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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-019-2009
ISSUES: Enforced disappearances and abductions, Extrajudicial killings, Impunity,

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-065-2007UP-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 case, please click here: SEND APPEAL LETTER

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 : Thailand,
Issues : Enforced disappearances and abductions, Extrajudicial killings, Impunity,