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THAILAND: Brutal beating to death of two marine officers and the subsequent arrest of 12 villagers

December 23, 2005

** Resending the amended version; please ignore earlier version sent today.

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal?lt;br />
23 December 2005
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UA-244-2005: THAILAND: Brutal beating to death of two marine officers and the subsequent arrest of 12 villagers

THAILAND: Rule of law; Police investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of the shocking beating to death of two marine officers on 21 September 2005 and the subsequent arrest of 12?villagers in Muang district, Narathiwat province, southern Thailand. The marine officers were reportedly involved in a shooting incident that killed two villagers and wounded four others. Outraged at the shooting, villagers are alleged to have beaten marine officers Sub-Lieutenant Winai Naagabutr and Petty Officer Kamthorn Thong-iad to death. Twelve villagers have been arrested, and they will reportedly be charged with illegal detention of a person, assembly with intention to kill a person, gang robbery, causing damages to property and assembly to conduct violence.

The AHRC condemns the brutal killing of the two marines by the villagers; all persons' right to life must be respected with no exceptions. However, there are concerns as to whether these villagers are in fact responsible for the killing. We therefore call for a new investigation to be conducted into both the shooting and the killing, in order to identify the real perpetrators and prevent the prosecution of innocent villagers.?lt;br />
Your immediate intervention is required to defer all legal action against the villagers until a new investigation is completed. Criminal charges against the villagers must be dropped if there is no substantial evidence to prosecute them and they must be released from detention. There are serious allegations against the Thai military as well as Muslim separatists regarding the orchestration of the shooting, which must also be investigated thoroughly. The appropriate charges must be filed against those who are responsible for the incident.

Please send letters to the Attorney General of Thailand, the Chairperson of the National Human Rights Commission and the Ministry of Justice and urge them to take appropriate action regarding this case.?lt;br />
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

At about 8pm on 20 September 2005, there was a fatal shooting incident in which two villagers were killed and four others injured, at a teashop in a village of Tanyonglimo sub-district, Muang district, Narathiwat province, Thailand. Outraged villagers subsequently took two marines hostage, believing them to be responsible for the shooting. The two marines were Sub-Lieutenant Winai Naagabutr and Petty Officer Kamthorn Thong-iad, who were then brutally beaten to death at around 2pm on September 21.?lt;br />
While there have been allegations that the Thai military was responsible for the shooting at the teashop, the Thai government has claimed that the two marines were not involved in the shooting but instead were lured into a trap set by Muslim separatists.?lt;br />
After the death of the marines, the Thai government took strong measures to identify the culprits, conducting door-to-door searches in the village and subsequently arresting the following 12 villagers:?lt;br />
1. Mr Makorseng Arwaekaji, 10/1 Moo 2, Manangtayor, Muang district, Narathiwat
2. Mr Kusa Lorseng, 45 Moo 7, Tanyonglimo, Rangae district, Narathiwat
3. Mr U-seng Saraenu, 61 Moo 7, Tanyonglimo, Rangae district, Narathiwat
4. Mr Plee Daneeru, 40 Moo 7, Tanyonglimo, Rangae district, Narathiwat
5. Mr Rurukeeplee Karing, 101/1 Moo 7, Tanyonglimo, Rangae district, Narathiwat
6. Mr Dorromae Hayeethasae, 139 Moo 7, Tanyonglimo, Rangae district, Narathiwat
7. Mr Tuanpanee Tuankuseepo, 50/1 Moo 7, Tanyonglimo, Rangae district, Narathiwat
8. Mrs B-dao Klabor, 148/1 Moo 7, Tanyonglimo, Rangae district, Narathiwat
9. Mrs Meenaao Mahama, 172 Moo 7, Tanyonglimo, Rangae district, Narathiwat
10. Mrs Nimaoo Deengee 58 Moo 7, Tanyonglimo, Rangae district, Narathiwat
11. Mrs Paeusao Saei 12 Moo 7, Tanyonglimo, Rangae district, Narathiwat
12. Mrs Yaena Kaseng 18 Moo 7, Tanyonglimo, Rangae district, Narathiwat

The prosecutor will reportedly bring criminal charges against them in court in the near future. The charges will include illegal detention of a person, assembly with intention to kill a person, gang robbery, causing damages to property and assembly to conduct violence under sections 83, 91, 215, 229, 310, 340 and 358 of the Penal Code of Thailand.?

While the Thai government has been keen to arrest those responsible for the death of the marines, it has done little to reveal the facts of the shooting and there has been almost no progress in the investigation. Furthermore, questions have arisen as to whether these 12 persons were in fact involved in the death of the marines. One eyewitness of the incident has reportedly expressed doubt about the involvement in the killing of some of the accused.?lt;br />
The specific concerns raised regarding the accused (based on information from an eyewitness and other villagers) are as follows:?lt;br />
Mr Kusa Lorseng: His house is located opposite the crime scene. He sells local agricultural products such as Sator (similar to pea pod) and Neing seeds (a type of big bean) and allegedly distributed some Sator to the villagers who were guarding the marines on the night before the killing. The police later found scraps of Sator near the crime scene and assumed that Kusa was involved in the killing.?lt;br />
Mr U-seng Saraenu: He is a motorcycle mechanic and his one leg is disabled. On September 21, because the weather was very hot at midday, he set up a tent for women and children. This appeared on video and he has apparently been arrested for this.??lt;br />
Mr Plee Daneeru: Police claim that Plee put sand in the gasoline tank of the two marines?vehicle. However, no villagers confirmed this.?lt;br />
Mr Tuanpanee Tuankuseepo: He and other villagers were asked to move the two marines' vehicle from its original dark location to a well lit spot. No clear reason of his arrest has been given. A few months before the killing he was hired by the army to guard Tanyonglimor Primary School.?

Mrs Nimaoo Deengee: She is a tailor. On the night of September 20, someone she knows came to her house and asked for cloth scarps. It was later found that those cloth scarps were used to tie the two marines.?lt;br />
Mrs. B-dao Klabor, Mrs. Meenaao Mahama, Mrs. Paeusao Saei and Mrs. Yaena Kaseng: During the time that the marines were taken hostage, the villagers came together and these four women reportedly helped with the cooking.

Mr. Makorseng Arwaekaji: When the marines were taken hostage, villagers usually gathered near the shelter where they were held to keep guard. At around noon on September 21, Makorseng reportedly made an announcement through a community loudspeaker in the local Yavi dialect and asked the villagers, who had returned to their homes to rest, to come back. As the Thai police do not understand the Yavi dialect, they suspected him of calling on the villagers to beat up the two marines.?lt;br />
Mr. Rurukeeplee Karing and Mr. Dorromae Hayeethasae: No information is available about these two persons.?lt;br />
While the AHRC condemns the brutal killings of the two marines, we also raise concerns regarding the responsibility of the Thai government in creating circumstances that allowed for the killing. The AHRC urges the Thai government to conduct a thorough and impartial investigation into both the killing of the marines as well as the shooting that provoked the killing, before prosecuting the 12 villagers.

BACKGROUND INFORMATION:?lt;br />
Violence in Thailand's southern, mainly Malay Muslim provinces has been steadily escalating since early 2004, exacerbated by the disastrously heavy-handed policies of Prime Minister Thaksin Shinawatra. The majority of areas in the southern provinces had been under martial law provisions, which changed to emergency Act in mid-July 2005. Imposing such laws allows the security forces to engage in activities without independent scrutiny, denying rights to the people that they enjoy in other areas. Under these laws, people cannot expect proper investigations, fair trial or punishment of perpetrators. These laws allow for authorities to misuse their power, leading to a severe crisis between the people and state enforcement agencies.?

SUGGESTED ACTION:

Please send letters to the Attorney General of Thailand, the Chairperson of the National Human Rights Commission, the Ministry of Justice and the Law Council and urge them to conduct a thorough investigation into the killing of the two marines before prosecuting alleged perpetrators.?lt;br />
Sample letter:

Dear _________,

Re: THAILAND: Brutal beating to death of two marine officers and the subsequent arrest of 12 villagers

I am appalled to hear about the brutal beating to death of two marine officers, identified as Sub-Lieutenant Winai Naagabutr and Petty Officer Kamthorn Thong-iad and the subsequent arrest of twelve villagers in Muang district, Narathiwat province, southern Thailand on 21 September 2005. It is alleged that the two marine officers were involved in a shooting incident that killed two villagers and wounded four others the day before they were beaten to death.

I strongly condemn this killing of the marine officers. The perpetrators of this brutal attack must be prosecuted before a court of law; a person’s right to life must be respected under any circumstances. However, I also urge the Thai authorities to conduct a new investigation to identify the real perpetrators. There are many concerns raised regarding the villagers who have been accused of the killing, with one eyewitness expressing doubt of their involvement.?lt;br />
The prosecutor’s office must defer any legal action against the arrested villagers until a new investigation is completed. It has come to my attention that charges of illegal detention of a person, assembly with intention to kill a person, gang robbery, causing damages to property and assembly to conduct violence will be filed against the 12 villagers under the Penal Code of Thailand in the near future. If substantial evidence warranting their prosecution is not found, all charges against them must be dropped and they must be released from detention immediately.?lt;br />
Furthermore, an investigation into the shooting incident of 20 September 2005 must also be investigated further. The real perpetrators of the incident must be identified, arrested and prosecuted. The serious allegations against the Thai military as well as Muslim separatists regarding the orchestration of the shooting must also be investigated thoroughly.?lt;br />
I strongly urge you to ensure that a new investigation is thoroughly conducted into this case. Appropriate assistance and compensation must be afforded to the victims and their families. The Thai authority must take effective steps to prevent such lynching from recurring.

Yours sincerely,

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SEND A LETTER TO:

1. Mr. Pachara Yutidhammadhamrong
Attorney General
Lakmuang Building
Nahappey Road
Royal Palace sub-district (Bharommaha Ratchawang)
Pranakorn District
Bangkok 10200
THAILAND
Fax: +66 2 224 0162
E-mail: ict@ago.go.th

2. 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

3. Pol. Gen. Chidchai Wanasatidya
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

And send a copy to:

1. Pol. Lt. Col. Dr Thaksin Shinnawatra,
Prime Minister
Government House
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax +662 2 282 8631 or 66 2 629 8213
E-mail: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th

2. Mr Kraisak Choonhavan
Chairperson, Senate Committe of Foreign Affairs
Office of Senator Secretary 2, 499 Suk Prapreut Building,
Prachacheun Road, Bangsue,
Bangkok
THAILAND
Tel/fax 0 2244 1529
Email: foreign_s@parliament.go.th?lt;br />
3. Dr Khunying Pornthip Rojanasunand,
Director-General,
Central Institue of Forensic Sciences
Ministry of Justice Building;
Software Park Building, Chaeng Wattana Road,
Pakkred, Nonthaburi
Bangkok 11120
THAILAND

4. Mr Charnchao Chaiyanukij,
Director-General,
Department of Rights and Liberties Protection
Ministry of Justice Building;
15th Floor, Chaeng Wattana Road,
Pakkred, Nonthaburi
Bangkok 11120
THAILAND

5. Mr Dej-Udom Krairit,
Chairperson
The Lawyers Council of Thailand
7/89 Mansion
10, Rajdamnoen Avenue,
Pranakorn District, Bangkok 10200
THAILAND
Tel. (662) 629-1430
Fax. (662) 282-9907-8?lt;br />
6. Mr Vasant Panich,
Chairperson, Sub-Committee on Ligistration and Administration of Justice,
National Human Rights Commission
422 Phya Thia Road, Pathum Wan District,
Bangkok 10330
THAILAND

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

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Document Type :
Urgent Appeal Case
Document ID :
UA-244-2005
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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.