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THAILAND: At least 84 people killed in Southern Thailand

October 26, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

26 October 2004
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UA-143-2004:  THAILAND: At least 84 people killed in Southern Thailand  

THAILAND: Mass killings; Extrajudicial killings; Collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that at least 84 people died and more than 20 others were injured on 25 October 2004, when the Thai government security forces dispersed and arrested about 3,000 protesters in Narathiwat province. The government officials said that about 1,300 protesters were arrested for questioning, but the exact number of detainees is unknown. No names of detainees have yet been announced and no visitors have been allowed to meet the detainees. A curfew has also been imposed in eight of Narathiwat province's 12 districts on the same night.

In fact, this is another mass killings committed by Thai security forces in southern provinces. Before this event, the government's official figures showed that more than 400 people had been killed since this January.

The AHRC is gravely concerned that the Thai authorities' repeated use of violence against civilians badly affects the rule of law in the country, and further encourages impunity of the police and soldiers to get involved in further violence. We call for your urgent intervention into this matter. Please send a letter to the government of Thailand and request it to ensure independent and high-level judicial and legislative inquiries. Please also urge them to ensure that the National Human Rights Commission can be free to make inquiries into this matter as well.

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

On 25 October 2004, at least six protesters were shot to death and more than 20 others were injured, when the Thai government security forces violently reacted against about 3,000 Muslim protesters outside the Tak Bai district police station in the southern province of Narathiwat. The number of deaths dramatically increased to 84 today (October 26) after the Thai officials confirmed that 78 people were suffocated to death after being arrested and packed into police trucks. The actual number of deaths is expected to be more than the announced official number.

Maj. Gen. Sinchai Nujsathit, deputy commander of the fourth army, said the victims may have died from suffocation "because we had more than 1,300 people packed into the six-wheel trucks." He did not say how many trucks were used. Other evidences suggested that these people might have been killed by the effect of tear gas as well as the lack of air.  Dr. Pornthip Rojanasunan, a forensics expert who conducted autopsies on 78 bodies, said that some victims had blood coming from their eyes.

The incident of October 25 resulted from a protest outside Tak Bai district police station earlier in the day, which demanded the release of six village defense volunteers who were arrested under suspicion of giving government-issued weapons to Islamic militants.

More than 1,000 police and soldiers were mobilized to bring the protest under control. When the number of the protesters was increasing, fearing the incident would become unmanageable, security officials fired water cannons and tear gas at demonstrators. Witnesses said they saw troops firing at protesters while officers in charge of dispersing the mob insisted that shots were fired into the air, but not at any human targets. Some reports also said police used live ammunition. The military later claimed that they took the action against the protesters because the protest was illegal under the Martial Law imposed in Southern provinces of Thailand since this January, which prohibits assembly of more than 5 persons in any occasion.   

Narathiwat's public health chief, Dr Sirichai Phattharanuthaporn, confirmed at least six people were killed and more than 20 injured, one of whom was a police officer. The bodies of all the men killed bore gunshots wounds. "I saw soldiers fire at protestors, others kicked and used their rifle butts to hit them," said one witness.

The security forces also arrested about 1,300 protesters and took them to different locations for questioning. Before being taken away, these people were laid face-down in rows on the pavement and their hands were tied with rope. As the southern provinces are under Marital Law provisions, the arrested people would be detained for seven days for questioning by the army in Pattani's Muang district. However, the human rights groups in Thailand have reported that the exact number of detainees is unknown, no names of detainees have been announced, and no visitors have been allowed to meet them.

Following the incident, on late night of October 25, a curfew has also been imposed in eight districts of Narathiwat province- Tak Bai, Sungai Padi, Waeng, Sukhirin, Cho Airong, Rangae, Chanae and Bacho. According to Lt-General Pisarn Wattanawongkiri, Fourth Army Region Commander, the curfew has banned people from leaving their homes between 10:00pm and 6:00am.

Prime Minister Thaksin Shinawatra, who made an emergency visit to the deep south after the incident, said that the unrest was clearly provoked and "it would not be right to assume every suspect was innocent until proven guilty". Prime Minister Thaksin reportedly said, "This is typical." when he was asked about reports of scores dead, "It's about bodies made weak from fasting. Nobody hurt them."

The AHRC is gravely concerned that this incident is in violation of the Constitution of Thailand as well as the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. The ICCPR clearly lays down the limits to the abrogation of rights under emergency situations. Use of violence by the military is extremely unacceptable in any circumstances, especially when most protesters were unarmed. The violent reaction of the government authorities only creates more violence and tension in the south rather than solve the problems.  

Mass killings under martial law provision:

The Majority of areas in the three southern provinces-Pattani, Yala  and Narathiwat- are under martial law provisions. Imposing martial law is a common practice in Thailand, which allows the security forces to engage in activities without independent scrutiny, denying rights to the people that they enjoy in other areas. Under the martial law provisions, people cannot expect any of proper investigations, fair trial and punishment of perpetrators. All the mass killings mentioned above were committed by the security forces with the benefit of martial law.

In light of the above, the AHRC strongly urges the government of Thailand to ensure independent and high-level judicial and legislative inquiries into this matter. The National Human Rights Commission should also been given free access to make any inquiry into this matter as well. The AHRC especially urges the government of Thailand to take prompt and genuine steps to prevent further violence commited by the security forces against civilians.  

To see the detailed information about the incident, please go to see the media articles below.

1. The Nation:
- Muslim anger spills over: Religious leaders urge govt restraint
- Protest in Narathiwat: Six killed in bloody clashes with troops
2. Bangkok Post:
- Bloodshed, mayhem in South
- Islamic leader: Troops overreacted
3. BBC:
- S Thailand protest turns violent
- Thai protesters died in custody
4. CNN: Officials: 78 die after Thai riot
5. AP:
- Six Rioters Killed in Southern Thailand
- At Least 78 Die After Thailand Riot
6. AFP: Six dead after demonstration in southern Thailand
7. Reuters: Thailand Says 78 Protesters Died in Army Custody

For earlier statements by the AHRC on the massacre in April of this year, see: AS-11-2004 and AS-24-2004.

To see the AHRC statement on this matter, please go to:
AS-43-2004: Catastrophe in Thailand could have been avoided, must be addressed

SUGGESTED ACTION:
Please send a letter to the Thai government and request them to ensure an independent investigation into this matter by the Ministry of Justice.

Sample letter:

Dear ________,

Re: THAILAND: At least 84 people killed in Southern Thailand 

I am writing to bring to your urgent attention the mass killings took place in Narathiwat province on 25 October 2004.

According to the information received, at least 84 people died and more than 20 others were injured, when the Thai government security forces dispersed and arrested about 3,000 Muslim protesters outside the Tak Bai district police station in southern province of Narathiwat. At least six people were shot to death and 78 people were suffocated to death after being arrested and packed into police trucks. It was also reported that about 1,300 protesters were arrested taken to different locations for questioning.

This is a clear violation of the Constitution of Thailand as well as International Covenant on Civil and Political Rights (ICCPR), which lays down the limits to the abrogation of rights under emergency situation.

I strongly urge you to ensure an immediate and independent investigation into this matter by the judicial and legislative arms of the government. National Human Rights Commission should also be free to make any inquiry into the matter. I particularly urge the government of Thailand to take genuine steps to stop increasing extrajudicial killings committed by the security forces. Use of violence by the military is extremely unacceptable in any circumstances, especially when most protesters were unarmed.

Yours truly,


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SEND A LETTER TO:

1. Mr. Thaksin Shinawatra
Prime Minister
Government House,
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +662 282 8631
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th

2. Mr. Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pak Kred, Nonthaburi 11120
THAILAND
Tel: +66 2 502 8223
Fax: +66 2 502 8224

3. Professor Saneh Chamarik
Chairperson
The 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. Dr Bhokin Bhalakula
Minister of Interior
Ministry of Interior
Thanon Atsadang
Bangkok 10200
THAILAND
Tel: +662 224-6320/6341
Fax: +662 226-4371
Email: webteam@moi.go.th

5. Pol. Gen. Kovit Watthana
Commissioner-General
Royal Thai Police
Rama I , Patumwan,
Bangkok 10330
THAILAND
Tel. +662 205-1313, 205-220, 205-1840-9
Fax: +662 251-5956 

6. General Sampan Bunyanan
Minister of Defense
The ministry of Defense
Sanamchai Road, Pranakorn district
Bangkok 10200
Tel: +662 226 3114-6
Fax: +662 226 3214

7. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 

8. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-143-2004
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.