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THAILAND: No action against army killers of two young men

June 3, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

4 June 2007
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UA-174-2007: THAILAND: No action against army killers of two young men

THAILAND: Extrajudicial killing, impunity, emergency regulations
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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) is aware that over six weeks after two young men were killed and three seriously injured by soldiers in southern Thailand no action has been taken against the alleged killers, although the army has acknowledged responsibility.

According to information that the AHRC obtained shortly after the incident on 13 April 2007, a unit of at least 11 soldiers from Task Force 2 based in Pattani province were on patrol in two army vehicles in search of insurgents in Bana district when they encountered about 15 teenagers who were out playing. The soldiers--some of whom were allegedly drunk at the time--fired into the air and accused the youths of burning mobile phone transmitters in the area during the preceding days. The teenagers reportedly denied this but the soldiers started shooting at them, killing two 15-year-olds, Sucheep Rabprayoon and Chemoosor Salae, and seriously injuring three others.

The village head and municipal council members immediately went to the scene and told the soldiers that they had make a mistake. The soldiers then went to help the injured persons. The provincial governor also went to the scene and agreed that the incident was caused by the misconduct of the soldiers. The soldiers later apologised, acknowledged that they had made a mistake and agreed to pay compensation.

Despite this acknowledgment, no legal action is known to have been taken against the soldiers responsible for the deaths and injuries. The matter of compensation also is reported to be outstanding. 

BACKGROUND INFORMATION:

This incident speaks to the total impunity with which the security forces are operating under the Emergency Decree in southern Thailand. It bears many resemblances to a number of other recent killings of young men, including those in Bannang Sata on April 9 (AS-078-2007) and the shooting of 15-year-old Abukoree Kasor by rangers on March 9 (UA-111-2007). In none of the other cases also have any inquiries followed against the accused officers that might lead to legal action.

The emergency regulations over the southern provinces were introduced by the former prime minister to protect security officials there from prosecution. The UN Special Rapporteur on extrajudicial killings has commented that they enable army and police personnel to "get away with murder", as in this case. The regulations have greatly inflamed the violence in the south since they were introduced almost two years ago.

For full details on the decree and violence in the south visit: http://thailand.ahrchk.net/edecree


SUGGESTED ACTION:

Please write to the concerned authorities to call for a proper criminal investigation into the killing and wounding of these young men, leading to prosecutions and imprisonment of the perpetrators.  Please also demand that adequate compensation be given to their families, and physical and psychological medical rehabilitation also be provided. Furthermore, witnesses in the case need to be brought under the official protection scheme. And please also demand that the government of Thailand lift the Emergency Decree over the south and permit the UN expert on extrajudicial killings to visit the country.

To support this appeal, please click here:

Suggested letter:

Dear ________,

THAILAND: Prosecute the military officers responsible for killing two young men in Pattani

Names of victims:
1. Sucheep Rabprayoon, 15 (killed)
2. Chemoosor Salae, 15 (killed)
3. Mattar Maming, 14 (wounded)
4. Abdulloh Sama-ae, 15 (wounded)
5. Sakariya Salamae, 14 (wounded)
Place of incident: Moo 2, Bana District, Muang District, Pattani Province
Date of incident: 13 April 2007
Alleged perpetrators: Personnel from Task Force 2, Royal Thai Army, based in Pattani Province, including
1. Sgt. Maj. 1 Prayong Damsanit
2. Sgt. Maj. 1 Prayuth Maswanna
3. Sgt. Maj. 1 Somdej Boonpeng
4. Cpl. Taweesak Thongyu
5. Cpl. Pongnikorn Wongruen
6. Cpl. Amnaj Pengiam
7. Cpl. Sitthisak Intachot
8. Pvt. Suthep Patkitkunchorn
9. Pvt. Mongkol Damchairit
10. Pvt. Anu Somboon
11. Pvt. Vitoon Tapang

I am writing to express my concern that although the Royal Thai Army has reportedly acknowledged responsibility for the erroneous killing of two young men and serious wounding of three others in Bana District, Pattani Province of southern Thailand so far no action has been taken against the alleged perpetrators.

According to the information that I have received, the killing happened on 13 April 2007 after a number of mobile phone transmitters were burnt by insurgents in the district. The group of at least 11 soldiers from Task Force 2 were on patrol in two army vehicles hunting for the alleged perpetrators when they encountered a group of around 15 young men. The soldiers, some of whom were reportedly drunk, allegedly fired into the air and accused them of being behind the attacks, before opening fire directly at the group. Sucheep Rabprayoon and Chemoosor Salae, both 15, were shot dead, while three others were seriously injured.

I am informed that the local authorities, including Governor Panu Uthairat, municipal council members and village-level officials have all acknowledged that the soldiers were in error, as has the Royal Thai Army, and promised compensation, although the matter of compensation is still pending.

More importantly, despite this acknowledgment, I am aware that no legal action has been taken against the alleged perpetrators of the shooting. I regret to note that this is in keeping with the practice of extending impunity to security forces in southern Thailand under the Emergency Decree BE 2548 (2005), and that in other similar recent instances, such as the alleged shooting death of 15-year-old Abukoree Kasor by rangers in on 9 March 2007 in Yala, there has been no action of any sort taken against the accused officials.

I urge the government of Thailand to break the impunity enjoyed by army and police personnel and ensure that criminal investigations follow into the 13 April 2007 incident, and all other similar incidents, in order that the persons responsible for these needless deaths be prosecuted and imprisoned. In this respect I urge that witnesses be fully protected in accordance with the provisions of Thailand's Witness Protection Act BE 2546 (2003) and that the families of victims be compensated properly in accordance with the provisions of the Compensation for Victims of Crime Act BE 2544 (2001). Furthermore, the surviving victims and family members should be given full physical and psychological medical assistance in order that they can be rehabilitated properly.

Finally, I call on the government of Thailand to revoke the Emergency Decree over the southern provinces without delay, restore the capacity of the investigating agencies and courts in the area to provide justice to the local people, and permit free access to Thailand to all United Nations experts, in particular the Special Rapporteur on extrajudicial, summary or arbitrary executions.

I trust you will take prompt action in this case.

Sincerely,


_______________

PLEASE SEND YOUR LETTERS TO:

1. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th

2. General Sonthi Boonyaratglin
Commander-in-Chief
c/o Royal Thai Army HQ
Ratchadamnoen Nok Road
Bangkok 10200
THAILAND
Tel: +662 280 2432-5
Fax: +662 280 2436

3. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: om@moj.go.th

4. Mr. Aree Wongaraya
Interim Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: om@moi.go.th

5. Pol. Gen. Seripisuth Themiyavet
Acting 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
E-mail: feedback@police.go.th

6. Mr. Panu Uthairat
Governor
Pattani Provincial Office
Decha Road, Muang District
Pattani 94000
THAILAND
Tel/Fax: +66 073 335 917

7. Lt. Gen. Viroj Buacharoon
Commander
Fourth Army Area
Sirinthon Camp, Khaotoom
Yarang, Pattani 94160
THAILAND
Tel: +66 73 262 598
Fax: +66 73 262 572

8. Mr. Pranai Suwanarat
Director
Southern Border Province Administrative Center (SBPAC)
Yala Provincial Office
Muang District, Yala 95000
THAILAND
Tel/Fax: +66 073 203 802

9. Mr. Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th

10. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 219 2980
Fax: +662 219 2940
E-mail: commission@nhrc.or.th

11. 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
Phone: +662 288 1496
Fax: +662 288 3009

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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-174-2007
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.