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UPDATE (Thailand): Another torture reported in the South; dead body bears marks of torture

April 2, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-017-2008

3 April 2008

[RE: AHRC-UAC-055-2008: THAILAND: Custodial death of a man in military camp in Southern Thailand]
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THAILAND: Another torture reported in the South; dead body bears marks of torture

ISSUES: Torture; custodial death; arbitrary arrest and detention; 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 been further informed by the Working Group on Justice for Peace (WGJP) about another case of the alleged torture of a man, who was arbitrarily arrested and detained by the military in southern Thailand. Meanwhile, when relatives of Yapa (AHRC-UAC-055-2008) took possession of his body, marks of torture were seen on it. The AHRC calls for urgent protection for witnesses and prompt investigation.

UPDATED INFORMATION:

Since the reported custodial death of Yapa Koseng on 20 March 2008 who was held by the 39th Special Military Task Force (see AHRC-UAC-055-2008, AHRC-UAC-064-2008), the AHRC has been further informed that Rayu Korkor, who was arbitrarily arrested, and had witnessed Yapa's death, was reportedly tortured in the 39th military camp.

According to further information received from the WGJP, Peace Witnessing Project at the Research Center for Peace Building, Mahidol University, and the Muslim Attorney Center, Rayu's relatives visited Ingkayuthboriharn camp where Rayu claimed he was tortured about 4 times from 4pm on March 19 to 5am on March 20 in the 39th military camp. He narrated that his fingernails and toenails were pierced with a syringe, his arms and legs were scratched with syringe needles and his back was beaten. He was hung upside down from a tree for an extended period of time. He was forced to drink alcohol, which is against the tenets of his religion. He further reported blurry vision, chest pains, difficult breathing and numbness in his feet.

Meanwhile, when Yapa's relatives took possession of his dead body from the 39th military camp, they noticed that his corpse was covered with bruises and burn marks, and his ribs were fractured (See photo 1, photo 2 and photo 3). His funeral was held (See photo 4). Col. Akara Thiprot, Internal Security Operations Command, Region 4th in the South, now claims that Yapa died as a result of being hit by a hard substance. However, the military have failed to provide all circumstances leading to his death.

BACKGROUND INFORMATION:

The Emergency Decree was introduced in mid-2005 in the southern provinces of Thailand to combat the violent conflict in the area. It grants the army and police with wider powers than the martial law. The UN Special Rapporteur on extrajudicial killings has commented that the Decree makes it possible for officers to get away with murder. When the military regime took power in September 2007, it voiced concerns about ending the emergency regulations in the south. However, it had instead kept extending the Decree (see further UP-007-2007). When the new government was formed on January 2008, it announced its intention to solve the violent situation in the south. However, it has extended the Decree to April 20, 2008.

Under the Emergency Decree, persons can be detained for up to 30 days without any charge, and they are held outside of conventional detention facilities as they are not yet considered as formally charged. State officers are therefore encouraged to keep detainees in secret locations, and do whatever they like without fear of being prosecuted. (Please refer to: UA-144-2007; AS-024-2007; AS-255-2006; UA-111-2007; UA-034-2007; UA-348-2006)

This case shows how the Emergency Decree in the southern Thailand enables the military to abuse its power, and leads directly to torture, murder and other serious human rights abuses. This combined with the fact that there is neither any law prohibiting torture nor any effective witness protection scheme in Thailand, means that the victims are easily intimidated into dropping their complaints.

Although the Thai government has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment-CAT and provided Article 32 on Constitution 2007, it has not introduced a related domestic law and such claims have never been materialized.

Torture is also not limited to the south of Thailand. Anecdotal evidence suggests that it is widely practiced both by the police and the army across the country. Since there is neither any law prohibiting torture nor any effective witness protection scheme in Thailand, the victims and witness are easily intimated to drop their complaints. (Please refer to the following cases: UA-410-2006; UA-233-2006; UP-157-2005; UP-137-2005; UP-88-2005)

Although there are a new law and a new office for protection of witnesses and victims, protection is offered only by the police on their own terms. It is ineffective in cases which the security forces are themselves the perpetrators. (See: Protecting witnesses or perverting justice in Thailand, article 2, vol. 5, no. 3, June 2006)

For full details on the decree and violence in the south visit: http://thailand.ahrchk.net/edecree

For further on human rights issues in Thailand read the 2007 country report of the AHRC.

SUGGESTED ACTION:
Please write to the following authorities below and ask them to investigate the alleged torture of Rayu Korkor and alleged torture death of Yapa Koseng after the their illegal arrest and detention.

Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on the Question of Torture, on the Extrajudicial, Summary or Arbitrary Executions, the Working Group on Arbitrary Detention and the Southeast Asia office of the UN High Commissioner for Human Rights calling for an immediate action in this case.

To support this appeal, please click here:
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SAMPLE LETTER:

Dear ____________,

THAILAND: Please provide urgent protection for witnesses and investigate death and torture in military camp in the south

Details of victims:
1. Mr. Yapa Koseng, 56 years old, imam in a mosque, Kortor village, Ruesor sub-district, Ruesor district, Narathiwat province; died of torture on March 20 in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
2. Mr. Rayu Korkor, 18 years old, BaHoe village, Ruesor sub-district, Ruesor district, Narathiwat province; tortured in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
Details of detainees who urgently need witness protection:
1. Mr. Anan Koseng, 25 years old, son of Mr. Yapa Koseng, Kortor village, Ruesor sub-district, Ruesor district, Narathiwat province; witnessed on Yapa's death and Rayu's torture in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
2. Mr. Arming Koseng, 29 years old, son of Mr. Yapa Koseng, Kortor village, Ruesor sub-district, Ruesor district, Narathiwat province; witnessed on Yapa's death and Rayu's torture in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
3. Mr. Sukri Salae, 31 years old, Kortor village, Ruesor sub-district, Ruesor district, Narathiwat province; witnessed on Yapa's death and Rayu's torture in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
4. Mr. Masakri Layee, 21 years old, Kortor village, Ruesor sub-district, Ruesor district, Narathiwat province; witnessed on Yapa's death and Rayu's torture in the military camp of the 39th Task Force Unit stationed in Ruesor district, Narathiwat province
Currently detained at: Ingkayuthboriharn camp in Pattani Province
Name of alleged perpetrators: police from Ruesor District Police Station and military personnel from the 39th Military Task Force Unit
Date of incident: Since 19 March 2008 to date

I am writing to voice my deep concern regarding the alleged torture of Rayu Korkor and the custodial death of Yapa Koseng whose case has not been investigated.

According to the information that I have newly received, when Yapa's relatives took his dead body from the 39th military camp, they have witnessed his corpse was covered with bruises and burn marks, and his ribs were fractured.

From the information that I have been learned, Rayu Korkor, who was arbitrarily arrested on March 19 and transferred to the Ingkayuthboriharn camp in Pattani Province after Yapa's death in the 39th military camp stationed in Ruesor district, told his relatives that he was tortured while he was detained in the 39th military camp. His relatives noticed that his fingernails, toenails and face were pierced, his arms and legs were scratched, and marks were seen on his back. What I have learned from the information is that Rayu was hung upside down from a tree and forced to drink, which is against the tenets of his religion.

This case has shown how the Emergency Decree in the southern provinces in Thailand enables the military to abuse its power, and leads directly to torture and other serious human rights abuses. Although, Thai government signed Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - CAT and provided Article 32 on Constitution 2007 but they did not introduce a related domestic law and such claims have never been materialized.

I therefore urge the government of Thailand to investigate the torture of two men which one of them, Yapa was dead in the 39th military camp. An independent investigation should be launched to look into these allegations of torture. If the allegations are proved, the perpetrators should be identified and prosecuted accordingly.

I also urge that the family of the victim and the victim be compensated properly in accordance with the provisions of the Compensation for Victims of Crime Act BE 2544 (2001). Including, the witnesses of this incident should be protected under the Witness Protection Act BE 2546 (2003).

I further urge the government of Thailand to break the impunity enjoyed by army and police personnel and ensure that criminal investigations follow into this incident, and all other similar incidents, in order that the persons responsible for it be prosecuted and imprisoned. I remind the government of Thailand that Section 150 of the Criminal Procedure Code of Thailand requires the full investigation of the death of any person who has died in custody and the torture of any person who has tortured in detention.

Finally, I call on the government of Thailand to revoke the Emergency Decree BE 2548 (2005) over the southern provinces, and martial law over the whole of Thailand. The government should also introduce the UN Convention against Torture into domestic law. 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.  The last, I urge you to permit free access to Thailand to all United Nations experts, in particular the Special Rapporteur on extrajudicial, summary or arbitrary executions.

Yours sincerely,

_____
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 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, Ratchabophit
Pranakorn, 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
Ratchathevee, Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333

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

7. 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

8. Mr. Karan Supkitvilakakarn
Governer Governor of Narathiwat Province
Office of the Governor of Narathiwat Province
Muang District
Narathiwat 96000
THAILAND
Fax: +66 73 514230
Tel: +66 73 514230
E-mail: kalan@pocnara.go.th 

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

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

11. Chairperson
Subcommittee on Legislation and Administration of Justice
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathumwan, Bangkok 10300
THAILAND
Fax: +662 219 2940
Tel: +662 219 2980

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-017-2008
Countries :
Issues :
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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.