Thailand: New Government Should Ensure Justice for Tak Bai
Two Years After Killings, No Security Personnel Have Been
Prosecuted
(London, October 24, 2006) – On the second anniversary of the deaths of more
than 80 Muslim protestors after anti-government protests at Tak Bai, Human
Rights Watch and Amnesty International called on Thailand’s new government to
bring to account those responsible for the deaths and injuries sustained
during and after a confrontation with Thai security forces.
Human Rights Watch and Amnesty International also expressed their deep
concern about the killing last week in southern Thailand of a Muslim human
rights defender who had been closely involved in the legal campaign for
justice for the Tak Bai victims.
On October 25, 2004, security personnel from various units were mobilized to
disperse Muslim protesters in front of a police station in Tak Bai district in
the southern province of Narathiwat. Seven protesters were shot dead at the
scene, while 78 others suffocated or were crushed to death as they were being
transported to detention facilities. Some 1,200 people were held in military
custody for several days without appropriate medical attention. As a result,
many protesters suffered severe injuries that required amputation of their
limbs.
No security personnel have ever been held accountable in connection with the
Tak Bai incident, but 58 Muslim protestors were charged for having allegedly
committed criminal offenses.
“Despite overwhelming evidence, the Thaksin government refused to prosecute
those responsible for the deaths and injuries at Tak Bai and to compensate the
victims appropriately,” said Brad Adams, Asia director of Human Rights Watch.
“If Thailand’s new government wants to show that justice in the south is a
priority, then addressing Tak Bai will be a key test.”
The government-appointed fact-finding committee led by Parliamentary Ombudsman
Pichet Soontornpiphit concluded on December 17, 2004 that the methods used in
dispersing the protesters – including the use of firearms and live ammunition
and the use of army conscripts and rangers who lacked experience in dispersing
protesters – were inappropriate and not in conformity with established
international guidelines and practices. In addition, the committee also found
that the commanding officers failed to supervise the transportation of
protesters in custody, leaving the task to be performed by inexperienced
low-ranking personnel. The Fourth Army Region Commander, the Fourth Army
Region Deputy Commander and the Commander of the Fifth Infantry Division were
specifically identified as having failed to properly monitor and supervise the
mission they entrusted to their subordinates.
Thai authorities have provided financial compensation to some Tak Bai victims
and their families. However, Human Rights Watch and Amnesty International
stated that compensation is not enough.
“Giving money to some of the victims does not free Thai authorities from their
responsibility to prosecute those responsible for unlawful killings at Tak Bai
and deaths resulting from appalling ill-treatment during transport,” said
Natalie Hill, deputy director of the Asia Pacific Program of Amnesty
International. “The attorney general’s office should now announce that it will
pursue cases against those security personnel responsible for the deaths and
injuries during and after the protest.”
The urgent need for justice in the South has been highlighted by the killing
of a Muslim human rights defender closely involved in the legal campaign to
demand justice from Thai authorities on behalf of the Tak Bai victims. On
October 20, 2006, Muhammad Dunai Tanyeeno, a 40-year-old village headman, was
shot dead near his home in Mu 1 Jaroh Village, Paiwan sub-district, Tak Bai
district, Narathiwat province. Muhammad Dunai’s murder reportedly came after
he sought to bring some of the victims of the Tak Bai assault and their
families to meet the newly appointed Fourth Army Region Commander. Human
Rights Watch and Amnesty International are deeply concerned by this recent
killing, and call on the authorities to initiate a prompt, impartial,
independent and effective investigation.
Among the Muslim population in Thailand’s southern border provinces, the
killing of Muhammad Dunai Tanyeeno struck another serious blow to their
deteriorating confidence in the legal and judicial process.
Ongoing human rights violations and a climate of impunity are contributing to
an atmosphere in which reconciliation appears elusive and one in which human
rights abuses by armed groups are also increasing. Bombings, shootings and
beheadings of government officials and civilians by armed groups over the past
two years have resulted in hundreds of deaths and injuries. At the same time
resentment of the authorities is reportedly increasing support for the armed
groups. Amnesty International and Human Rights Watch urge armed political
groups to immediately cease all attacks on civilians and other human rights
abuses.
People in the South and domestic and international observers have advised Thai
authorities that a key component of rebuilding confidence in the southern
border provinces is a demonstrable commitment to holding abusive officials
accountable. However, as witnessed in the Tak Bai incident, there has already
been a failure on the part of the justice system to hold suspected
perpetrators of human rights violations to account.
In this regard, Human Rights Watch and Amnesty International urged the repeal
of Thailand’s Emergency Decree on Public Administration in Emergency
Situations, put in place by then Prime Minister Thaksin Shinawatra in July
2005 and renewed on 18 October 2006. Section 17 provides immunity from
criminal, civil, and disciplinary liability for officials acting under the
decree. The burden is placed on the complainant to prove that the officials in
question did not act in good faith, and acted in a discriminatory and
unreasonable manner.
In his inaugural speech, the new Prime Minister General Surayud Chulanont
noted that problems in the southern border provinces were primarily rooted in
the lack of justice.
“We welcome the government’s acknowledgment of this problem,” said Hill. “The
interim government and the military authorities must now take concrete steps
to end the culture of impunity in southern Thailand.”