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UPDATE (Thailand): Years after the Kalasin killings just two are under special investigation; another disappearance has been reported

August 7, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal Update: AHRC-UAU-019-2009



7 August 2009

[Re: UA-136-2007: THAILAND: No progress in investigation of police serial killers; UP-065-2007: THAILAND: Details of more alleged killings by police in Kalasin; UP-073-2007: THAILAND: More abductions & killings allegedly by Kalasin police; UP-099-2007: THAILAND: Another five killings in which Kalasin police suspected of involvement]

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THAILAND: Years after the Kalasin killings just two are under special investigation; another disappearance has been reported

ISSUES: Extrajudicial killing; forced disappearance; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) is continuing its series of appeals on the alleged torture, abductions and killings committed by police officers in Kalasin province in North-eastern Thailand over the last five years during the notorious 'war on drugs'. In this update we bring news of the murder cases of 28 persons in which the police have been implicated. The Department of Special Investigation (DSI) has so far decided to investigate just two cases out of the 28. Another report of a disappearance in the province from 2007 has reportedly been lodged with the unit.

UPDATED INFORMATION:

Of the 28 Kalasin cases reported on by the AHRC only the alleged murder of Kiettisak Thitboonkrong has been given 'special' status and thus a full investigation under the Special Investigation Law.

The case of Kiettisak Thitboonkrong: On 10 October 2006 an investigator from the Department of Special Investigation (DSI), Police Colonel Piyawat Kingkate, went to the place where Kiettisak was killed and concluded that there was reason to suspect the police. His team then interviewed over 100 witnesses and examined the post mortem report, which allegedly proves that the man's death was not a suicide. (The report states that Kiettisak died about 8 hours before his body was hung). More details can be found at UA-136-2007.

After three years of investigation the DSI brought charges against six policemen under the penal code on 18 May 2009. They were accused of premeditated murder and of concealing Kiettisak's corpse to hide the cause of death. The six are: Police Colonel Montree Sriboonloue, Police Lieutenant Colonel Samphao Indee, Police Lieutenant Colonel Sumitr Nanthasathit, Police Senior Sergeant Major Angkarn Kammoonna, Police Senior Sergeant Major Sutthinant Noenthing and Police Senior Sergeant Major Phansilp Uppanant. They all worked in Kalasin Police Station when the murders were committed.

All six officers appeared before and were granted bail by the Kalasin Provincial Court and all pleaded innocent. Angkarn Kammoonna, Sutthinant Noenthing and Phansilp Uppanant appeared on 20 May 2009, Samphao Indee on 28 May 2009, Montree Sriboonloue on 17 June 2009 and Sumitr Nanthasathit on 2 July 2009.

This case is pending until the prosecutor sends it to the Kalasin Provincial court.

27 other cases: The DSI finally started to look into 20 of the other Kalasin killings on 21 May 2009, many years after they happened. These cases can be found in various AHRC appeals including: UP-065-2007, UP-099-2007 and UP-073-2007 or in a list of victims (PDF) it has compiled. The department has been collecting information on these twenty, to consider their classification as special cases. However seven of the deaths or disappearances have not been investigated at all.

Many other extra-judicial killings took place in this province between 2003 and 2006. (Find more in a list of victims from the DSI).

A few days later, on 29 May 2009, the families of seven victims (some of them being considered by the department and some not) came together to lodge a group complaint with the DSI, urging that their cases be given special status and investigated under DSI law. These are the families of Mr.Pravit Sattawut, Mr.Thongchan Paraphee, Miss Namphon Dolrasamee, Mrs.Oynapa Sukprasong, Mrs.Wanthana Thaksima or Thakpama, Mr.Wan Yuboonchu and Mrs.Sommai Yuboonchu. The complainants also teamed up with the family of an eighth victim, Mr.Saman Meetham (see 'new case' below).

Of these only the death of Pravit Sattawut has been classified as a special case. Pravit's death took place months before that of Kiettisak yet the investigation took nearly three years longer to start; the decision was made on 22 July 2009.

Finally, the AHRC wishes to highlight the disturbing fact that seven of the 27 victims have yet to be added to this list and have not been officially looked into, despite the allegations against the Kalasin police. Oynapa Sukprasong and her secretary Wanthana Thakpama/Thaksima were abducted on 2 December 2004 after they apparently refused to pay bribes (The UP-065-2007); Udom Nawai/Namwai was shot dead (UP-073-2007); Wan Yuboonchu and his wife Sommai Yuboonchu disappeared in May 2005, as did another couple in April 2006, Suphan and Lamyong Donchompoo (UP-099-2007).

A new case: In 2007 Mr Samam Meetham was allegedly questioned by the Kalasin police for a drug related incident and disappeared shortly after. In the group report on 29 May it was noted that Samam disappeared from Roi-et Road, Taohai village, Muang district, Kalasin, on 2 June in 2007.

ADDITIONAL INFORMATION:

Pol Col Piyawat Kingkate is the director of the DSI's special criminal cases office and has reported that Kiettisak's death resulted from a clear violation of human rights by state officials.

He has also noted that a report from the Chang Han police station to the National Anti-Corruption Commission (NACC) had reported an abuse of authority, although the DSI had contested the findings at the time and had the case referred to them for investigation. Kingkate now reports that the murder was more than a case of abuse; it was a criminal offence with the suspects liable for severe punishment.

Kingkate has said that at least 21 teenagers died suspiciously after being arrested on drug and theft charges at the height of the Thaksin government's war on drugs from 2003 to 2005; all of them found dead after they had made bail. He noted that no arrests had been made in the case.

For more details on the so-called War on Drugs, please refer to our report, Extrajudicial killings of alleged drug dealers in Thailand in a 2003 issue of our bi-monthly publication, article 2 on June 2003 (vol. 2, no. 3).

SUGGESTED ACTION:

Please write to those listed below requesting action and investigation into the many killings and forced disappearances in Kalasin.

The AHRC is writing separate letters to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, UN Working Group on Enforced or Involuntary Disappearances and the UN human rights office in Bangkok calling for their intervention in this matter.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear _________

Re: THAILAND: Years after the Kalasin killings just two are under special investigation, while another disappearance has been reported

1. Cases being prosecuted:

Name of victim: Mr. Kiettisak Thitboonkrong (UA-136-2007)
Names of alleged perpetrators:
1. Pol.Col. Montree Sriboonloue
2. Pol.Lt.Col. Samphao Indee
3. Pol.Lt.Col. Sumitr Nanthasathit
4. Pol.Sen.Sgt.Maj. Angkarn Kammoonna
5. Pol.Sen.Sgt.Maj. Sutthinant Noenthing
6. Pol.Sen.Sgt.Maj. Phansilp Uppanant
Date of incident: 23 July 2004
Place of incident: Baan Bung Khon, Moo 5, Sanchart Subdistrict, Jangharn District, Roi-et Province

2. Case under special investigation:

Name of victim: Mr. Pravit Sattawut (UP-065-2007)
Names of alleged perpetrators: Kalasin Police Station personnel
Date of incident: 24 February 2004
Place of incident: Kudnamkin public park, Muang Kalasin district, Kalasin province

3. Cases not under special investigation:

Name of Victims:
1) Mr. Mr.Krischadol Pancha, disappeared on 20 July 2004 (UA-065-2007)
2) Ms. Oynapa Sukprasong, abducted on 2 December 2004 (UA-065-2007)
3) Ms. Wanthana Thakpama or Thaksima, abducted on 2 December 2004 (UA-065-2007)
4) Mr. Prasert Krungsriwattana, shot dead on 31 December 2003 (UA-073-2007)
5) Mr. Jatuphon Nainayacheurg or Nannacheik, shot dead on 7 January 2004 (UA-073-2007)
6) Mr. Thongchan Paraphee or Paradee, death by hanging on 10 January 2004 (UA-073-2007)
7) Mr. Suphan Ploywilert, shot dead on 16 January 2004 (UA-073-2007)
8) Mr. Chanchai Korharn, shot dead on 16 January 2004 (UA-073-2007)
9) Ms. Paeng Sengsawan, shot dead on 21 January 2004 (UA-073-2007)
10) Mr. Pitoon Raikiet, shot dead on 21 January 2004 (UA-073-2007)
11) Ms. Namphon Dolrasamee, shot dead on 11 February 2004 (UA-073-2007)
12) Mr. Songkran Dejtharapath or Dechkornpat, shot dead on 7 April 2004 (UA-073-2007)
13) Mr. Dath Macha Pathan or Mr. Dat Pathan, shot dead on 5 May 2004 (UA-073-2007)
14) Mr. Somsin Worawattanawong, shot dead on 14 August 2005 (UA-073-2007)
15) Mr. Praiwan Phukhat or Pukeed, shot dead on 23 August 2005 (UA-073-2007)
16) Mr. Sakorn Saravithi or Saravithee, shot dead on 23 August 2005 (UA-073-2007)
17) Mr. Winai Koman shot dead, on 7 October 2005 (UA-073-2007)
18) Mr. Preecha Kampratuang shot dead, on 31 October 2005 (UA-073-2007)
19) Mr. Chaiwut Loachareon, shot dead on March 2005 (UA-073-2007)
20) Mr.Pui or Mr. Vinai Nhoedkam, death by hanging on March 2005 (UA-073-2007)
21) Mr. Udam Nawai or Namwai , shot dead (UA-073-2007)
22) Ms. Namphon Dolrasamee, shot dead on 11 February 2004 (UA-099-2007)
23) Mr. Wan Yuboonchu, disappeared on 4 May 2005 (UA-099-2007)
24) Ms.Sommai Yuboonchu, disappeared on 4 May 2005 (UA-099-2007)
25) Mr. Suphan Donchompoo, disappeared on 7 April 2006 (UA-099-2007)
26) Ms. Lamyong Donchompoo, disappeared on 7 April 2006 (UA-099-2007)
Names of alleged perpetrators: Kalasin Police Station personnel
Place of incidents: Kalasin, Thailand

4. New case:

Name of victim: Mr. Saman Meetham
Names of alleged perpetrators: Kalasin Police Station personnel
Date of incident: Disappeared on 2 June 2007
Place of incident: Roi-et Road, Taohai village, Muang district, Kalasin

I am writing to voice my deep concern regarding the 28 killings, abductions and disappearances that have come to light in Kalasin province since Thaksin Shinawatra's 'war on drugs' was first waged in 2003, plus a new case of disappearance. The Kalasin police in the northeast are implicated in the deaths and disappearances of all those listed above, and all except one were reported to you by the Asian Human Rights Commission in 2007.

I appreciate that an investigation into the murder of Kiettisak Thitboonkrong has been completed by the DSI after three years of work, and that six police officers were prosecuted for his death. I am also glad to hear that the DSI has accepted the case of Pravit Sattawut for investigation under the Special Investigation Act B.E.2547 after a five-year hiatus.

However it is disappointing and baffling to note that the 27 others, plus one other more recent case, have not been investigated under Special Investigation law. They all deserve to be classified and investigated as such.

I have also learned that the police have tried to push these cases through the National Anti-Corruption Commission (NACC) by mildly labeling them as matters of abuse of authority. They would then be substantially delayed until the NACC finishes its investigation, and the police involved would not be charged with murder or abduction, even if proven guilty. Impunity has been clear as police have tried to derail these cases in various ways.

I have learned that Kalasin was the first province to be declared drug-free -this after the 'war on drugs' policy was announced by the Former Prime Minister, Thaksin Shinawatra, but that of the more than 2,500 deaths related to this nationwide drug suppression campaign, only a few cases were investigated. Many victims were teenagers.

I urge you to continue with the swift prosecution of the six policemen responsible for the murder of Kiettisak Thitboonkrong, and to make it a benchmark for justice in this gruesome chapter of Thai history. Bring it to court without delay, ensure that there is a fair trial and provide witness protection. The same must be done after the long-awaited investigation into the death of Pravit Sattawut, and after all 27 cases are investigated by the DSI. It is of utmost importance that these deaths are given the attention that they warrant, and that a message is sent to the Thai people that a police badge is not a license to commit extrajudicial murder.

Finally, I urge the Government of Thailand to use all its means to locate those who have been disappeared or killed, to compensate their grieving families and to identify and prosecute the perpetrators.

I look forward to your prompt action in these cases.

Yours sincerely,
-------------

PLEASE SEND YOUR LETTER TO:

1. Mr. Abhisit Vejjajiva
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org

2. Mr. Peeraphan Saleeratwipak
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 6734
Tel: +662 502 6776/ 8223
E-mail: om@moj.go.th

3. Mr. Kasit Piromya
Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th

4. 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

5. Mr. Chaowarat Chanweerakul
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th

6. Pol. Gen. Patcharawat Wongsuwan
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
Tel: +66 2 251 4730 or +66 2 251 6831
E-mail: feedback@police.go.th

7. Mr. Decha Tantiyawarong
Governor
Kalasin Provincial Office
Muang District, Kalasin Province
46000
THAILAND
Fax: +66 43 811 040
Tel: +66 43 811 040

8. Professor Philip Alston
(ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Tel: +41 22 917 9155

9. Mr. Diego Garcia-Sayan
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006

10. 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)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-019-2009
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.