PRESS RELEASE
AHRC-PL-042-2006

THAILAND: Inability of investigating officer in Tak Bai case to identify defendants or evidence "bizarre", AHRC says

(Hong Kong, June 15, 2006) The Asian Human Rights Commission (AHRC) has described as "bizarre" the inability of a chief investigator in southern Thailand to identify in court on Wednesday any of 58 accused or evidence against them in the Tak Bai protest case.

Pol. Col. Sommai Putthakul, who when the incident occurred on 25 October 2004 was the superintendent at Tak Bai District Police Station, told the Narathiwat Provincial Court that he could not remember or identify any of the defendants.

Pol. Col. Sommai also told the court under cross-examination that although he was a member of the investigating team into the incident, he did not know what evidence had been used to charge the accused.

However, he told the court that the incident had caused 186,446 Thai baht (USD 4850) in damage.

When asked about the nature of the damage, he acknowledged that most of it was bullet holes, which were caused by weapons used by the security forces.

The police, army and other agencies responded to the protest with overwhelming violence that resulted in 85 deaths, 78 of them while in custody, which attracted international attention and condemnation. More than a thousand persons were arrested, out of whom the 58 on trial were charged, while the remainder was sent for "reeducation" at army camps or released.

No government official has ever been held accountable for the killings. Pol. Col. Sommai, who was a lieutenant-colonel at the time, was later promoted.

When asked by a defence attorney if he was aware that the Tak Bai incident had been reported as a human rights violation, Pol. Col. Sommai said that he did not know this.

"How can a case go to court where a chief investigator and witness cannot identify the accused, the evidence, or virtually any other factual points related to the case?" Basil Fernando, executive director of the AHRC, asked.

"Whereas the courts should be hearing cases against the police and army officers responsible for the mass killings that occurred in 2004, instead there is this bizarre pantomime," Fernando said.

"The court should consider exercising its power to close the case and cease this needless pursuit of the accused, in view of the chief witnesses' inability to reveal anything about the case, and the constant delays that they have caused in what can only be described as a deliberate attempt to damage the court's authority and pervert justice," he said.

The Narathiwat permanent secretary, Niphon Narapitakul, failed to appear in court on Wednesday and Thursday, as he had to go to Bangkok for work.

Earlier Pol. Col. Sommai had also not appeared on a similar pretext, and the first witness, Lt. Gen. Pisarn Wattanawongkiri, former commander of the Fourth Army Region, could not be found in order to be summonsed.

The AHRC said in a statement released on Thursday that the Thai courts should not tolerate government officials who excuse themselves from appearing as witnesses because they have other duties.

The Hong Kong-based human rights group pointed out that sections 30 and 241 of the 1997 Constitution of Thailand guarantee all persons equality before the law and the right to a speedy and continuous trial.

"The consistent failure of witnesses to appear before the court is a violation of these constitutional rights. The violation is made worse when the witnesses failing to appear are state officers. And it is especially bad when the witnesses are senior officials, as in this case," it said.?

"In no modern jurisdiction can there be an excuse for the non-appearance of a witness in court other than due to serious illness, death or other unavoidable circumstances," the AHRC added.

It described the appearance of a witness in court as "the first and foremost duty" of both the witness and the court.

"The fact that a state official has many other duties is no excuse at all. It is unacceptable," the group concluded.

The AHRC urged courts in Thailand to require the attendance of all witnesses and give orders for compensation of parties that are inconvenienced when they do not appear.

It also urged the Lawyers Council of Thailand and National Human Rights Commission of Thailand to take action to address the problem, which is known to be widespread.

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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.