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UPDATE (Thailand): Three generals found responsible for mass killing transferred without penalty

March 9, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
9 March 2005

[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] 
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UP-25-2005: THAILAND: Three generals found responsible for mass killing transferred without penalty

THAILAND: Mass killings; Extrajudicial killings; Collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is outraged that the three Thai generals identified by a politically appointed inquiry as being responsible for the mass killing of at least 85 persons last October 25 have faced only minor disciplinary action.

The three officers, former Fourth Army Region commander Lt-General Pisan Wattanawongkiri, his former deputy Maj-General Sinchai Nutsathit, and former Fifth Infantry Division commander Maj-General Chalermchai Wirunpeth were found guilty of negligence resulting in the deaths of 78 persons in their custody in Narathiwat province, southern Thailand. 

However, they have not had any disciplinary or criminal action taken against them or any of their subordinates.

According to newspaper reports, the Commander in Chief of the Royal Thai Army General Pravit Wongsuwan said that, "There is no disciplinary penalty for those holding the rank of general, and no disciplinary punishment is being meted out. The three are dedicated soldiers and performed their duties in good faith."

The Interior Minister Bhokin Bhalakula is reported to have said that because the three generals did not intend to kill anyone they should be treated leniently.

The three generals have been moved to inactive posts, but later can apply to take command positions.

In the opinion of the AHRC this is the inevitable disgraceful conclusion of a series of decisions that began with the Prime Minister Thaksin Shinawatra ordering that a special committee take responsibility for inquiring into the killings in Narathiwat. The purpose of that committee, the AHRC has already pointed out, was to achieve nothing. It was aimed at perverting the course of justice and deliberately obstructing judicial agencies from taking the lead role in inquiries. That purpose has now been achieved, as all the perpetrators of this mass killing have escaped responsibility.

The Prime Minister has also consistently blocked any role for the international community in dealing with the killings, and refused the UN Special Rapporteur on extrajudicial, summary or arbitrary executions access to the country.

Leaders in the south of Thailand have said that failure to bring the generals to justice and properly account for the deaths will mean that violence there will continue to escalate.

For the earlier appeals and statements that the AHRC has issued regarding the killings in Narathiwat, please see: UA-43-2004, UP-65-2004, AS-43-2004, AS-44-2004, AS-50-2004, AS-64-2004 and AS-07-2005.


SUGGESTED ACTION:
Please send a letter to the Prime Minister registering strong protest at the failure of his government to hold the perpetrators of this mass killing responsible for any wrongdoing, and for obstructing the judicial agencies from performing their functions and thereby denying justice to the families of the victims.

Sample letter:

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Dear Dr Thaksin,

Re: Failure of government of Thailand to hold the perpetrators of mass killing in Narathiwat responsible for their crimes

I am writing to you to lodge a strong protest at the failure of the government of Thailand to hold the persons responsible for the mass killing in Narathiwat on 25 October 2004 responsible for their crimes.

According to the information I have received, the three senior-most officers, former Fourth Army Region commander Lt-General Pisan Wattanawongkiri, his former deputy Maj-General Sinchai Nutsathit, and former Fifth Infantry Division commander Maj-General Chalermchai Wirunpeth were found guilty of negligence resulting in the deaths of 78 persons in their custody. However, they have not had any disciplinary or criminal action taken against them or any of their subordinates. What is more, the Commander of Chief of the Royal Thai Army and the Interior Minister have spoken in their defence.

This is a disgrace on your nation. I am deeply disturbed that since the time that this tragedy occurred, your government has acted to obstruct justice and conceal the truth. Whereas the judiciary of Thailand should have played a role in investigating the events and prosecuting the perpetrators of the killings from the start, it was denied this opportunity by your government. Attempts by the international community to also play a role, particularly in having the UN Special Rapporteur on extrajudicial, summary or arbitrary executions come to Thailand, were blocked unreasonably.

The 85 or more victims of this event and their families have no hope of justice under the current circumstances. This is a shame on you and your government. All civilised societies will condemn your failure to bring the persons responsible for their loss to account. It is also a deep shame for the people of all of Thailand, and especially those in the south, who will continue to experience worsening violence for as long as your government pursues narrow and aggressive policies towards the region.

I urge you to reconsider the wrongful actions taken by your government in allowing the perpetrators of the mass killing in Narathiwat to escape punishment. The concerned persons must face judicial inquiry and prosecution. The international community, by way of the UN Special Rapporteur on extrajudicial executions, should also be invited to play a role.

Yours truly,


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SEND A LETTER TO:

Dr Thaksin Shinawatra
Prime Minister
Government House
Pissanulok Road, Dusit
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +66 2 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th


SEND COPIES TO:

1. Dr Bhokin Bhalakula
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: webteam@moi.go.th

2. Mr. Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pak Kred, Nonthaburi 11120
THAILAND
Tel: +66 2 502 8223
Fax: +66 2 502 8224
Email: phongthep@moj.go.th

3. General Sampan Bunyanan
Minister of Defense
Ministry of Defense
Sanamchai Road, Pranakorn district
Bangkok 10200
Tel: +662 226 3114-6
Fax: +662 226 3214
Email: secretary@mod.go.th

4. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
Email: commission@nhrc.or.th

5. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: urgent-action@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-25-2005
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.