Dear friends,
The Asian Human Rights Commission (AHRC) is disappointed that over three months after a court in Thailand identified three army officers as responsible for the killing of 28 persons in April 2004, there is so far no news of any work to prosecute them. Urgent action is needed to press the public prosecutor to act promptly on this case, and to raise it for public discussion.
UPDATED INFORMATION:
As we reported in our previous appeal (UA-398-2006), on 28 November 2006 a court holding an inquest into the killing of 32 young men on 28 April 2004 found that three army officers were responsible for the deaths of 28 of the group.
The court verdict cleared the way for the three officers to be prosecuted. In a letter received by the AHRC dated 29 December 2006, the head of the Department of Rights and Liberties Protection under the justice ministry confirmed this:
“I am pleased to inform you that according to the Criminal Procedure Code of Thailand… after the court has given the order concerning the post-mortem inquest, the file of examination of the court shall be forwarded to the public prosecutor so as to be sent to the inquiry official for further proceedings…
“However, in this case, case of murder where a person is killed by an official alleged to be… carrying out his duty… the prosecution or non-prosecution order may be given only by the Director-General of the Public Prosecution Department…”
The AHRC is unaware of what action has been taken, if any, to prosecute these three officers since the file was transferred from the court back to the public prosecutor. It is aware that one of the three, General Pallop Pinmanee, is an extremely powerful person who has enjoyed a life of impunity and it will take an exceptional effort on the part of the justice agencies of Thailand to bring any legal action against him. However, as the interim prime minister of Thailand has reportedly signed a special order for prosecution of alleged human rights offences under the former government (Surayud orders renewed inquiry, The Nation, 5 March 2007), there is special cause for public demands that he and his subordinates be held to account.
SUGGESTED ACTION:
Please write a letter to the Attorney General of Thailand asking about information on the progress of prosecutions of the three officers. Also, where possible please raise this case for public discussion in Thailand and abroad: through media outlets, blogs, and other forums.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: What progress in prosecuting General Pallop Pinmanee & 2 others further to findings of Pattani Provincial Court postmortem inquest of Sakareeya Yusoe & 31 others?
I am writing to you to ask what progress has been made to prosecute three army officers further to the 28 November 2006 findings of the Pattani Provincial Court in the postmortem inquest of Mr. Sakareeya Yusoe & 31 others (Black No. Chor 4/2547).
I am informed that the court found, on the application of the public prosecutor under section 150(5) of the Criminal Procedure Code of Thailand, that three officers of the Royal Thai Army were responsible for giving the orders that caused the deaths of 28 persons inside the Krue Se Mosque at 2pm on 28 April 2004. The three army officers were identified as:
1. General Pallop Pinmanee
2. Colonel Manas Kongpan
3. Lieutenant Colonel Tanaphat Nakchaiya
I am aware that under section 150(11) the court must return its findings to the public prosecutor, who is responsible to initiate further criminal inquiries. I am also aware that the decision to prosecute lies with the director-general of the public prosecution department (section 143).
Over three months have passed since the court’s decision. I am now interested to know what has been done to prosecute these army officers. Can you please inform me of the progress so far, and how soon they will be facing charges?
I also note that according to news reports on 23 February 2007 the Interim Prime Minister of Thailand, General Surayud Chulanont, ordered that incidents of extrajudicial killing and human rights abuse during the last five years be prosecuted. I am sure that this will give added impetus to your efforts to hold these three men responsible for the abovementioned killings, and also to prosecute the three other army officers identified by an independent government commission as responsible for the deaths of some 85 persons in Narathiwat province on 25 October 2004.
You will be aware that Thailand’s international reputation has been gravely damaged by the resumption of power by the armed forces on September 19, and subsequent steps taken to curtail fundamental rights in the country, not least of all the abrogation of the 1997 Constitution. If only persons associated with the former government but not personnel of the armed forces are held to account for the enormous numbers of killings and related abuses during recent years, then this will do nothing to shift the enormous obstacles to the defence of human rights and upholding of the rule of law in Thailand, and will only add to the impression that exists that the army is protecting its own while going after its enemies. I trust that you will ensure that this is not the case and that all persons allegedly responsible for such violations will be fully prosecuted in accordance with the law without regard to their personal or professional backgrounds.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
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
PLEASE SEND COPIES 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. 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: ommoj@moj.go.th
3. Director-General
Department of Civil Rights Protection and Legal Aid
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 515 4061
Fax: +662 515 4792
E-mail: humanrights@ago.go.th
4. Mr. Nitya Pibulsonggram
Interim Minister of Foreign Affairs
Ministry of Foreign Affairs
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5320
Tel: +662 643 5333
Email: ommfa@mfa.go.th or permsec@mfa.go.th
5. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th
6. Professor Philip Alston
Special Rapporteur on Extra-judicial, 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)
