THAILAND: Police lodge defamation charges against forensic scientist over “5 bullet suicide” case 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-107-2005
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) is outraged that five Thai police officers have filed defamation complaints against a senior forensic scientist and government bureaucrat following the latter’s comments over an apparent extrajudicial killing which the police have maintained was a suicide. Although all evidence points to the fact that the police killed the victim, they have lodged the defamation complaints in order to ‘protect their reputations’.

We ask that you please write to the Minister of Interior expressing your anger at the absurdity of these complaints and the need to withdraw them immediately. Please also voice your strong concern regarding the shameless excesses of power enjoyed by the Thai police, as evident in this case. If such abuses of power by the police are accepted now, then little hope can be held for the future integrity of the forensic profession and its collating of evidence in torture and murder cases.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

On 21June 2005, five officers from the Bang Khunthien police station, in Bangkok, Thailand, filed defamation complaints against Justice Ministry deputy permanent secretary Mr Manit Suthaporn and the Central Institute of Forensic Science’s deputy director, Dr Porntip Rojanasun. The police officers have accused Dr Porntip and Mr Manit of making false statements regarding the police officers’ involvement in the death of Sunthorn Wongdao, during an interview on the iTV programme “Todrahat” on June 18.

Mr Sunthorn Wongdao was found dead in Bang Yai district, Nonthaburi province on May 21, after being surrounded by officers of the Bang Kunthien station, who claimed he had committed suicide before being apprehended. However, the CIFS concluded that neither the condition of the victim’s body nor the crime scene suggested a suicide. In fact, the victim had four bullets through his lung and one through his head. The nature of the gunshot wounds suggests that another person fired the bullets at close range. Furthermore, the crime scene had allegedly been tampered with. The body of the victim appeared to have been turned over, and evidence organised to suggest a suicide.

Despite these facts, the Bang Kunthien police reportedly continue to maintain that the killing was a suicide. When Dr Porntip and Mr Manit appeared on iTV on June 18 to comment on the case, they simply countered this assertion by pointing to the facts. The Minister of Justice reportedly backed their shared opinion: he, it has been pointed out, has not been sued.

It is in response to the comments made Dr Porntip and Mr Manit that the five officers, including the superintendent of Bang Kunthien District Police Station, Police Colonel Thirisak Suriwong, have taken the step of filing defamation complaints. The other four officers are reported as being Pol. Capt. Pittaya Singjanusong, Pol. Capt. Pramote Chanbunkaew, Pol. Sgt-Maj. Bunyang Muangkrachang and Pol. Sgt. Sutham Thepraksapan. Pol. Col. Thirisak was reported to have said that the police had a right to protect their reputations.

ADDITIONAL COMMENTS

Thailand’s antiquated defamation laws are commonly used by powerful persons and officials to silence dissent and intimidate human rights defenders. The AHRC has previously raised concerns over the case of Supinya Klangnarong, who is being sued by a corporation owned by the family of the prime minister (most recent update: UP-31-2005; see also: AS-38-2005).

In this case, the defamation case is a blatant attempt to intimidate a forensic scientist, and through her, others in her profession, who know a great deal more about investigation of a crime scene than the police. They speak to the resentment that the police have over the small number of independent agencies now operating in Thailand that are able to cast some light on the uncounted numbers of human rights violations they had been free to commit in earlier years. For further comments, see: AS-64-2005 and AS-65-2005.

SUGGESTED ACTION:

Please write to the Minister of Interior expressing your anger at the absurdity of these defamation complaints and the need to withdraw them immediately. Please also urge that a proper inquiry into the killing be conducted by the Department of Special Investigation under the Ministry of Justice.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Pol. Gen. Chidchai

Re: Defamation case lodged against Dr Porntip Rojanasunan and Mr Manit Suthaporn by officers of Bang Kunthien police

I write to express my anger over the defamation complaints lodged against Dr Porntip Rojanasunan, deputy director of the Central Institute of Forensic Science (CIFA) and Mr Manit Suthaporn, deputy permanent secretary of the Ministry of Justice by officers from the Bang Kunthien District Police Station, Metropolitan Police Region 9. 

The five officers in question are the superintendent of Bang Kunthien District Police Station, Police Colonel Thirisak Suriwong, and Pol. Capt. Pittaya Singjanusong, Pol. Capt. Pramote Chanbunkaew, Pol. Sgt-Maj. Bunyang Muangkrachang and Pol. Sgt. Sutham Thepraksapan. 

You will be aware that the officers have accused Dr Porntip and Mr Manit of making false statements regarding the police officers’ involvement in the death of Sunthorn Wongdao, during an interview on the iTV programme “Todrahat” on June 18. After Dr Porntip and Mr Manit implied during the interview that the victim might have been extrajudicially killed the five police decided to lodge the complaints.

The defamation complaints are absurd and are a blatant attempt at intimidation. They demonstrate the excesses of power that the Royal Thai Police continue to wield and the level of impunity that they enjoy. If officers of the Royal Thai Police are permitted to contest or ignore the opinions of qualified forensic professionals, then what purpose do thorough forensic and criminal investigations serve? The actions by the police in this case must not be tolerated by the government. To do so would be to set a dangerous precedent for future investigations and police involvement in criminal cases. 

I call on you to intervene immediately in this case. I ask that you ensure that the five officers withdraw their charges without delay and are subsequently reprimanded for their actions. Their superiors should also be held to account for tacitly approving of the complaints. This case gives your government a clear opportunity to declare its intolerance to such behaviour by the police and to other abuses of power that the police continue to display. 

I also urge you to take the necessary steps that the killing of Mr Sunthorn be investigated properly by the Department of Special Investigation rather than the local or regional police. 

I look to your intervention in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

Pol. Gen. Chidchai Wanasatidya 
Minister of Interior
Office of the Ministry of Interior 
Atsadang Road 
Bangkok 10200 
THAILAND 
Fax: + 662 226 4371/ 222 8866 


PLEASE SEND COPIES TO:

1. Dr Thaksin Shinawatra
Prime Minister
Government House,
Pissanulok Road, Dusit District,
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.thgovspkman@mozart.inet.co.th

2. Mr Suwat Liptapanlop
Minister of Justice 
Office of the Ministry of Justice 
Ministry of Justice Building 
22nd Floor 
Chaeng Wattana Road 
Pakkred, Nonthaburi 
Bangkok 11120 
THAILAND 
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884

3. Professor Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
Email: commission@nhrc.or.th

4. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Atten: Lydie Ventre 
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)

5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders 
Att: Ben Majekodunmi
Room 1-040
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission
Document Type : Urgent Appeal Case
Document ID : UA-107-2005
Countries : Thailand,
Issues : Human rights defenders,