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UPDATE (Thailand): More serious allegations of police torture emerge in Thailand

November 15, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
15 November 2004

[RE: UA-153-2004: THAILAND: Two cases of extremely serious torture and cruel and inhuman treatment by Thai police officers]
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UP-71-2004: THAILAND: More serious allegations of police torture emerge in Thailand

THAILAND: Torture; forced confession
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by information we have received regarding further torture inflicted on victims by police in Ayutthaya province, Thailand. The AHRC released an urgent appeal last Friday, 12 November 2004 (UA-153-2004) regarding two cases of extremely serious torture and cruel and inhuman treatment by police in Thailand, including at two police stations in Ayutthaya province, just north of Bangkok.

Since then, the AHRC has heard that the relatives of four young men have come forward to also complain of torture and forced confessions by police at Phra Nakhon Si Ayutthaya Police Station. The details as available at present are as follows

Victims:
1. Anek Yangnuek, 24; Complainant: Yont Chamnongsab, 47, mother of victim, residing in Soi Thong subdistrict, Taklee district, Nakhon Sawan province
2. Metta Sipan, 24; Complainant: Rattanawalee Saipan, 28, brother of victim, residing at Soi Ramkhamhaeng, Hua Mak, Bang Kapi district, Bangkok
3. Adisak Boonklam, 24; Complainant: Lakkhanang Boonklam, 26, sister of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
4. Sujit Rachamontri, 22; Complainant: Somkuan Rachamontri, 51, mother of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
Alleged perpetrators: Police officers of the Phra Nakhon Si Ayutthaya Police Station
Date of incident: 9 September 2004

According to the four complainants mentioned above, their relatives (children or brothers) were all arrested on 9 September 2004 on charges of gang robbery. After they were arrested, they were allegedly beaten up in order to extract confessions. Somkuan Rachamontri has also alleged that the police electrocuted her son. The four men are still in custody.

Meanwhile, according to unconfirmed reports, at least ten cases of torture may have emerged from Ayutthaya province in recent days, after publicity over the case of Mr Ekkawat Srimanta, who was brutally tortured in two police stations, including having electric shocks applied to his penis and testicles (see UA-153-2004).

Regarding this case, Pol. Maj-Gen. Wanchai Tanadkit, the provincial chief of police, has reportedly stated that the victim "must be responsible for his own treatment but he can sue for compensation". While domestic law allows for the payment of compensation through legal action, this should not be considered a substitute for payment of medical expenses. The AHRC strongly urges the police department to pay for the physical and psychological rehabilitation of the victims in all torture cases for which it is responsible. 

Additionally, the AHRC is concerned for the physical safety of the persons now coming forward to allege police torture. Apart from the possibility of threats from the police themselves, at least 300 people, including family members, are reported to have protested against the transfer of the 23 officers in the case of Mr Ekkawat. Therefore, the authorities must take the necessary steps to secure the safety of the complainants in each of these cases.


SUGGESTED ACTION:

With growing numbers of reports of torture by the police in Thailand, we ask you to pressure the relevant authorities to act on these cases. Please write to the Minister of Justice calling on him to follow-up on the case mentioned above, and to take steps to see the UN Convention against Torture ratified by Thailand and introduced into the domestic law.

Sample letter:

Dear Mr Pongthep

Re: Ayutthaya Police alleged to have extracted confessions by torture on September 9

Victims:
1. Anek Yangnuek, 24; Complainant: Yont Chamnongsab, 47, mother of victim, residing in Soi Thong subdistrict, Taklee district, Nakhon Sawan province
2. Metta Sipan, 24; Complainant: Rattanawalee Saipan, 28, brother of victim, residing at Soi Ramkhamhaeng, Hua Mak, Bang Kapi district, Bangkok
3. Adisak Boonklam, 24; Complainant: Lakkhanang Boonklam, 26, sister of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
4. Sujit Rachamontri, 22; Complainant: Somkuan Rachamontri, 51, mother of victim, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province
Alleged perpetrators: Police officers of the Phra Nakhon Si Ayutthaya Police Station
Date of incident: 9 September 2004

I write to express my deep concern regarding recent reports of torture by police in Thailand, with particular reference to the above-mentioned case from Ayutthaya province, and ask that you take a leading role in addressing this matter.

According to the information I have received, the four complainants mentioned above were all arrested on 9 September 2004 on charges of gang robbery. After they were arrested, they were allegedly beaten up in order to extract confessions. Ms Somkuan Rachamontri has also alleged that the police electrocuted her son. The four men are still in police custody.

Meanwhile, according to unconfirmed reports, at least ten cases of torture may have emerged from Ayutthaya province in recent days, after publicity over the case of Mr Ekkawat Srimanta.

Regarding that case, I understand that Pol. Maj-Gen. Wanchai Tanadkit, the provincial chief of police, has reportedly stated that the victim "must be responsible for his own treatment but he can sue for compensation". While domestic law allows for the payment of compensation through legal action, this should not be considered a substitute for payment of medical expenses. I therefore strongly urge you to take steps to see that the police department to pay for the physical and psychological rehabilitation of the victims in all torture cases for which it is responsible. 

Additionally, I am concerned for the physical safety of the persons now coming forward to allege police torture. I urge the authorities to take the necessary steps to secure the safety of the complainants in each of these cases.

A thorough and independent investigation by the Office of the Attorney General and the Department of Special Investigation must be conducted into each of these cases. It is neither appropriate nor satisfactory to have merely internal investigations into these matters. If it is found that police officers have indeed tortured victims, then full legal action must be taken against these officers.

Finally, I urge the government of Thailand to ratify the UN Convention against Torture and introduce it into domestic law. I am informed that you have spoken out strongly against police torture in recent days, and welcome this. As the Constitution of Thailand already prohibits torture, I see no reason as to why your government would not seek to ratify the Convention against Torture and bring it into domestic law. I trust that you will be doing your utmost to achieve this result.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

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

PLEASE SEND COPIES TO:

1. Mr. Thaksin Shinawatra
Prime Minister
Government House,
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +662 282 8631
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th

2. Dr Bhokin Bhalakula
Minister of Interior
Ministry of Interior
Thanon Atsadang
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226-4371/ 222 8866
Email: webteam@moi.go.th

3. Pol. Gen. Kovit Watthana
Commissioner-General
Royal Thai Police
Rama I , Patumwan,
Bangkok 10330
THAILAND
Tel. +662 205-1313/ 205-220/ 205-1840-9
Fax: +662 251-5956/ 205 3738/ 255 1975-8

4. Professor Saneh Chamarik
Chairperson
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. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-71-2004
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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.