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UPDATE (Thailand): Important events marking 2nd anniversary of mass killing

October 23, 2006

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

ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Update on Urgent Appeal

23 October 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; UP-126-2006: THAILAND: Trial continues against 58 accused in Narathiwat protest; key witnesses for prosecution absent or ignorant]
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UP-201-2006: THAILAND: Important events marking 2nd anniversary of mass killing

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 second anniversary of the mass killing of 84 persons in southern Thailand is on Wednesday. On 25 October 2004, 6 persons were killed outside the Tak Bai District Police Station in Narathiwat, and another 78 died in army custody. No army or police or government officials have ever been held liable. Instead, 58 protestors have themselves been senselessly prosecuted. This week there are two important events organised in Bangkok to mark the anniversary. The Asian Human Rights Commission urges all persons who can attend to do so.

The interim prime minister of Thailand under the new military junta, General Sonthi Boonyaratglin, has himself said that the case against the 58 accused in connection with the Tak Bai protest, which resulted in a massive army crackdown and the deaths in custody, should be dropped. However, there has been no suggestion that action will ever be taken against the officers responsible for the deaths. The government has also declined to allow the UN Special Rapporteur on extrajudicial killings to investigate the case.

Meanwhile, there are grave fears for some of the persons connected with the case, amid escalating violence in the south: at least one person closely involved in helping the 58 was shot last Friday after receiving a phone call (see AHRC-PL-094-2006; the AHRC will issue an appeal on this case shortly).

For persons who are in Bangkok, we forward the following information from the Working Group on Justice for Peace on two important events on this occasion: a press conference on the night of October 24 and a public seminar on the afternoon of October 25. Both programmes will be conducted in Thai and English.

For further details on the case, see UP-178-2006 and AHRC statements: AS-143-2006; AS-083-2006; AS-039-2005; AS-026-2005; AS-007-2005; AS-064-2004; AS-044-2004; and AS-043-2004. Details can also be found in the report "Rule of law versus the rule of lords in Thailand" (article 2, vol. 4, no. 3, April 2005).

PEACE THROUGH AMNESTY? REFLECTIONS ON JUSTICE IN THE SOUTH ON THE 2nd ANNIVERSARY OF TAK BAI

Foreign Correspondents' Club of Thailand
Tuesday 24 Oct 2006, 8.00 PM

With the ongoing Peace Talks and possible political reconciliation between the so-called ‘separatist movement’ and the new interim government, as well as the commemoration of the 2nd anniversary of the Tak Bai incident on 25 October 2004, the Working Group on Justice for Peace poses the question whether amnesty is possible.

Will amnesty bring justice and an end to impunity in Southern Thailand? During the past 2 years of exacerbated violence which led to more than 1700 deaths, more than 200 suspects have been facing trials for national security offenses. Among them are 58 Tak Bai protestors on trial now in Narathiwat facing constant delays due to prosecution witnesses not appearing in court. At the same time, inquests examining the 78 deaths at Tak Bai as well as the 106 deaths of the Kru Se incident have been pending for 2 years.

Lawyer Rasada Manurasada, a representative of the Human Rights Committee of the Lawyer’s Council of Thailand will elaborate on the defense of around 70 national security cases.

Dr. Anantachai Thaipratan, from the Working Group on Justice for Peace-Yala is reflecting on the impact and consequences of injustice in the justice process for the on-going conflict in southern Thailand.

Jon Ungphakorn, a former senator of Prachatai News Agency and Gothom Arya, a National Assembly member, will share their experiences and their perspectives working with the issues related to the Tak Bai case.

Contact:  Pornpen Khongkachonkiet, 08-9-451-1459; Angkhana Neelaphaijit, 08-4-728-0350


SECOND ANNIVERSARY OF THE TAK BAI INCIDENT: ACCESS TO JUSTICE AND HUMAN RIGHTS VIOLATIONS IN THE THREE SOUTHERNMOST PROVINCES OF THAILAND

Public seminar

Wednesday 25 October 2006
12.30-17.00

Jumpot-Pantip Room, 4th Floor, Prachatipok-Rampaipanee
Political Science, Chulalongkorn University, Bangkok

12.30 Registration 

13.00-13.10 
Welcome by Prof. Dr. Amara Pongsapit, Chulalongkorn University

13.10-13.50 
Special remarks by Anand Panyarachun, Former Chairperson, National Reconciliation Commission

13.50-14.50
Discussion on justice in the case of Tak Bai and other human rights violation cases: 
Representatives of victims, relatives and injured
Mr. Anantachai Thaipratan, Former member of the National Reconciliation Commission, Yala
Ms. Janjira Sombunpunsiri, Peace News Centre

14.50-15.00 Break

15:00
Discussion on access to justice and addressing human rights violations in the three southernmost provinces of Thailand

15:30-16:30
Discussion panel
Opening remarks by Prof. Saneh Chamarik, Chairperson, National Human Rights Commission of Thailand

Panelists:
Mr. Surasri Kosonavin, National Human Rights Commissioner
Mr. Sopon Supapong, Member of the National Assembly of Thailand
Mr. Jon Ungphakorn, Former Senator and Prachatai News agency
Ms. Angkhana Neelaphaijit, Chairperson, Working Group on Justice for Peace
A representative of the Rule of Law and Reconciliation Center

16.00-17:00
Open floor and conclusion

Moderator: Assoc. Prof. Dr. Chantana Banpasirichote Wankaew, Chulalongkorn University or Pratybjit Neelaphaijit, Youth Network for Peace

Organised by Chulalongkorn University and the Working Group on Justice for Peace

Contact:
Pornpen Khongkachonkiet, Working Group on Justice for Peace, 02-693-4939
Pratubjit Neelaphaijit, Poltical Science, Chulalongkorn University, 02-218-7294 

Note: There will be an exhibition and book launch at the Jumpot-Pantip Room, 4th Floor, Prachatipok-Rampaipanee, Political Science, Chulalongkorn University


Thank you.


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


Document Type :
Urgent Appeal Update
Document ID :
UP-201-2006
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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.