UPDATE(Thailand): Another five killings in which Kalasin police suspected of involvement

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-099-2007
ISSUES: Enforced disappearances and abductions, Extrajudicial killings, Impunity,

Dear friends,

The Asian Human Rights Commission (AHRC) is continuing its series of appeals on the alleged torture, abductions and killing committed or organised by police officers in Kalasin, northeastern Thailand, over the last three to four years. In this update we report on the killing and abduction of four more persons in which these police have been implicated, but have never been prosecuted, despite some external investigations, in addition to the 24 other victims on whom we have already reported (UA-136-2007; UP-065-2007; UP-073-2007). There are still many other alleged cases.

Please note that this update relates to five victims: the first case was noted but not reported in any detail in the previous appeal (UP-073-2007). The other four victims are from two newly-documented incidents.

Case 1: Namphon Dolrasamee
On 11 February 2004, Namphon Dolrasamee, a 22-year-old, was shot dead by an unknown man in front of a butcher shop in Kalasin town. At 1:30pm, she was riding a motorcycle with her sister, Narumon. When they passed the Prompan Grill meat shop, an unknown man on a motorcycle followed them, and shot Namphon from the side. Namphon’s motorcycle fell down; the man walked directly to her and shot her head twice. She died immediately.

The police kept Namphon’s body for two days without allowing her family to see the body. An official from the Central Institute of Forensic Science under the justice ministry conducted an autopsy on her body, but the family was apparently not informed of the findings.

Namphon had earlier been arrested for drug trafficking but she was acquitted. People in the area suspect that the police could have been behind her death, as it happened during the second phrase of the “war on drugs” launched by the government, when many teenagers were arrested for drug related crimes, and some of them disappeared or were killed afterwards. (For more details on the “war on drugs,” please refer to see “Extrajudicial killings of alleged drug dealers in Thailand“, article 2, June 2003, vol. 2, no. 3; www.article2.org.) At that time the police are widely alleged to have used hired gunmen, including former officers, to carry out killings, and in some instances do the killings themselves; the patterns in the killings were in most instances very similar. As noted previously, Kalasin was also declared the first province to obtain a “victory” in the “war” by the former government of Pol. Lt. Col. Thaksin Shinawatra, who personally ordered the operation.  

Case 2: Wan and Sommai Yuboonchu
Wan Yuboonchu, a merchant in Ponngam district, went missing with his wife Sommai Yuboonchu after going to the dentist in Kalasin District on 4 May 2005. Money was withdrawn from the couple’s account. The video record of the bank showed that two unknown men with caps used the couple’s ATM card to withdraw the money. The family filed a complaint to the Kalasin District Police Station and Kamalasai District Police Station but there was no progress in the case.

After the couple’s disappearance, a relative, Atthrot Yubonchot, claimed that he knew their whereabouts. He said that they had been abducted to Cambodia and asked for ransom from their immediate family. Some money was paid but the couple did not return. Atthrot and Somboon, a policeman from Ponngam Police Station, Kamalasai District, allegedly made up the ransom story to deceive the family.

The family filed a complaint to the national-level Crime Suppression Division (CSD) in Bangkok. The case was brought to the Criminal Court, and Atthrot was found guilty of blackmail and sentenced to eight years in jail. He is now on bail pending appeal. Somboon was acquitted for lack of evidence.

The CSD had also searched the house of a policeman belonging to the Kalasin District Police who was allegedly involved in the plot to abduct the couple. They found a cap similar to the one worn by one of the men who withdrew money from the couple’s account. However, they have reportedly not been able to obtain any strong evidence with which to prosecute.

Case 3: Suphan and Lamyong Donchompoo
Suphan Donchompoo, a 49-year-old local politician, disappeared with his 46-year-old wife Lamyong Donchompoo on 7 April 2006. At 1pm on that day, Suphan and his wife helped to put up posters for Chaimai Waramitra, who was running for senator. While they were working between Baan Nongtae and Baan Nongbua, Huangue Subdistrict, Yangtalad District, Kalasin Province, a sedan and a pick up approached them. The couple was taken to the sedan and somebody else drove their own pick up away. The couple went missing after that.

Suphan was a municipal councilor of Nongpan subdistrict. He was indebted and had conflicts with the Kalasin District Police. His family believes that the couple’s disappearance is related to the police, either because Suphan had grudges with them, or because their youngest daughter was allegedly involved in drug trafficking and normally used the pick up with her husband. The family lodged a complaint at the Yangtalad District Police Station on April 9, but no progress has ever been made in the case.

ADDITIONAL COMMENTS:

The large number of abductions, killings and incidents of torture allegedly committed by the Kalasin District Police has caused a heavy amount of fear in the province that has meant that few families of victims have vigorously sought to obtain justice, knowing anyhow that there is no agency or law that can effectively investigate and prosecute police in Thailand. The inquiries by the CSD, Department of Special Investigation of the justice ministry and National Human Rights Commission of Thailand have all so far come to naught.

After the military coup in September 2006, around eight victims’ families lodged complaints with the justice ministry with hopes that the change in administration may lead to some inquiries, but they have still not seen any progress. The acting police commissioner, Police General Seripisuth Themiyavet, has ordered the Kalasin District Police to conduct serious investigations into the killings, but there is no sign of anything being done and nor should any be expected while the alleged perpetrators and their peers are called upon to also be the investigators.

The interim prime minister, General Surayud Chulanont, has pushed for police reforms to allow for complaints to be made against officers and other institutional changes to limit their control by outside parties. While reforms of the police are desperately needed in Thailand, the AHRC has pointed out that without public participation and constitutional law, the prime minister’s proposals will be fruitless: AS-159-2007. See also the proposal for a new national security law that would greatly expand the power of the army commander, including over the police and investigations: AS-157-2007.

SUGGESTED ACTION:
Please write to again call for action on these cases of killing and forced disappearance in Kalasin.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________

THAILAND: More killings and abductions in which Kalasin District Police are suspected of involvement

Names of victims: (1) Namphon Dolrasamee; (2) Wan Yuboonchu and (3) Sommai Yuboonchu; (4) Suphan Donchompoo and (5) Lamyong Donchompoo
Names of alleged perpetrators: Unknown persons suspected to be personnel of the Kalasin District Police or others acting on their behalf
Dates of incidents: (1) 11 February 2004; (2) and (3), 4 May 2005; (4) and (5), 7 April 2006
Place of incidents: Kalasin Province, Thailand

I am writing to voice my deep concern regarding three more killing and abduction cases, with five victims, in which the Kalasin District Police in northeastern Thailand are suspected of involvement. These are in addition to many other cases with at least another 23 victims in the last three to four years, none of which have been effectively investigated or resolved.

The brief details of each case are as follows:

Case (1) 22-year-old Namphoon Dolrasamee was shot from the side by an unknown man on a motorcycle at 1:30pm on 11 February 2004 while herself riding a motorcycle with her sister Narumon past the Prompan Grill meat shop, Kalasin District. After her motorcycle crashed to the ground, the man walked directly to her and shot her head twice, killing her immediately. The police kept Namphon’s body for two days without allowing her family to see it, after which an official from the Central Institute of Forensic Science under the Ministry of Justice conducted an autopsy, but the family was apparently not informed of the findings. Namphon had earlier been arrested for drug trafficking but was acquitted. Her family believes that her death was part of the Kalasin District Police operations in the second phrase of the “war on drugs” launched by the former government.

Case (2) Wan Yuboonchu, a merchant from Ponngam District, disappeared with his wife Sommai Yuboonchu after visiting a dentist in Kalasin District on 4 May 2005. Two unknown men with caps were video recorded using the couple’s ATM card to withdraw money from their account after they disappeared. The family filed a complaint to the Kalasin District Police and Kamalasai District Police, but there was no progress. A relative, Atthrot Yubonchot, also claimed that the couple had been abducted to Cambodia and asked for ransom from their immediate family for their return. After money was paid but the couple did not return, the family complained to the Crime Suppression Division (CSD) in Bangkok. Atthrot and Somboon, a policeman from Ponngam Police Station, Kamalasai District, were prosecuted and Atthrot was found guilty of blackmail and sentenced to eight years in jail (Penal Code section 338). He is now on bail pending appeal. Somboon was acquitted for lack of evidence. The CSD personnel also searched the house of a Kalasin District Police officer, where they found a cap similar to the one worn by the men who withdrew money from the couple’s account. However, they have not obtained enough evidence with which to prosecute him.

Case (3) Suphan Donchompoo, a 49-year-old municipal councilor, disappeared with his 46-year-old wife Lamyong Donchompoo at 1pm on 7 April 2006 while putting up posters for a local candidate for the senate, Chaimai Waramitra, between Baan Nongtae and Baan Nongbua, Huangue Subdistrict, Yangtalad District, Kalasin Province. They were seen being put into a sedan; another vehicle, a pick up, was with the sedan, and someone also drove their own car away. The family lodged a complaint at the Yangtalad Police Station on 9 April 2006 but there has been no progress in the case. Suphan’s family believe that the Kalasin District Police were involved as he was indebted and had conflicts with them; also, the couple’s youngest daughter was allegedly involved in drug trafficking and normally used the pick up which they had driven that day.

I have learned that after the military coup against the former government of Thailand in September 2006, around eight families of victims in Kalasin Province lodged complaints to the Ministry of Justice but have so far not obtained any response to their requests for justice. The Department of Special Investigation is reported to be conducting inquiries in some cases but so far no police officers are known to have been effectively prosecuted. The acting police commissioner, Pol. Gen. Seripisuth Themiyavet, has ordered the Kalasin District Police to conduct serious investigations into the killings, but I know of no progress nor should it be expected, as the officers alleged to have committed these gross crimes and their peers cannot also be expected to investigate them properly.

I therefore wish to inquire into the current status of investigations into the deaths and disappearances of these five persons, in addition to all other cases from the province.

I know that police officers in Thailand have long enjoyed absolute impunity for want of any independent body to receive complaints, investigate and commence prosecutions against police. I am aware that the current interim prime minister has pushed for police reforms, including the setting up of a channel for complaints. However, I am concerned that this reform proposal cannot and will not be successful because it comes at a time that public participation in national affairs is discouraged and constitutional law is diminished. I thus urge that the country be returned to representative government under the 1997 Constitution of Thailand at the nearest possible time in order that meaningful public debate and action follow to address the many abuses for which the police in Thailand continue to be responsible. I also take this opportunity to urge that the government of Thailand under no circumstances enact the current proposed national security bill, which would greatly expand the powers of the army commander and also have severe negative effects on policing there.

I look forward to your prompt action in these cases.

Yours sincerely,

—————-

PLEASE SEND COPIES 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. 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

3. Mr. Aree Wongaraya
Interim Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: moi@moi.go.th

4. Mr. Kavee Kitisataporn
Governor 
Kalasin Provincial Office
Muang District, Kalasin Province
46000
THAILAND
Tel: +66 43 812 184 
Fax: +66 43 821 964

5. 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
E-mail: feedback@police.go.th

6. Pol. Lt. Gen. Boonchop Kongnoi
Commissioner
Provincial Police Region 4
Khonkaen 40000
THAILAND
Tel: +66 43 247 120, 245 166, 241 230
Fax: +66 43 241 230, 247 120

7. Pol. Maj. Gen. Phisanha Arweekorn Wornthepnitinant
Commander
1 Kalasin Road
Kalasin Provincial Police
Amphur Muang
Kalasin 4600
THAILAND
Tel: +66 43 821 810 
Fax: +66 43 812 528 
E-mail: ictalasin@hotmail.com

8. 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

9. Professor 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

10. Professor Philip Alston
Special Rapporteur on Extrajudicial, 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)

11. Mr. Santiago Corcuera Cabezut
Chairperson
Working Group on enforced and involuntary disappearances
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9176
Fax: +41 22 917 9006 (ATTN: WORKING GROUP DISAPPEARANCES)

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : UP-099-2007
Countries : Thailand,
Issues : Enforced disappearances and abductions, Extrajudicial killings, Impunity,