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THAILAND: Migrant worker raped and killed

September 4, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

5 September 2003

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UA-44-2003: THAILAND: Migrant worker raped and killed

THAILAND: Violence against women; danger of police inaction

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Dear Friends,

The Asian Human Rights Commission (AHRC) has received news that a female Burmese migrant worker was raped and killed by three men in Mae Sot, on the Thai border with Burma. One of three was identified as the factory security guard, who is a Thai national. However, no serious action has been taken yet by the police, and there are already indications that the case will not be treated seriously.

On 2 September 2003, about 1000 Burmese workers went on strike demanding legal action against the murder suspect because they are worried that he will not be punished. In late May in this year, there was a similar incident when six Burmese workers were killed in Mae Sot but the only person charged with murder, again a Thai national, was released on bail. In fact, Burmese people are routinely raped and murdered in this region without any consequences for the perpetrators.

AHRC requests you to express your concern about this case to the authorities in Mae Sot and to pressure them for an immediate and thorough investigation.

Urgent Appeals Desk

The Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Sandar Hlaing, a 25-year-old female Burmese, was working at the Ki Found knitting factory in Mae Sot for more than 4 years. On 31 August 2003, as usual, she went outside after work at the factory to get curry for dinner, at 8:00pm. Amorn Suwannachote, the factory's 40-year-old security guard was sitting on a motorbike, and offered her a lift. She refused at first but accepted after he pestered her. According to three witnesses from the same factory, two more men on another motorbike left with them, but only Amorn Suwannachote was identified. After that, Sandar Hlaing disappeared.

On the morning of 1 September, the dead body of Sandar Hlaing was found along the Mae Sot-Phop Phra Highway, 2km from the factory. Her body was taken to the Mae Sot hospital. An autopsy conducted by the hospital revealed that Sandar Hlaing had been assaulted, raped and stabbed to death. Her ribs were broken and she had stab wounds in the neck.

After hearing about the murder on Tuesday morning (2 September), about 1000 angry Burmese workers from the Ki Found knitting factory went on strike and attacked Amorn Suwannachote, because they didn't trust that the police will investigate her case fairly and bring him to justice. Amorn was rescued by the management and handed over to the police for questioning. He has reportedly claimed innocence. It is not clear if the police have charged him with anything, as latest news indicate he is still being held at the police station. Although the district police chief told the workers they would investigate the case thoroughly, other reports suggest that they are not doing so. Furthermore, there are indications that they are allowing persons involved in the case to take steps to cover it up. The body of the victim was quickly cremated on Thursday evening (4 September) despite attempts by NGOs to intervene. It appears that the factory management obstructed NGO access to the victim’s family, in an effort to have the body sent for a more thorough autopsy by forensic science specialists. There has also reportedly been a threat to at least one witness in this case. One of three was taken away by other factory security guards for five hours on the night of 2 September and he stopped speaking with other workers after he returned.

SUGGESTED ACTION:

Please write a letter to the addresses below and express your concern over this serious case. Ask the local authorities to investigate the incident immediately and punish the responsible persons according to the law. A sample letter is attached.

1. Col. Sonkran Sankakorn

District Superintendent

Royal Thai Police

Intharakiri Road

Amphur Muang

Mae Sot, Tak 63110

THAILAND

Tel: 66-1 8873737

2. Maj. Gen. Sawek Pinsinchai

Provincial Police Chief

Royal Thai Police

Amphur Muang

Tak 63000

THAILAND
Tel: 66-1 3765421

3. Dr Pornthip Rojanasunan

Acting Director

Central Institute of Forensic Science

Ministry of Justice Building

2/F., Chaeng Watthana Road,

Pak Kret District

Nonthaburi 11120

THAILAND

Fax 662 502-6676

4. Mr Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice,
22F, Ministry of Justice Building,
Chaeng Watthana Road, Pak Kret
Nonthaburi 11120,
THAILAND
Fax: 662 502 6699

5. Ms. Yakin Ertürk

Special Rapporteur on Violence against Women
OHCHR-UNOG

8-14 Avenue de la Paix,

1211 Geneva 10,

SWITZERLAND

Fax: 41 22 917 9022 / 41 22 917 9011

Suggested letter:

Dear

RE: The rape and murder of Ms Sandar Hlaing

I am writing to bring to your attention the rape and murder of Sandar Hlaing, 25, a Burmese migrant worker in Mae Sot. According to witnesses, on 31 August 2003, she was taken away by the factory security guard, Amorn Suwannachote, 40, and another two men, and she was found dead along the Mae Sot-Phop Phra Highway on 1 September 2003. An autopsy conducted by the Mae Sot hospital revealed that Sandar Hlaing had been assaulted, raped and stabbed to death.

I have heard reports that evidence is being destroyed and witnesses intimidated and isolated. I strongly urge you to investigate this serious case immediately and do whatever you can to see that the responsible persons are punished according to Thai law. I also urge you to take all possible steps to ensure the security of the witnesses of the case.

Sincerely yours,

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Thank you.

Urgent Appeals Programme

The Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-44-2003
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.