/ 222 8866
Tel: +662 224 6320/ 6341
E-mail: om@moi.go.th 

5. Mr. Noppadon Pattama
Minister of Foreign Affair
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Tel: +662 643 5333

6. Pol. Gen. Seripisuth Themiyavet
Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th 

7. Mr. Sonthi Techanan
Governor of Songkhla Province
Office of the Governor of Songkhla Province
Muang District
Songkhla 90000
THAILAND
Fax: +66 74 312016
Tel: +66 74 313206
E-mail: songkhla@moi.go.th 

8. Lt. Gen. Viroj Buacharoon
Commander
Fourth Army Area
Sirinthon Camp, Khaotoom
Yarang, Pattani 94160
THAILAND
Fax: +66 73 262 572
Tel: +66 73 262 598

9. Mr. Chaikasem Nitisiri
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +662 224 0162/ 1448/ 221 0858
Tel: +662 224 1563/ 222 8121-30
E-mail: ag@ago.go.th or oag@ago.go.th 

10. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980
E-mail: commission@nhrc.or.th 

11. Mr. Vasant Panich
Chairperson
Subcommittee on Legislation and Administration of Justice
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980

12. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Fax: +662 288 3009
Tel: +662 288 1496

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

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Urgent Appeal Case
Document ID :
AHRC-UAC-026-2008
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.