Extrajudicial killing; arbitrary arrest and detention; impunity; emergency decree

THAILAND: Custodial death of a man in military camp in Southern Thailand

ISSUES: Extrajudicial killing; arbitrary arrest and detention; impunity; emergency decree
Dear friends,
The Asian Human Rights Commission (AHRC) has been informed of the death of a man in a military camp in southern Thailand on 21 March 2008. Five other arrestees were transferred to another camp after this incident. The AHRC calls for a thorough police investigation and prosecution of those responsible.

CASE DETAILS:

According to the information received, at 4:30am on 19 March 2008, police from Rueso District Police Station and military personnel belonging to the 39th Military Task Force Unit stationed in Southern Thailand went to the BaHoe village. They surrounded the village and started to search each house where they arrested Mr. Rayu Korkor. After interrogating him, the authorities claimed that he was involved in making bombs in Kortor village. Then, they went to Kortor village, RueSor sub-district, RueSor district, Narathiwat province and arrested five other persons including a father and two sons of the same family.

They failed to show a warrant and recover any materials related to making bombs in the village. However, they took all six persons to the military camp of the 39th Task Force Unit stationed at RueSor district in Narathiwat province by military vehicle. The relatives of the arrested went to see them in the camp but they were not allowed to meet and talk with them.

On March 21, when their relatives again went to see the arrestees, the two sons told them that their father, Mr. Yapa Koseng died in custody.

The charges against the arrestees have not been given to their relatives and no investigation into the death of Mr. Yapa Koseng has been conducted.

BACKGROUND INFORMATION

This incident demonstrates the total impunity with which Thai security forces are operating under the Emergency Decree in the south. The decree was introduced by the former prime minister mid-2005 as part of a heavy-handed approach to the violence in that part of the country, and it grants the army and police even greater powers than under martial law. They cannot be prosecuted for any actions taken under it (see AHRC-PL-056-2006 and read final report).

This case also shows how the Emergency Decree results in serious human rights abuses. State officers are therefore encouraged to keep detainees in secret locations, where they can do whatever they like without fear of being prosecuted. (Please refer to: UA-237-2007, UA-144-2007, AS-024-2007, AS-255-2006, UA-111-2007, UA-034-2007, UA-348-2006)

Even though other cases of custodial death have been reported, neither alleged perpetrators have been prosecuted nor remedies to the victim's relatives provided. (see UA-237-2007 and UA-136-2007).

In October 2007, a senior bureaucrat admitted that around 30 per cent of criminal cases in Thailand's courts were probably fabrications (see AS-261-2006). For instance, in November there was a case against 58 men, who were accused of provoking military force during a protest in Narathiwat province--in which some 85 persons (78 in army custody) died. The case was dropped after the state admitted that there was no evidence against them (see AHRC-OL-060-2006).

For full details on the decree and violence in the south visit:

http://thailand.ahrchk.net/edecree

SUGGESTED ACTION:

Please write to the following authorities below and ask them to investigate the alleged custodial death of Mr. Yapa Koseng after the illegal arrest and detention.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Extrajudicial, Summary or Arbitrary Executions calling for an intervention in this case.

To support this appeal, please click here:
SAMPLE LETTER:


Dear __________,


THAILAND: Custodial death of a man in military camp in Southern Thailand

Details of death:



1. Mr. Yapa Koseng, 56 years old, imam in a mosque, Kortor village, RueSor sub-district, RueSor district, Narathiwat province; died on March 21 in the military camp of the 39th Task Force Unit stationed in RueSor district, Narathiwat provinceDetails of the detainees:

1. Mr. Anan Koseng, 25 years old, son of Mr. Yapa Koseng, Kortor village, RueSor sub-district, RueSor district, Narathiwat province

2. Mr. Arming Koseng, 29 years old, son of Mr. Yapa Koseng, Kortor village, RueSor sub-district, RueSor district, Narathiwat province

3. Mr. Sukri Salae, 31 years old, Kortor village, RueSor sub-district, RueSor district, Narathiwat province

4. Mr. Masakri Layee, 21 years old, Kortor village, RueSor sub-district, RueSor district, Narathiwat province

5. Mr. Rayu Korkor, 18 years old, BaHoe village, RueSor sub-district, RueSor district, Narathiwat province

Currently detained at: Ingkayuthboriharn camp in Pattani ProvinceName of alleged perpetrators: police from Rueso District Police Station and military personnel belonging to the 39th Military Task Force UnitDate of incident: Since 19 March 2008 to date

I am writing to voice my deep concern regarding the custodial death of Mr. Yapa Koseng and illegal arrests and detention of the abovementioned persons.

According to the information I have received, military personnel raided two villages in southern Thailand and illegally arrested and detained the persons mentioned above and took them to a military camp of the 39th Task Force Unit stationed in RueSor district, Narathiwat province. I am informed that it is alleged that Mr. Yapa Koseng died while he was in the military camp and the other five arrestees were transferred to the Ingkayuthboriharn camp in Pattani Province.

In light of above, I urge you to thoroughly investigate the alleged custodial death of Mr. Yapa Koseng so that the facts can be revealed and the perpetrators if there are any can be brought to justice without delay.

In this regard, I point out that Section 150 of the Criminal Procedure Code of Thailand requires the full investigation of the death of any person who has died in custody in the presence of a medical doctor and public prosecutor. I also urge that the family of the victim be compensated properly in accordance with the provisions of the Compensation for Victims of Crime Act BE 2544 (2001).

The families of detainees at the Ingkayuthboriharn Army Camp, Pattani Province and the Police Detention unit at Yala Police Acedamy, Yala Province should also be given full access to them.

Finally, I call for the Government of Thailand to lift the Emergency Decree and martial law provisions overshadowing the southern provinces. It 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 seeing your intervention on this matter.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Mr. Samak SundaravejPrime 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 Anupong PhaochindaChief, Internal Security Operations Commandc/o Government HousePitsanulok Road, Dusit District,Bangkok 10300THAILANDFax: +662 282 8631/ 280 1589/ 629 8213Tel: +662 280 1404/ 3000

3. Mr. Sompong AmornwiwatMinister 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. Chalerm Yoobumrung 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. Mr. Noppadon PattamaMinister of Foreign Affair Office of the Minister of Foreign Affair 443 Sri Ayudhya RoadBangkok 10400THAILANDTel: +662 643 5333