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UPDATE (Thailand): Special call for observers to attend trial of persons accused of murdering environmentalist Charoen Wat-aksorn

June 27, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

28 June 2006

[RE: UA-76-2004: THAILAND: A prominent environmentalist Charoen Wat-aksorn murdered and an independent investigation required; UP-40-2004: THAILAND: Arrest warrant issued against a local politician for the murder of Charoen Wat-aksorn; UP-77-2005: THAILAND: Department of Special Investigation fails to bring justice to Charoen Wat-aksorn case; UP-124-2006: THAILAND: Important programme to commemorate human rights defenders and discuss failed investigations; UP-128-2006: THAILAND: Please sign petition to remove head of special investigation from post
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UP-134-2006: THAILAND: Special call for observers to attend trial of persons accused of murdering environmentalist Charoen Wat-aksorn

THAILAND: Attacks on human rights defenders & environmentalists; impunity; unaccountability
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Dear friends,

The main hearings following the murder of Thai environmentalist Charoen Wat-aksorn are starting in court in Bangkok tomorrow, June 29, and the following day, June 30. The case is very important to human rights in Thailand as it is among a number of failed cases of murdered environmentalists and human rights defenders in the hands of the Department of Special Investigation. The Asian Human Rights Commission (AHRC) urges all concerned persons to attend the court as observers, and calls on other interested persons to follow the case closely.  

As the AHRC reported in its original appeal (UA-076-2004), Charoen Wat-aksorn was shot dead on 21 June 2004. Shortly after, two gunmen were arrested and admitted to the killing but said it was due to a personal dispute and that they were drunk. However, local people and members of Charoen's environmental group, Rak Thongthin Bo-nok recognised that the pattern and nature of the murder was typical of a hired kill, and felt that Charoen was murdered on the orders of local influential businesspersons and politicians. Under pressure, the police arrested two brothers who are alleged to have been behind the killing, both active in politics and local business. 

After much more pressure on the authorities, the case was transferred to the Department of Special Investigation (DSI) under the Ministry of Justice on 30 July 2004. The DSI began its investigation on 4 August 2004. It arrested the father of the two brothers as a co-conspirator. Since that time it has made no further progress. It has been strongly criticised by many concerned persons and groups for its failed investigation, and in recent times calls have grown for its director to be replaced because of this and other cases: http://thailand.ahrchk.net/dsi_petition/

The two gunmen were kept in jail awaiting trial while the three other accused were released on bail. One of the two imprisoned men died from illness while in custody, and therefore the case is proceeding against the remaining four defendants.

Further details on the trial process follow. Tomorrow Korn-uma Pongnoi, the wife of Charoen, is scheduled to testify. We request the attendance of human rights defenders, members of the media, embassies, lawyers and other concerned persons at the court for these important hearings.


LOCATION: Criminal Court,
Ratchadapisek Road, Ladprao, Bangkok

TRIAL NO.: Black No. 2945/2547

ACCUSED:
1. Saneh Lekluan (gunman; pleaded guilty)
2. Prachub Hinkaew (gunman; pleaded guilty; deceased)
3. Tanu Hinkaew (alleged conspirator; pleaded not guilty; brother of 4th accused; lawyer & former MP candidate)
4. Manoh Hinkaew (alleged conspirator; pleaded not guilty; brother of 3rd accused; provincial council member)
5. Jua Hinkaew (alleged conspirator; pleaded not guilty; father of 3rd & 4th accused)

GROUPS THAT HAVE INDICATED THEY WILL SEND OBSERVERS:
Thai Working Group on Human Rights Defenders
Human Rights First (US)
Asian Human Rights Commission (Hong Kong)

PRELIMINARY HEARINGS:
11 October 2004: 1st & 2nd accused pleaded guilty; 3rd, 4th & 5th accused pleaded innocent
1-2 December 2004; 28 January 2006: Opening hearings at Criminal Court in Bangkok and Prachuap Khiri Khan Provincial Court

SCHEDULE OF FORTHCOMING HEARINGS:
Prosecution witnesses:
29, 30 June; 7, 28 July; 4, 31 August; 7, 8, 14, 15, 19 December 2006
23, 24, 25, 26, 30 January; 8, 9, 13, 14 February 2007
Defence witnesses: 6, 7, 8, 22, 23 March 2007

TIME: Morning hearings start at 9am; afternoon hearings start at 1:30pm

FURTHER COMMENTS:

The killing of Charoen Wat-aksorn is typical of the work of "influential persons" in eliminating opponents in Thailand, including human rights defenders, environmentalists and other persons working for social change. For a relevant discussion, "Collusion and influence behind the assassinations of human rights defenders in Thailand" by Tyrell Haberkorn (article 2, vol. 4, no. 2, April 2005).

The trial process is also of concern as the office of the public prosecutor has been criticised of doing a poor job in human rights cases, such as the prosecution of five police accused in connection with the disappearance of lawyer Somchai Neelaphaijit (see for instance UP-130-2005) and the fiasco involving 58 persons accused with being responsible for the 25 October 2004 protest outside the Tak Bai police station that ended with mass deaths (UP-126-2006).


Thank you for your attention to this case.  

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


Document Type :
Urgent Appeal Update
Document ID :
UP-134-2006
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.