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UPDATE (Thailand): Trial continues against 58 accused in Narathiwat protest; key witnesses for prosecution absent or ignorant

June 16, 2006

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

ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Update on Urgent Appeal

16 June 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; UP-094-2006: THAILAND: Trial opens against 58 accused in Narathiwat protest; key witnesses for prosecution go missing]
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UP-126-2006: THAILAND: Trial continues against 58 accused in Narathiwat protest; key witnesses for prosecution absent or ignorant

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 trial against 58 persons who were among the protesters outside the Tak Bai District Police Station in Narathiwat Province, southern Thailand on 25 October 2004 continued this week. As previously, a key prosecution witness failed to appear before the court when called. Meanwhile, a senior police officer failed to present any evidence to the court to support the case. The Asian Human Rights Commission (AHRC) is concerned that the public prosecutor in Thailand is yet again running a case without evidence or substance, and with a lack of respect for the court's authority.

As noted previously (UP-094-2006), the public prosecutor has lodged a case against the defendants for allegedly disrupting passersby and deliberately attacking the Tak Bai District Police Station. Earlier, two key witnesses--former Fourth Army Region commander, Lt. Gen. Pisarn Wattanawongkiri and the former superintendent of the Tak Bai District Police Station, Pol. Col. Sommai Putthakul--failed to appear when called.

On June 14 and 15 the latest testimony in the case was due to be given in the Narathiwat Provincial Court. On the morning of June 14, however, the public prosecutor produced a letter from the witness scheduled for that afternoon and the whole of the next day, Niphon Narapitakul, the provincial permanent secretary of Narathiwat. According to the letter, Niphon had to go to Bangkok for work and requested the court to postpone his testimony. Therefore, the court sat only for the morning of June 14.?

Pol. Col. Sommai completed his testimony on the morning of June 14, and under cross-examination was unable to identify in court any of 58 accused or describe what evidence had been collected against them. He told the court that the incident had caused 186,446 Thai baht (USD 4850) in damage, but acknowledged that this was mostly from bullet holes opposite the police station, which were caused by weapons used by the security forces. He also said that he did not know that the incident had been reported as a violation of human rights.?

Pol. Col. Sommai was a lieutenant-colonel at the time of the protest and has since been promoted, like other persons allegedly responsible for the killings.


ADDITIONAL INFORMATION:

The next dates for hearings are set for July 12 and 13. They are not due to finish until next year, but because of the spread-out schedule and constant delays, the case may take longer to complete.

For a full reminder about the case, list of accused and other details, see the last update (UP-094-2006).

For commentary on recent developments in the case see: AS-143-2006 and AHRC-PL-042-2006.


SUGGESTED ACTION:

Please write a letter to the Attorney General of Thailand to criticise the continued extremely poor handling of the case by the public prosecutor. The inability of the prosecutor to have witnesses appear when called and even then present key witnesses who appear unfamiliar with the case suggests problems with every aspect of the prosecution's work. The public prosecutor should immediately review the case against the accused and consider withdrawing the charges in order to cease further needless pursuit of the defendants. Please note that the AHRC has earlier criticised the work of the public prosecutor in other cases, particularly in the case of disappeared human rights lawyer Somchai Neelaphaijit (UP-130-2005).

Suggested letter:

Dear Mr. Pachara

THAILAND: Non-appearance of prosecution witnesses and apparent lack of evidence in case against Arsami Arleeluvee (or Arsamee Arleekuvee) and others in Narathiwat Provincial Court (Black No. 96/2548)

I am writing to urge the immediate review of the prosecution of 58 persons connected with the protest outside the Tak Bai District Police Station on 25 October 2004, in order that the charges against the accused might be withdrawn.?

I am aware that testimonies in the case against Arsami Arleeluvee (or Arsamee Arleekuvee) and 57 others were scheduled to continue 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 on June 14 and 15, 2006.

However, I am informed that a third key prosecution witness failed to appear for the hearings when scheduled. Niphon Narapitakul, the provincial permanent secretary of Narathiwat, informed the court only on the morning of June 14 that he would not be able to attend due to work elsewhere. Previously, Lt. Gen. Pisarn Wattanawongkiri and Pol. Col. Sommai Putthakul had also failed to appear when scheduled.

I note that the 1997 Constitution of Thailand recognises under section 30 that all persons are equal before the law and under section 241 that all suspects in a criminal case have "the right to a speedy, continuous and fair inquiry or trial". I am concerned that the consistent failure of witnesses to appear before the court is a violation of these constitutional rights. The violation is made worse when the witnesses failing to appear are state officers. And it is especially bad when the witnesses are senior officials, as in this case.

It is the responsibility of the prosecution to ensure that its witnesses appear in court on the date and time that they are to testify. The consistent failure of the prosecution to fulfill this duty in Narathiwat speaks to its failure to conduct the case properly.

This failure is compounded by the fact that key witnesses for the prosecution apparently have no evidence to present to the court.

I am informed that on the morning of June 14, Pol. Col. Sommai completed his testimony. Under cross-examination, he was unable to identify in court any of 58 accused or describe what evidence had been collected against them. He told the court that the incident had caused 186,446 Thai baht in damage, but acknowledged that this was mostly from bullet holes opposite the police station. He also said that he did not know that the incident had been reported as a violation of human rights.

All of this speaks to the totally substandard work done by the public prosecutor in Thailand. I can only presume that the prosecutor in this case is conducting the trial on the orders of the police and armed forces in order to allow them to have to escape responsibility for the deaths in custody of 78 persons arising out of the protest, and deaths in the vicinity of the police station of seven others.

In view of the above, I urge you to see to it that immediate and urgent steps are taken to review the case pending against the 58 accused in Narathiwat with a view to withdrawing the charges from court and thereby ceasing further needless pursuit of these defendants. I also urge you to 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 on 25 October 2004.

In closing I 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)

As you will be aware, Thailand lost its bid to the new UN Human Rights Council. One of the reasons for this is undoubtedly the total impunity that continues to be enjoyed by government officials who commit human rights abuses in Thailand, whereas poor and innocent people are instead put in the dock. I urge you to do much more to bring about an end to this situation, and work towards restoring something of Thailand's international reputation, which has been very seriously damaged in recent times due to widespread reports on such persistent practices.

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. Pol. Lt. Col. Dr. Thaksin Shinawatra
Caretaker 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: thaksin@thaigov.go.th or govspkman@mozart.inet.co.th

2. Pol. Gen. Chidchai Wanasatidya
Caretaker 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 or chidchai@moj.go.th

3. 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 or ommfa@mfa.go.th or permsec@mfa.go.th

4. 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

5. 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

6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR JUDGES & LAWYERS)
E-mail: scronin@ohchr.org

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-126-2006
Countries :
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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.