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UPDATE (Thailand): Paltry compensation for victims of Narathiwat killings, and still no prosecutions
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UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Update on Urgent Appeal
1 April 2005
[Re: UA-143-2004: THAILAND: At least 84 people killed in Southern Thailand on 26 October 2004; UP-65-2004: THAILAND: A list of the victims of the mass killing in Narathiwat province; Immediate international intervention needed; UP-25-2005: THAILAND: Three generals found responsible for mass killing transferred without penalty]?
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UP-36-2005: THAILAND: Paltry compensation for victims of Narathiwat killings, and still no prosecutions
THAILAND: Mass killings; Extrajudicial killings; Collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has heard that the government of Thailand has instructed that families of victims of the mass killing in Narathiwat last October 25 should receive paltry compensation. However, nothing has been mentioned of prosecutions since the three generals found primarily responsible for the killings, including 75 deaths in custody, were let off recently (UP-25-2005).
According to newspaper reports, the government has offered 300,000 Thai baht (US $ 7,500) for 92 dead and missing persons, 80,000 Thai baht (US $ 2,000) for each of the seriously injured and permanently disabled, and 50,000 Thai baht (US $ 1,250) extra for three who need ongoing medical treatment. Fifty-nine less seriously injured persons will get 20,000 Thai baht (US $ 500) each.
The AHRC has stressed from the beginning that compensation is no substitute for prosecution in cases of grave human rights abuse such as the mass killing at Narathiwat, and that it is often used as a pay-off and silence criticism over inaction. It comes as little surprise to find that this is the latest device used by the government of Thailand to dampen-down ongoing dissatisfaction in the aftermath of last year's killings.
Under the current circumstances, the business of giving compensation itself is problematic. Apparently, instructions to make the payments were given by the Prime Minister Dr Thaksin Shinawatra. It is not known how the amounts were set. Ordinarily, it would be the business of the courts to decide matters of compensation, and set types of compensation and amounts to be paid in accordance with domestic law and international standards. However, the government of Thailand has since the moment that these killings occurred attempted to subvert and bypass ordinary judicial procedure.
RELATED COMMENTS ON TRANSPARENCY AND ACCOUNTABILITY
Meanwhile, a former Prime Minister who is heading a National Reconciliation Commission on the conflict in the south of Thailand, Mr Anand Panyarachun, has called on the government to make public the reports on the Krue Se and Narathiwat massacres in April and October of last year. After both events, politically-appointed fact-finding missions submitted findings to the Prime Minister, but in neither case have the details been made public. The Prime Minister has now reportedly order his deputies to consider publishing the reports in full.
In this regard, some comments by the UN Special Rapporteur on extrajudicial killings, Professor Philip Alston, in his annual report to the UN Commission on Human Rights are telling. Professor Alston was refused access to Thailand to investigate the killings and offer assistance to the government in addressing their consequences. In his report to the Commission, Professor Alston notes the reply to his request by the government of Thailand and expresses hope that he will be permitted to visit soon. Further on in his report he makes the following relevant observations:
"Governments which are criticized for violating the right to life under human rights law or for failing to respect humanitarian law by killing civilians who are not directly taking part in hostilities sometimes announce that they have initiated an investigation into the relevant incidents. In such cases it is essential that the results of the investigation be published, including details of how and by whom it was carried out, the findings, and any prosecutions subsequently undertaken. Broad, general statements of findings, or non-disaggregated information as to the number of investigations and prosecutions, are inadequate to satisfy the requirements of accountability in such contexts. Formalistic investigations are almost always the precursors of a degree of impunity." (E/CN.4/2005/7, para. 53)
For the earlier appeals and statements that the AHRC has issued regarding the killings in Narathiwat, please see: UA-43-2004, UP-65-2004, UP-25-2005, AS-43-2004, AS-44-2004, AS-50-2004, AS-64-2004 and AS-07-2005.
SUGGESTED ACTION:
Please send a letter to the Prime Minister. A sample follows.?
Sample letter:
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Dear Dr Thaksin
Re: Compensation for Narathiwat victims, but no prosecution
I have been informed that your government has offered financial compensation to victims of the mass killing in Narathiwat on 25 October 2004. Leaving aside questions over the amount and nature of compensation--which should rightfully be decided by the courts and not your administration--compensation without prosecution will not offer justice to the victims and their families, or solve the deep problems facing the people of southern Thailand. It remains a deep disappointment that the persons identified as having been responsible for the killings, particularly three army generals, have escaped criminal prosecution. Until these people are held to account for their crimes, the matter cannot be closed.
In this regard, I would point to recent comments by both Mr Anand Panuyarachun and the UN Special Rapporteur on extrajudicial killings, Professor Philip Alston.
Mr Anand has urged your government to make public the full reports of the fact-finding commissions established after the Krue Se and Narathiwat killings. I trust that in the interests of public transparency and accountability you will do the same.
Professor Alston for his part has written in his annual report to the UN Commission on Human Rights, which includes a discussion of the Narathiwat killings and your government's response, that
"Governments which are criticized for violating the right to life under human rights law or for failing to respect humanitarian law by killing civilians who are not directly taking part in hostilities sometimes announce that they have initiated an investigation into the relevant incidents. In such cases it is essential that the results of the investigation be published, including details of how and by whom it was carried out, the findings, and any prosecutions subsequently undertaken?Formalistic investigations are almost always the precursors of a degree of impunity." (E/CN.4/2005/7, para. 53, emphasis added)
I trust that you will take into consideration the comments of these two experts and order that the reports into these massacres be published and that the perpetrators be held criminally responsible for their actions. Please do not expect that some paltry sums of money will satisfy the victims' needs for justice.
Yours truly,
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SEND A LETTER TO:
Dr Thaksin Shinawatra
Prime Minister
Government House
Pissanulok Road, Dusit
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +66 2 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th
SEND COPIES TO:
1. Pol. Gen. Chidchai Wanasatidya
Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224 6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: webteam@moi.go.th2. Mr. Suwat Liptapanlop
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
Email: ommoj@moj.go.th3. General Thammarak Isarangura na Ayutthaya
Minister of Defense
Ministry of Defense
Sanamchai Road, Pranakorn district
Bangkok 10200
Tel: +662 226 3114-6
Fax: +662 226 3214
Email: secretary@mod.go.th4. Professor Saneh Chamarik
Chairperson
The 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.th5. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: urgent-action@ohchr.orgThank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Posted on 2005-04-01
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