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UPDATE (Thailand): Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing

April 26, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Update on Urgent Appeal

26 April 2006

[Re: UA-143-2004: THAILAND: At least 84 people killed in Southern Thailand on 26 October 2004; UP-65-2004: THAILAND: A list of the victims of the mass killing in Narathiwat province; Immediate international intervention needed; UP-25-2005: THAILAND: Three generals found responsible for mass killing transferred without penalty]
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UP-094-2006: THAILAND: Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing

THAILAND: Mass extrajudicial killing; denial of custodial rights; impunity
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VIDEO OF ATTACK ON TAK BAI PROTESTORS ONLINE: http://thailand.ahrchk.net/takbai
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Dear friends,

The testimonies in the trial of 58 persons who were among the protesters outside the Tak Bai District Police Station in Narathiwat Province, southern Thailand on 25 October 2004, have commenced. The protesters are accused of various offences, including obstructing government officers, upsetting the peace and causing damage to property. The trial is scheduled to run until July 2007. However, on the first two days for testimonies the key witnesses--an army general and police colonel--did not come to court. Meanwhile, no army officers or government officials have ever been held criminally responsible for the deaths of 85 persons, 78 of them in custody.

According to the case lodged by the public prosecutor, the defendants, who were among protestors who gathered to call for the release from detention of six men held at the Tak Bai police station under martial law provisions, caused disruption to passersby and deliberately attacked the police station, requiring the security forces to respond. The group also refused to disperse when ordered to do so.

The charges include violence or threatened violence against government officers, obstruction of government officers, assembling to breach the peace, and refusing to disperse when ordered.

Over a thousand persons were detained after the protest: out of them, these 58 were identified as supposed instigators or ring-leaders.

The trial is being held at the Narathiwat Provincial Court. It is not scheduled to be completed until July 2007 because only a few days of hearings are scheduled every month, and the prosecutor has named hundreds of witnesses.

However, already on the two days assigned for testimonies so far the witnesses called by the public prosecutor did not come to the court. The two witnesses were the former Fourth Army Region commander, Lt. Gen. Pisarn Wattanawongkiri, and the former superintendent of the Tak Bai District Police Station, Pol. Col. Sommai Putthakul. On April 20, the first day of the hearings, the public prosecutor told the court that he could not locate Lt. Gen. Pisarn to issue a summons. On April 26, he said that Pol. Col. Sommai had gone to another province urgently and also the prosecution had not been able to send a summons. However, the witness is posted very nearby the location of the court. No written evidence was submitted to prove that the witnesses could not be present.

So far the court process has been delayed eleven times due to the incompetent work of the public prosecutor. The nine previous times were due to the prosecutor saying that documents were not ready. The constant and totally unnecessary delays cause great inconvenience to the defendants, who have to organise transport from rural areas and lawyers to attend the case. However, the court has not yet admonished the public prosecutor for the poor work.

The prosecutor assured the court that in tomorrow's hearing (April 27) the witness would be present. The following hearings are scheduled for May 17-18 and May 24-25.

REMINDER ABOUT THE CASE

On 25 October 2004, 85 people were killed after a protest outside the Tak Bai District Police Station in Narathiwat Province, 78 of them while being transported to army camps (UA-143-2004; UP-065-2004; AS-043-2004; AS-044-2004).

No military or police officials have ever been held criminally responsible for the deaths. Like in the 28 April 2004 killings (AS-011-2004), a politically-appointed inquiry was used to bypass judicial process (AS-064-2004; AS-039-2005).

The names of the dead were submitted to the UN High Commissioner for Human Rights (ALRC-PL-091-2005). An offer to visit and assist in inquiries by the UN Special Rapporteur on extrajudicial executions was refused by the prime minister (AS-050-2004).

The political inquiry found three generals primarily responsible for the deaths: former Fourth Army Region commander Lt. Gen. Pisarn, his former deputy Maj. Gen. Sinchai Nutsathit, and former Fifth Infantry Division commander Maj. Gen. Chalermchai Wirunpeth. However, they have never had any disciplinary or criminal action taken against them or any of their subordinates (UP-025-2005; AS-007-2005; AS-026-2005).

These are the same men who are now expected to give evidence in a court of law against the protestors.

The family members of the dead, and injured victims, have been given paltry compensation by the government (UP-036-2005). Family members have lodged a complaint against the state officers which is due to open in court in 2007.

The sister organisation of the AHRC, the Asian Legal Resource Centre, made a statement to the UN Commission on Human Rights on the case (ALRC-PL-017-2005), and made a detailed outline of the killings in its report to the UN Human Rights Committee in 2005, which was published in its periodical article 2 (Rule of law versus the rule of lords in Thailand, April 2005).


VIDEO OF THE ATTACK BY ARMY AND POLICE ON THE TAK BAI PROTESTORS

The AHRC has placed a video of the Tak Bai protest on its website, at: http://thailand.ahrchk.net/takbai

There are two video files. They are the same content. One is in WMV format. The other is in DAT format. They are large files. Only users with fast broadband connections should try to download them.

Persons who are interested to get a copy may contact the AHRC at: thailand@ahrchk.net. We will be happy to distribute single copies without charge.

The video shows that the protest outside the police station was largely peaceful until protestors refused to disperse and the security forces opened water from fire engine hoses on them. Shortly after, huge volleys of gun fire came from the security forces. Senior officers can be seen in the video giving orders, including Lt. Gen. Pisarn. There are many recorded instances of police and soldiers wantonly beating and kicking protestors, even after they are under custody. Later in the video, they are shown loading men face down onto the trucks in which 78 died. The other seven died outside the police station.

In December 2004 the government of Thailand attempted to stop distribution of this and other videos of the incident, and took some action against some persons who were found to be printing and selling them. However, after members of parliament and others challenged the government and persisted in showing the footage at public meetings, it was forced to back down.


LIST OF THE 58 DEFENDANTS

(All defendants are male)

1. Arsami Arleeluvee or Arsamee or Arsame Arleekuvee
2. Yhaya Chaekamoh or Chaekamah
3. Sainuding or Saining U-seng
4. Awae or Ma-e Lah Yuesoe
5. Muhamadsanee or Mahamad U-seng or Sanee U-seng
6. Sueree Kordae or Gordae
7. Saidee Marosae
8. Roesalee Aryid
9. Chaiyuth Dae Oh
10. Ruesee Samamae
11. Maarsuree Waearsar or Waenaja
12. Arwae Teemasa or Teemala
13. Dueloh Chae-Arlee
14. Manuding U-seng
15. Ma-Useng Tayae
16. Arleng Aryid
17. Arwae or Torpa Dorloh
18. Roepi Lomang or Romang
19. Rormueree Pi
20. Asmee Kabagor
21. Abdulmayee Sataebarkor or Sataeborkee
22. Muhamad Salae
23. Sulkifri Sa-Ie or Sa-Yi
24. Masaiming or Masaining?Mamah
25. Mamahreekah or Mamahritah Bin Uma
26. Mahama Kareehee or Kareeha
27. Chaesueman Chaekamoh or Chaemoh
28. Muhammanee or Muha manee E-Sor
29. Hanapee Soe
30. Arduema Ngormusor
31. (not available)
32. Chae Useng Karseng
33. Patas Dorlor or Dorror
34. Sakareeya or Sakariya or Yaegoh or Yugoh Salae
35. Uma Duerae or Der rae
36. Waerusdee or Waenildee Longnoh or Holnoh
37. Mahamamudee Sama air
38. Ruslang Mamah
39. Manawee Dorrae or Derloh or Dorlae
40. Sorlahuding Hengsanah
41. Roya Yusoe or Yusoy
42. Rusdee Yusoe
43. Arhamahsar ukee or Arhamahsaoo Dorloh
44. Sukeng or Sudeng Binma air
45. Mustopa or Mudtopa Seng
46. Arhama Tapa
47. Mamah Sulong
48. Masakee Baga
49. Mama atang or Mama adang Sengtoh or Tengtoh
50. Amran Arwaehama
51. Mahamaarlee or Mahama?Duerama
52. Waearlae Waeyuesoeor Benwaesoh
53. Dueraman Soe
54. Suemae Chaekamoh
55. Usman or Usmin Mamah
56. Musor Duerae or Tahrae
57. Mustopa or Mudtopa Mamah
58. Marorpee Salae


SUGGESTED ACTION:

Please write a letter to the Attorney General of Thailand to criticise the lodging of charges against the 58 in this case, as opposed to the non-prosecution of the army and police officers involved, and also the poor handling of the case: specifically, the failure to ensure that key witnesses appear, and the long timetable for the case. Please note that the AHRC has earlier criticised the work of the public prosecutor, particularly in the case of disappeared human rights lawyer Somchai Neelaphaijit (UP-130-2005).

Suggested letter:

Dear Mr. Pachara

THAILAND: Case against Arsami Arleeluvee (or Arsamee Arleekuvee) and others in Narathiwat Provincial Court (Black No. 96/2548)

I am writing to express dismay at the prosecution of 58 persons connected with the protest outside the Tak Bai District Police Station on 25 October 2004, while your agency has failed to prosecute those state officers responsible for the deaths of 85 persons arising from the same incident.

I am aware that testimonies in the case against Arsami Arleeluvee (or Arsamee Arleekuvee) and 57 others have opened in Narathiwat Provincial Court (Black No. 96/2548), under Criminal Code sections 32, 33, 83, 91, 138, 139, 140(1), 215, 216, 358 and 360 as well as Martial Law sections 4, 8, 11 and 15.

I am appalled that the protestors who were the target of excessive and needless violence by the security forces have themselves been made the subject of legal action, while the persons who were found responsible for the deaths of at least 85 persons by the independent inquiry set up by the prime minister--namely Lt. Gen. Pisarn Wattanawongkiri, Maj. Gen. Sinchai Nutsathit and Maj. Gen. Chalermchai Wirunpeth--have never been prosecuted. Nor have any of their subordinates ever had action taken against them by the public prosecutor.

I am also aware that on the first two days of testimony, the two key witnesses--Lt. Gen. Pisarn Wattanawongkiri and former superintendent of the Tak Bai District Police Station Pol. Col. Sommai Putthakul--did not come for the hearings. The prosecutor said that it had not been possible to send them summons. No written evidence was submitted to prove that the witnesses could not be present. The public prosecutor also did not give a good explanation as to why they could not be present.

According to information I have received, this is the eleventh time since the case opened that the case has been delayed due to the work of the prosecution. The nine previous times were due to the prosecutor saying that documents were not ready. As it is, the trial is scheduled to continue until July 2007, due to the fact that there are only a few days of hearings each month. The reason for such an unnecessarily drawn out trial process is not known. If key witnesses miss the hearings, this will only prolong what is already an unjust trial.

All of this speaks to the totally substandard work done by the public prosecutor in Thailand. I can only presume that the prosecutor has the role of guaranteeing impunity to generals and causing suffering to ordinary civilians.

Accordingly, I demand that the public prosecutor

1. Drop the charges against the 58 persons without delay.

2. Initiate an investigation into the members of the Royal Thai Army, Royal Thai Police and other personnel responsible for the deaths of 85 persons in Narathiwat Province on 25 October 2004, 78 of them while in custody, without delay.

3. Pay the costs for the unnecessary court proceedings and delays that have occurred to this date.

I also wish to remind you of a concluding recommendation of the UN Human Rights Committee to the government of Thailand last year:

"The Committee is concerned at the persistent allegations of serious human rights violations, including widespread instances of extrajudicial killings and ill-treatment by the police and members of armed forces, illustrated by incidents such as the Tak Bai incident in October 2004, the Krue Se mosque incident on 28 April 2004 and the extraordinarily large number of killings during the “war on drugs" which began in February 2003... creating a culture of impunity. The Committee further notes with concern that this situation reflects a lack of effective remedies available to victims of human rights violations, which is incompatible with article 2, paragraph 3, of the Covenant [on Civil and Political Rights] (arts. 2, 6, 7). The State party [Thailand] should conduct full and impartial investigations into these and such other events and should, depending on the findings of the investigations, institute proceedings against the perpetrators. The State party should also ensure that victims and their families, including the relatives of missing and disappeared persons, receive adequate redress..." (CCPR/CO/84/THA, 28 July 2005, para. 10, underline added)

This statement is explicit and unequivocal. Until the perpetrators of the Narathiwat killings are brought to justice, impunity will continue to reign over and above the law in Thailand. It is your responsibility to address this.

As Thailand has just announced its candidacy of the new UN Human Rights Council, I expect that you will be especially concerned to see that these matters are properly addressed. The candidacy will be a time for a serious review of Thailand's human rights record, and it is inevitable that these issues will be raised for discussion. Thailand's international reputation and credibility rests on effective action.

Yours sincerely,
----------------

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, oag@ago.go.th


PLEASE SEND COPIES TO:

1. Pol. Gen. Chidchai Wanasatidya
Caretaker Minister of Justice & Interim Prime Minister

Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: govspkman@mozart.inet.co.th

(or)

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; chidchai@moj.go.th

2. Dr. Kantathi Suphamongkhon
Caretaker Minister of Foreign Affairs
Ministry of Foreign Affairs
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5320
Tel: +662 643 5333
Email: kantathi@thaigov.go.th, ommfa@mfa.go.th, permsec@mfa.go.th

3. Prof. 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 or saneh@nhrc.or.th

4. Mr. 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)
Email: lventre@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-094-2006
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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.