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UPDATE(Thailand): Inquest into custodial death of Yapa opens in Narathiwas

June 25, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-038-2008

25 June 2008

[Re: AHRC-UAC-017-2008: THAILAND: Custodial death of a man in military camp in Southern Thailand]
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THAILAND: Inquest into custodial death of Yapa opens in Narathiwas

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 informed by the Muslim Attorney Center (MAC) that the first inquest day regarding the death of Imam Yapa in Narathiwat, southern Thailand. He was allegedly tortured to death in a military camp on 21 March 2008. The trial will open in Narathiwas provincial court. The AHRC requests you to attend the court as observers.
 
UPDATED INFORMATION:

As earlier reported in the case of death of Yapa Koseng (See further: AHRC-UAU-017-2008, AHRC-UAC-055-2008), this case was held by the Ruesoh Police Station and the autopsy file was sent to the Narathiwas provincial court on May 15 by way of a public prosecutor after his motion. The case number is Black Chor 9/2551.

According to the information newly obtained, the Narathiwas public prosecutor applied a motion that the police and military arrested Yapa with 6 other suspects under Martial law. The suspects were taken to the military camp of special task force number 39 based in Moo 2, Ruesohnok Sub-Distirct, Ruesoh Distirct of Narathiwat Province. In the camp, all were detained in a 6 wheel truck.

Public prosecutor revealed in the motion that second Lieutenant Siriket Wanichbamrung held the key of the truck and Major Wicha Phootong acted on behalf of the commander of the special task force. While in detention, from March 20 to 21, Yapa was interrogated many times. At 6:30am on March 21, Yapa died while he was in the truck.

After his death, police officers and other official agencies including a district governor and doctor were organised to make an inquiry, which was required under the Criminal Procedure Code. The autopsy report said that the cause of Yapa's death was found to be 'blunt force trauma' (medical term referred to a type of physical trauma) which was caused by fracture of ribs following 'traumatic pneumothorax'. The public prosecutor requested the Court to make an inquest in order to examine and enquire as to who the deceased was and the place, item, cause and circumstances of such death according to the section 150 of Criminal Procedure Code.

However, there was no explanation regarding the identity of the alleged offender in the prosecutor's motion, even the same section stipulated as "if death was caused by the act of any person, it shall be stated, as far as it could be ascertained, who the alleged offender was".

In addition, according to the same section, before the completion of examination, relatives of the deceased are entitled to apply by motion to the Court for examining the witnesses adduced by the public prosecutor and adducing other witnesses. As following this section, Yapa's relative will apply by motion to the Court.

The examination of this case will be conducted at 9am on June 30 in Narathiwas provincial court.

For further details, please contact Pornpen Khongkhachonkiet, Cross Culture Foundation, by her office (+66) 2 693 4939 or by her mobile (+66) 816824013.

ADDITIONALCOMMENTS:

This case is neither first case of custodial death nor case of death caused by torture in Thailand. We have reported similar cases in the past regarding death after being tortured in custody in the region (UA-237-2007).

There are similar incident like the case of Krue Se Mosque where 28 persons were found dead inside the mosque on 28 April 2004 (see UA-398-2006 and UP-028-2007). This case is finished. During the court trial, judge found those responsible involved in the death but the public prosecutor failed to prosecute them or start investigation on those responsible. 

Another case is the Tak Bai incident in which seven were shot dead and a thousand persons arrested in October 2004. Seventy eight arrestees were died of suffocation while being transferred to the custody (AHRC-OL-060-2006). The case is under the court trial for the post-mortem and postponed until November 2008.

Torture is by no means limited to the south of Thailand, and anecdotal evidence suggests that it is widely practiced both by the police and the army across the country. Due to the lack of a law to prohibit torture and no effective victim and witness protection in Thailand, the alleged perpetrators easily intimidate victims not to make complaints, or to withdraw them later. See for example the following cases: UA-410-2006; UA-233-2006; UP-157-2005; UP-137-2005; UP-088-2005.

This case also shows how the Emergency Decree results in torture and other serious human rights abuses. (Please refer to: UA-144-2007; AS-024-2007; AS-255-2006; UA-111-2007; UA-034-2007; UA-348-2006)

Please refer to our earlier appeals and sample letters for further information and action.

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-038-2008
Countries :
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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.