THAILAND: Alleged torture of two men in southern Thailand
ISSUES: Arbitrary arrest and detention; torture; impunity; emergency regulations
END EMERGENCY DECREE IN SOUTHERN THAILANDhttp://thailand.ahrchk.net/edecree
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the alleged torture of two men after their arbitrary arrest and detention in southern Thailand under the Emergency Decree on January 6 and 9, respectively. They were reportedly assaulted by the authorities in order to make them confess before Chang Hai temple military unit. The authorities neither have so far provided any information to the families nor investigated the torture of the two men.
CASE 1: (name of victim and family members withheld for their security reason)
According to information from the Working Group and Justice for Peace (Thailand), an unidentified group of military on 29 December 2007 arrested Mr. AA in Tambon Boe-rae, SaiBuri district, Pattani province. They did not inform the family members as to where they had taken and were holding Mr. AA. Witnesses said on that 6 January 2008 some military officers took him to his village and asked him to point out a certain place. The officers then took his photo and recorded his statement. Villagers expected it for his pleading guilty. They had also noticed that AA had bruise in his face which seemed to the results of torture.
On January 9, his father received a communication from the authorities at 9am to allow him to visit to the Police Detention at Yala Police Academy, Yala province, where his son was being detained. When his father and the leader of the community visited to the police detention they witnessed the wounds and bruises over his body. According to his father, AA further said that the authorities assaulted him to force him to confess to a crime when they interrogated him at the Chang Hai temple military unit. They did not talk much because the police of the detention cut short their meeting.
According to his father, AA was feeling pain over his entire body, especially his back and to date, no charges have been filed against him. He is currently detained at the Police Detention at Yala Police Adademy, Yala province.
CASE 2: (name of victim and family members withheld for their security reason)
The Chief Officer of SaiBuri district, Pattani province ordered the chief of the village, Moo 3 Tambon Boelae, SaiBuri district on 3 January, 2008 to produce Mr. BB before him. Instead the chief of the village told BB's brother to bring him to the District chief officer. When BB reached the office, the District chief officer sent him to Reab temple military unit, who transferred him to the Chang Hai temple military unit the same day.
On January 6, the military took BB to a mosque at Tambon Boe-rae at the same district at 1:30pm to take pictures and point out the situation of the place. Witnesses said that his wrists was tied and his face was bruised. He is now detained in Ingkayuthboriharn Army Camp, Pattani District.
In the meantime, his relatives have asked the military officers for the accusation against him. However, they have not provided any information so far.
BACKGROUND INFORMATION:
The Emergency Decree over the southern provinces in Thailand was introduced by the former prime minister in mid-2005 as part of a heavy-handed approach to the violent conflict in that part of the country. It grants even wider powers to the army and police than martial law and gives them complete impunity from prosecution for any actions taken under it, prompting the UN Special Rapporteur on extrajudicial killings to say that it makes it possible for them to "get away with murder" (see AHRC-PL-056-2006). Independent bodies that have studied the situation in the south have recommended that it be withdrawn, including the prominent National Reconciliation Commission (read final report).
When the new military regime took power in September, it placed as a top priority solving of the conflict in the south of Thailand, and also mouthed concerns about the need to end the emergency regulations there (AS-255-2006). But this has never happened. Instead, as the violence has continued it has extended the decree twice (see further UP-007-2007).
This case also shows how the Emergency Decree results in torture and other serious human rights abuses. Persons can be detained for up to 30 days without any charge, and they are held outside of conventional detention facilities as they are not yet considered as formally charged. State officers are therefore encouraged to keep detainees in secret locations, and do whatever they like without fear of being prosecuted. (Please refer to: UA-144-2007; AS-024-2007; AS-255-2006; UA-111-2007; UA-034-2007; UA-348-2006)
However, torture is by no means limited to the south of Thailand, and anecdotal evidence suggests that it is widely practiced both by the police and the army across the country. Due to the lack of a law to prohibit torture and no effective victim and witness protection in Thailand, the alleged perpetrators easily intimidate victims not to make complaints, or to withdraw them later. See for example the following cases: UA-410-2006; UA-233-2006; UP-157-2005; UP-137-2005; UP-088-2005. Please also see torture and death of a man in custody in the region: UA-237-2007.
In October 2007, a senior bureaucrat admitted that perhaps 30 per cent of criminal cases in Thailand's courts are fabrications, without any evidence: see AS-261-2006. For instance, in November the case against 58 men accused of causing the military to use force against a protest outside the Tak Bai police station, also in Narathiwat province--which lead to the deaths of some 85 persons, 78 in army custody--was dropped after the state admitted that there was no evidence against them: see AHRC-OL-060-2006.
Although there is a new law and a new office for protection of witnesses and victims, protection is offered only by the police on their own terms. It is ineffective in cases which the security forces are themselves the perpetrators. (See: Protecting witnesses or perverting justice in Thailand, article 2, vol. 5, no. 3, June 2006.)
Article 32 of the new Constitution of Thailand prohibits torture and the government has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). However, there is no specific provision prohibiting torture under the Penal Code of Thailand. The current domestic legal provisions to deal with torture in Thailand fall far short of that envisaged by the CAT, and cannot effectively address the serious endemic torture that the AHRC believes persists in the country.
For full details on the decree and violence in the south visit: http://thailand.ahrchk.net/edecree
SUGGESTED ACTION:
Please write to the concerned authorities to call for a proper criminal investigation and take a leading role in the investigations and prosecutions of the police. Please also demand that the government of Thailand lift the Emergency Decree over the south.
The AHRC writes separate letters to the UN Special Rapporteurs on the Question of Torture calling for the intervention in this case.
To support this appeal, please click here:
SAMPLE LETTER:
Dear __________,
THAILAND: Please Investigate the torture of two men in southern Thailand
Name of victims: withheld for their security reason
Name of alleged perpetrators:
1. An unidentified group of soldiers in Tambon Boe-rae, SaiBuri district, Pattani province
2. Chief Officer of SaiBuri district, Pattani province
Brief details of incident:
1. One was arrested on 29 December 2007, ChangHai temple military unit, SaiBuri district, Pattani province and Yala province; currently detained at Police Detention at Yala Police Adacemy, Yala province
2. another was taken to the Reab temple military unit, where transferred to ChangHai temple military unit on 3 January 2008; currently detained at the Ingkayuthboriharn Army Camp in Pattani District
I am writing to urge the government of Thailand to investigate the torture of two men to bring their perpetrators justice and adequately compensate their families and take actions to prevent similar incidents in the future.
According to the information I have received, an unidentified group of military on 29 December 2007 arrested one man in Tambon Boe-rae, SaiBuri district, Pattani province. The military officers did not inform the place of detention to his family members. Witnesses said on 6 January 2008 that the officers took him to his village asked him to point out a certain place and then, took his photo and wrote down his statement. Witnesses also noticed that he had bruise in his face which seemed to be the results of torture. On January 9, his father received a communication from the authority at 9am to allow him to visit to the Police Detention at Yala Police Academy, Yala province, where his son was detained. When his father and the leader of community visited the detention centre, they witnessed the wounds and bruises over his body. They did not talk much but his son complained severe pain especially his back.
Another case that I have been informed occurred when the Chief Officer of SaiBuri district, Pattani province ordered on 3 January 2008 that the chief of the village, Moo 3 Tambon Boelae in same district to bring a 23 year old man to report to the authority. Instead, the chief of the village told his brother to bring him to the chief officer. When they reached to the office, district chief officer sent the man to Reab temple military unit, who transferred to Chang Hai temple military unit on the same day.
On January 6, the military took him to a mosque at Tambon Boe-rae at the same district at 1:30pm to take pictures and point out the situation of the place. Witnesses said that his wrists was tied and his face was bruised.
I am informed that their families were only informed and able to visit them in 10 days and 6 days after their detention in army custody. The victims and their relatives are in a serious condition to need protection.
This case shows how the Emergency Decree in the southern provinces in Thailand enables the military to abuse its power, and leads directly to torture and other serious human rights abuses. This combined with the fact that there is neither any law prohibiting torture nor any effective witness protection scheme in Thailand, means that the victims are easily intimated to drop their complaints. Although, Thai government signed Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - CAT and provided Article 32 on Constitution 2007 but they did not introduce a related domestic law and such claims have never been materialized.
I therefore urge the government to investigate this torture of two men as soon as possible and provide protection in accordance with the provisions of the Witness Protection Act BE 2546 (2003), as well as medical and psychological treatment and enforce belong to Article 32 on Constitution 2007. An independent investigation should be launched to look into his allegations of torture. If the allegations are proved, the perpetrators should be identified and prosecuted accordingly; those two men also be offered with sufficient compensation. Their cases should be reviewed to determine whether or not any substantial evidence exists upon which to proceed in court. The government should also be given access to all detainees at the Police Detention at Yala Police Acedamy, Yala Province and the Ingkayuthboriharn Army Camp.
Finally, I call for the Government of Thailand to lift the Emergency Decree over the southern provinces, and martial law over the whole of Thailand. The government should also introduce the UN Convention against Torture into domestic law. The recommendations of expert bodies on human rights in Thailand and the conflict in the south, notably the National Reconciliation Commission and the UN Human Rights Council in 2005, should be implemented without further delay.
I look forward to your intervention.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. General Surayud ChulanontInterim Prime Ministerc/o Government HousePitsanulok Road, Dusit DistrictBangkok 10300THAILANDFax: +662 282 8631/ 280 1589/ 629 8213Tel: +662 280 1404/ 3000E-mail: spokesman@thaigov.go.th
2. General Sonthi BoonyaratglinInterim Deputy Prime Ministerc/o Government HousePitsanulok Road, Dusit District,Bangkok 10300THAILANDFax: +662 282 8631/ 280 1589/ 629 8213Tel: +662 280 1404/ 3000
3. Mr. Charnchai LikitjittaInterim Minister of JusticeOffice of the Ministry of JusticeMinistry of Justice Building22nd Floor Software Park Building,Chaeng Wattana RoadPakkred, NonthaburiBangkok 11120THAILANDFax: +662 502 6699/ 6734 / 6884Tel: +662 502 6776/ 8223E-mail: om@moj.go.th
4. Mr. Aree WongarayaInterim Minister of InteriorOffice of the Ministry of InteriorAtsadang RoadBangkok 10200THAILANDFax: +662 226 4371/ 222 8866Tel: +662 224-6320/ 6341E-mail: om@moi.go.th
5. Pol. Gen. Seripisuth ThemiyavetCommissioner-GeneralRoyal Thai Police1st Bldg, 7th FloorRama I, PatumwanBkk 10330THAILANDFax: +66 2 251 5956/ 205 3738/ 255 1975-8E-mail: feedback@police.go.th
6. Mr. Theera Mindrasak Governor, Yala ProvinceMuang DistrictYala 95000THAILANDE-mail: yala@moi.go.th
7. Lt. Gen. Viroj BuacharoonCommanderFourth Army AreaSirinthon Camp, KhaotoomYarang, Pattani 94160THAILANDTel: +66 73 262 598Fax: +66 73 262 572
8. Mr. Pranai SuwanaratDirectorSouthern Border Province Administrative Center (SBPAC)Yala Provincial OfficeMuang District, Yala 95000THAILANDTel/Fax: +66 073 203 802
9. Mr. Chaikasem NitisiriAttorney GeneralOffice of the Attorney GeneralLukmuang BuildingNahuppei RoadPrabraromrachawang, Pranakorn ,Bangkok 10200THAILANDTel: +662 224 1563/ 222 8121-30Fax: +662 224 0162/ 1448/ 221 0858E-mail: ag@ago.go.th or oag@ago.go.th
10. Prof. Saneh ChamarikChairpersonNational Human Rights Commission of Thailand422 Phya Thai RoadPathum Wan DistrictBangkok 10300THAILANDTel: +662 219 2980Fax: +662 219 2940E-mail: commission@nhrc.or.th
11. Mr. Homayoun AlizadehRegional Representative for Asia-Pacific of OHCHRUNESCAPUN Secretariat Building, 6th Fl., Room A-601Rajdamnern Nok Ave.Bangkok 10200,THAILANDTel: +662 288 1496Fax: +662 288 3009
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