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UPDATE (Thailand): Arrest warrant issued against a local politician for the murder of Charoen Wat-aksorn

July 21, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 22 July 2004

(UA-76-2004: THAILAND: A prominent environmentalist Charoen Wat-aksorn murdered and an independent investigation required)
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UP-40-2004: THAILAND: Arrest warrant issued against a local politician for the murder of Charoen Wat-aksorn

THAILAND: Murder of human rights defender
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that The Prachuap Khiri Khan criminal court on 20 July 2004 approved a warrant for the arrest of Provincial Administrative Organisation member Manot Hinkaew on charges of involvement in the murder of environmental activist Charoen Wat-aksorn. Pol Maj-Gen Yutthana Thaipakdee, deputy chief of Police Region 7 and in charge of leading the investigation, said the warrant has been issued for the arrest of the politician after evidence showed he was linked to the murder, after the Special Investigation Department (SID) has established links between the murder and the campaign he led against alleged encroachment on public land. The police has however not yet been able to arrest the suspect as he had left his house, and his whereabouts remain unknown. Charoen led protests against two power plant projects and the day he was killed, on 21 June 2004, he had just returned from giving testimoney before a senate panel in Bangkok about an alleged land scam in Tambon Bo Nok.

Earlier this month, Manot's brother Thanu Hinkaew was charged for conspiracy for the alleged the murder, but was released on a 5-million Bhat bail. Police have however arrested two suspected gunmen aides to Mr Thanu Hinkaew, namely Saneh Lekluan and Prachuap Hinkaew, who allegedly have confessed that they had shot the activist.

Charoen's family continues to request the Justice Ministry's Special Investigation Department (SID) to take over the investigation from the local police to ensure an independent investigation. On 19 July 2004 Charoen's wife Korn-uma Pongnoi joined some 300 other Bo Nok villagers from Prachuap Khiri Khan gathering at the Criminal Court to call for the SID to take over the case.

AHRC calls for your immediate action on this very serious matter. Please send a letter to the Thai government and demand that the SID takes over the case from the local police to ensure that an independent investigation is launched without further delay. Please also call on the authorities to swiftly allocate Manot Hinkaew and bring him to justice. Thirdly, the two gunmen that were arrested by the police need to be properly investigated and prosecuted.

You can see the sample letter and contact information of local authorities in UA-76-2004

BRIEF REMINDER:

Prominent environmentalist Charoen Wat-aksorn was shot dead by two gunmen on the night of 21 June 2004. The gunmen remain at large. The autopsy found that seven bullets, three of which had penetrated his head and face, had been fired at him.

Charoen had for a decade led a high-profile protest against the Bo Nok coal-fired power plant project in Prachuap Khiri Khan. When he was killed, he had just returned from Bangkok where he had asked the House Committee on Corruption Investigation to investigate into allegations that local officials illegally issued land title deeds on public land plot in Prachuap Khiri Khan.

Charoen's wife and human rights groups continue to demand that Charoen's case is handled by the Justice Ministry's Special Investigation Department (SID) for an independent investigation and not by local police.

Thai Prime Minister Thaksin Shinawatra however refused this request and instead he merely instructed the Bangkok police to assist the local police in the investigation and added that he would personally monitor police probes into the killing.

During the last three years in Thailand under the current administration, have 16 human-rights defenders and environmentalists been killed or gone missing. In addition, 3,000 people have been killed in the Thai government's war on drugs in 2003, and in the deep South about 200 people were killed earlier this year.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Document Type :
Urgent Appeal Update
Document ID :
UP-40-2004
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.