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UPDATE (Thailand): Investigation finds that man abducted and tortured but "not by the police"

November 17, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal

17 November 2005

[RE: UA-105-2005: THAILAND: Extremely brutal torture of a man at Chonburi Provincial Police Station]
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UP-137-2005: THAILAND: Investigation finds that man abducted and tortured but "not by the police"
 
THAILAND: Torture; Forced confession; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that provincial authorities have investigated allegations that Mr Urai Srineh was abducted and brutally tortured by the police on 24-25 May 2005 in connection with the murder of six migrant workers (UA-105-2005), and found that while the incident reportedly occurred, the police were not involved. 

The AHRC is concerned that the reason for this conclusion is that the police coerced the victim into accepting money to go back on his earlier allegations, while he was in hospital recovering from his injuries. That this appears to have been the case speaks to the need for a much more effective witness protection programme in Thailand than exists at present.

Please write to the Minister of Justice to express your concerns over the lack of effective witness protection in Thailand, and to call for this case to be taken up by the Department of Special Investigation under his ministry.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

As the AHRC reported previously, according to Mr Urai Srineh, he was allegedly abducted from his home by five men on 24 May 2005, taken into a room and brutally tortured for some hours. When he was taken back home on May 25, he allegedly saw that he had been tortured inside Chonburi Provincial Police Station (UA-107-2005).

The AHRC has since learnt that the provincial authorities investigated the case and found that while the incident had reportedly occurred, Mr Urai has insisted that the police were not the ones responsible. The AHRC is worried that the reason for this is that Mr Urai was coerced into accepting money while in hospital recovering from his injuries, in order to not implicate the police. It is understood that he has since left the province, and no further action is being taken with regards to the case.

Meanwhile, it has been reported to the AHRC that when two other suspects who were charged in connection with the case were brought to the court for the setting of trial dates they called out that they were also tortured and asked to see staff of the National Human Rights Commission of Thailand. 

ADDITIONAL COMMENTS:

This is yet another case speaking to the persistent problems associated with the lack of independent investigation channels for cases where Thai police are implicated in gross human rights abuses, and also the lack of effective witness protection in Thailand. The AHRC and its sister organization the Asian Legal Resource Centre (ALRC) have commented frequently on these concerns, in particular by way of the ALRC report and supplementary report on Thailand to the UN Human Rights Committee in 2005. In its recommendations to Thailand in July, the Committee stressed that it

"Is concerned about the persistent allegations of excessive use of force by law enforcement officials [and]… about reports on the widespread use of torture and cruel, inhuman or degrading treatment of detainees by law enforcement officials… It is also concerned at the impunity flowing from the fact that only a few of the investigations into cases of ill-treatment have resulted in prosecution, and if any, in conviction, and that adequate compensation to victims has not been provided… The State party [Thailand] should ensure that all alleged cases of torture, ill-treatment, disproportionate use of force by police and death in custody are fully and promptly investigated, that those found responsible are brought to justice, and that compensation is provided to the victims or their families [CCPR/CO/84/THA, 28 July 2005, para. 15].

Regarding witness protection, while there is a newly-established Office of Witness Protection under the Ministry of Justice, it is very small and as yet incapable of carrying out its mandate with any real effect. While some persons have been offered "protection" in accordance with instructions from the ministry, the type of security offered has for some amounted to harassment rather than genuine protection. Other persons whose cases should have been taken up the by office have not obtained the assistance they need.

SUGGESTED ACTION:

Please write to the Minister of Justice to for it to be investigated by the Department of Special Investigation under his ministry, and for proper witness protection to be afforded the victim in order that he feel able to give a true account of what allegedly happened to him.

Sample letter:

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Dear Pol. Gen. Chidchai

Re: THAILAND: Call for DSI to investigate alleged abduction and brutal torture of Mr Urai Srineh in Chonburi Province

I am concerned that the alleged abduction and brutal torture of Mr Urai Srineh in Chonburi Province on 24–25 May 2005 in connection with the murder of six migrant workers has not yet been taken up by the Department of Special Investigation under your ministry.

According to the information I have received, the provincial authorities have investigated the case and found that Mr Urai has maintained that he was abducted and tortured; however, that officers connected with the Chonburi Provincial Police Station were not the ones responsible, as earlier alleged.

I am worried that the reason for this is that Mr Urai was allegedly coerced by the police into taking money to contradict his earlier story about what had happened to him. I have heard that while he was in hospital some police officers led by Pol. Maj. Manop Prasart of Klaeng District Police Station, Rayong allegedly came to visit him and offer him money to deny his earlier allegations.

I have also heard that when they were brought to court to be charged with the murders, two other suspects also called out that they had been tortured.

In view of the seriousness of this case and the confusion surrounding the circumstances of Mr Urai's abduction in connection with the six murders, I urge you to see to it that the Department of Special Investigation is assigned to investigate, if it has not done so already. I also urge you to ensure that adequate witness protection is given to the victims in order that they are able to tell the truth about what happened to them without fear of repercussions.

In that regard, I would also request that you move to develop the Office of Witness Protection in Thailand so that it be able to play a greater role in providing security for witnesses and victims of gross violations of human rights in Thailand.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
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

PLEASE SEND COPIES TO:

1. Pol. Lt. Col. Dr Thaksin Shinawatra
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. Sombat Amonwiwat
Director-General
Department of Special Investigation
Ministry of Justice Building
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Fax: +66 2 913 7777
Email: dir.gen@sid.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. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org

 

Document Type :
Urgent Appeal Update
Document ID :
UP-137-2005
Countries :
Issues :
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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.