Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform you that two influential persons in Thailand have received long sentences for rape and murder of migrant workers. However, a police officer who assisted the offender in the rape case has not been punished as the case against her remains pending.
BUSINESSMAN JAILED FOR RAPE; POLICE OFFICER UNPUNISHED (UA-129-2006):
As the AHRC reported earlier, Saengroj Kanjana was charged with rape, causing grievous bodily harm, and deprivation of liberty of two Burmese migrant workers, Ya and A. Rae, in 2006. Saengroi was an influential businessman, former village headman and also son of a former member of parliament.
On 29 January 2007 the Suratthani Provincial Court found Saengroj guilty and sentenced him to 20 years’ imprisonment (Black Case No. 1096/2549).
However, a police officer implicated in the crime has not been punished. Pol. Sgt. Maj. Urajwan Kraideij arranged for the two women to go to the house where they were raped. She was charged with procurement, but the case has been pending for more than one year and has been sent back to the police for further inquiry. Meanwhile, Pol. Sgt. Maj. Urajwan was suspended for a short period of time, but has reportedly returned to duty. Please refer to the sample letter below for further action concerning the lack of progress to prosecute her also.
AIR FORCE OFFICER JAILED FOR MURDER (UA-091-2004):
Suchart Akkavibul, a group commander in the Royal Thai Air Force was charged with murdering Ma Suu, an 18-year-old Burmese migrant worker, in 2004. The case was concluded on 1 March 2007 in Uthaithani Provincial Court (Black Case No. 1089/2547; Red Case No. 209/2550). Suchart was convicted of murder and received a life sentence. His wife Yuwadee Akkavibul received a 5-year sentence for depriving the victim of her personal liberty and employing an illegal immigrant.
ADDITIONAL COMMENTS:
Although millions of migrant workers in Thailand have had the same legal rights on paper as citizens, for years they were in practice denied opportunities to enjoy those rights. These cases show a good development, that the courts are increasingly acknowledging and acting upon the rights of migrant workers, even where locally influential persons are concerned.
However, by the same token the first case demonstrates the continued absolute impunity enjoyed by the police in Thailand. There is no independent investigation body responsible for handling allegations against police, so other officers are assigned the duty of investigating their peers. Even when police officers are prosecuted in criminal cases, many continue in their jobs. This gives them further opportunities to interfere with the investigation process. For example, in the disappearance case of lawyer Somchai Neelphaijit the five policemen, including one who was convicted in the court of first instance, resumed their duties while the case was on appeal, and one returned to work while the initial case was in court (see UP-044-2007).
See further: AS-085-2007; AHRC-OL-006-2007. See also the AHRC’s 2006 Country Report on Thailand (also available in Thai).
SUGGESTED ACTION:
Please call for a speedy investigation of the police officer charged with procurement, and for her suspension from service until the criminal investigation is over. Please also request that an independent agency be established to handle complaints against the police, so as to guarantee impartiality and justice in these cases.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: Swiftly and effectively prosecute police officer charged with procurement
I am writing to express my concern that over a year after Police Sergeant Major Uraiwan Kraidej of the Suratthani District Police Station was charged with procurement under section 283 of the Penal Code (arrest warrant no. 150/2549, issued 22 February 2006) she still has not been brought before a court of law. This is despite the fact that her co-accused, Saengroj Kanjana, was on 29 January 2007 found guilty of rape and sentenced to 20 years’ imprisonment by the Suratthani Provincial Court (Black Case No. 1096/2549).
I have learned that although Pol. Sgt. Maj. Uraiwan was initially suspended from duty, she is now back serving as a police officer at the Suratthani District Police Station; the same station responsible for filing the arrest warrant against her. I am informed that the case has been sent back to the police by the public prosecutor for further inquiries, which leads me to conclude that the police may be deliberately mishandling the case in order that the accused escape prosecution.
I am deeply concerned at the impunity that police in Thailand enjoy for want of proper avenues for complaint and action against them. I urge that an independent agency be established to handle complaints against police, as recommended by the UN Human Rights Committee in 2005. Police officers charged with serious criminal offences should also as a matter of routine be suspended while the charges are pending.
Therefore, I urge that Pol. Sgt. Maj. Uraiwan be suspended until this case is concluded, and that special attention be paid to ensure that a speedy and independent investigation be completed to see that the matter goes before the court without further delay.
Finally, I call on the government of Thailand to join the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, so as to ensure that the rights of migrant workers under its jurisdiction be properly protected in accordance with international law.
I trust you will take prompt action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. 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: moj@moj.go.th
2. 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
Email: kovit@police.go.th
3. 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, oag@ago.go.th
4. Prof. Saneh Chamarik
Chairperson
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
5. Mr. J.A. Bustamante
Special Rapporteur on the Human Rights of Migrants
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR HR MIGRANTS)
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Ms Vernonica Birga
Room 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
