UPDATE (Thailand): Three generals found responsible for mass killing transferred without penalty 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-25-2005
ISSUES:

[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]

Dear friends,

The Asian Human Rights Commission (AHRC) is outraged that the three Thai generals identified by a politically appointed inquiry as being responsible for the mass killing of at least 85 persons last October 25 have faced only minor disciplinary action.

The three officers, former Fourth Army Region commander Lt-General Pisan Wattanawongkiri, his former deputy Maj-General Sinchai Nutsathit, and former Fifth Infantry Division commander Maj-General Chalermchai Wirunpeth were found guilty of negligence resulting in the deaths of 78 persons in their custody in Narathiwat province, southern Thailand.

However, they have not had any disciplinary or criminal action taken against them or any of their subordinates.

According to newspaper reports, the Commander in Chief of the Royal Thai Army General Pravit Wongsuwan said that, “There is no disciplinary penalty for those holding the rank of general, and no disciplinary punishment is being meted out. The three are dedicated soldiers and performed their duties in good faith.”

The Interior Minister Bhokin Bhalakula is reported to have said that because the three generals did not intend to kill anyone they should be treated leniently.

The three generals have been moved to inactive posts, but later can apply to take command positions.

In the opinion of the AHRC this is the inevitable disgraceful conclusion of a series of decisions that began with the Prime Minister Thaksin Shinawatra ordering that a special committee take responsibility for inquiring into the killings in Narathiwat. The purpose of that committee, the AHRC has already pointed out, was to achieve nothing. It was aimed at perverting the course of justice and deliberately obstructing judicial agencies from taking the lead role in inquiries. That purpose has now been achieved, as all the perpetrators of this mass killing have escaped responsibility.

The Prime Minister has also consistently blocked any role for the international community in dealing with the killings, and refused the UN Special Rapporteur on extrajudicial, summary or arbitrary executions access to the country.

Leaders in the south of Thailand have said that failure to bring the generals to justice and properly account for the deaths will mean that violence there will continue to escalate.

For the earlier appeals and statements that the AHRC has issued regarding the killings in Narathiwat, please see: UA-43-2004UP-65-2004AS-43-2004AS-44-2004AS-50-2004AS-64-2004 and AS-07-2005.

SUGGESTED ACTION:
Please send a letter to the Prime Minister registering strong protest at the failure of his government to hold the perpetrators of this mass killing responsible for any wrongdoing, and for obstructing the judicial agencies from performing their functions and thereby denying justice to the families of the victims.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Dr Thaksin,

Re: Failure of government of Thailand to hold the perpetrators of mass killing in Narathiwat responsible for their crimes

I am writing to you to lodge a strong protest at the failure of the government of Thailand to hold the persons responsible for the mass killing in Narathiwat on 25 October 2004 responsible for their crimes. 

According to the information I have received, the three senior-most officers, former Fourth Army Region commander Lt-General Pisan Wattanawongkiri, his former deputy Maj-General Sinchai Nutsathit, and former Fifth Infantry Division commander Maj-General Chalermchai Wirunpeth were found guilty of negligence resulting in the deaths of 78 persons in their custody. However, they have not had any disciplinary or criminal action taken against them or any of their subordinates. What is more, the Commander of Chief of the Royal Thai Army and the Interior Minister have spoken in their defence. 

This is a disgrace on your nation. I am deeply disturbed that since the time that this tragedy occurred, your government has acted to obstruct justice and conceal the truth. Whereas the judiciary of Thailand should have played a role in investigating the events and prosecuting the perpetrators of the killings from the start, it was denied this opportunity by your government. Attempts by the international community to also play a role, particularly in having the UN Special Rapporteur on extrajudicial, summary or arbitrary executions come to Thailand, were blocked unreasonably. 

The 85 or more victims of this event and their families have no hope of justice under the current circumstances. This is a shame on you and your government. All civilised societies will condemn your failure to bring the persons responsible for their loss to account. It is also a deep shame for the people of all of Thailand, and especially those in the south, who will continue to experience worsening violence for as long as your government pursues narrow and aggressive policies towards the region. 

I urge you to reconsider the wrongful actions taken by your government in allowing the perpetrators of the mass killing in Narathiwat to escape punishment. The concerned persons must face judicial inquiry and prosecution. The international community, by way of the UN Special Rapporteur on extrajudicial executions, should also be invited to play a role. 

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.thgovspkman@mozart.inet.co.th


SEND COPIES TO:

1. Dr Bhokin Bhalakula
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.th

2. Mr. Pongthep Thepkanjana
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: phongthep@moj.go.th

3. General Sampan Bunyanan
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.th

4. 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.th

5. 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.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Update
Document ID : UP-25-2005
Countries : Thailand,