URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

13 December 2006
------------------------------------------------------
UA-398-2006: THAILAND: Three army officers identified as responsible for killings

THAILAND: Extrajudicial killings; impunity
-------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that a court in Thailand has identified three army officers as responsible for the killing of 28 persons inside the Krue Se Mosque on 28 April 2004. The court verdict, in a post mortem inquest, now opens the way for criminal charges to be lodged against the three. However, your assistance is needed to see that the police and public prosecutor do their jobs, particularly at this time that the authorities in Thailand are under heavy intimidation from the military. Meanwhile, despite the dropping of charges against 58 innocent persons in the infamous Tak Bai case, no charges have yet been laid against any of the military and government officers responsible for the mass deaths in custody and other gross abuses committed there.

To recall, on 28 April 2004 at least 107 young men were killed in a series of clashes with security forces in southern Thailand, including some 32 at the Krue Se Mosque, apparently after they had laid down their arms (AS-011-2004). The killings were a precursor to the mass killing after the Tak Bai police station protest in Narathiwat that October (http://thailand.ahrchk.net/takbai). On 3 August 2004 a politically-appointed inquiry recommended compensation to the victims and the pursuit of judicial inquiries; however, no further action was ever taken (AS-024-2006). This inquiry was followed by a similar arrangement for the Tak Bai killings, which likewise ended in nothing (AS-007-2005). A summary of the findings of both reports can be found on the website of The Nation newspaper: http://www.nationmultimedia.com/specials/takbai/index.htm.

Meanwhile, in July 2004 the Pattani provincial police submitted their investigation files to the public prosecutor, who in August moved for a post mortem inquest into the deaths of the 32 persons at the mosque as required by law. The inquest is to determine who was killed, and when where and how they were killed. It is a judicial procedure that precedes a full trial and does not hold any person or persons as liable for the deaths.

The inquest began in the Pattani Provincial Court in November 2004 and was completed in September 2006. On 28 November 2006 the judge held that out of the 32 persons, four had been killed in fighting with police at a nearby checkpoint. However, the remaining 28 persons had fled to the Krue Se Mosque and had hidden inside and were armed only with knives. The military subsequently stormed the mosque and killed all 28 of the persons there. A full list of the victims follows. It was widely reported that they had been killed execution-style after surrendering. The court identified the three officers responsible for the killings as:

1. General Pallop Pinmanee
2. Colonel Manas Kongpan
3. Lieutenant Colonel Tanaphat Nakchaiya

The verdict of the court now opens the way for criminal investigations and prosecutions of these three officers. The findings of the court must be sent back to the police for further action. However, this will not happen automatically. In Thailand, ranking military officers are generally above the law, and as the country is currently under a military-appointed administration it will be particularly difficult to bring these persons to trial. For this reason, your assistance is needed.

General Pallop in particular is an extremely powerful and notorious officer who was in August 2006 was removed from his position after being linked to an alleged bomb plot against the then caretaker prime minister Pol. Lt. Col. Thaksin Shinawatra. At the time General Pallop said in his defence that he had led death squads earlier in his career and that if he had been behind such a plot then the caretaker prime minister would have been dead.

The case of the 85 persons killed after the Tak Bai protest is also indicative of the impunity enjoyed by army officers in Thailand. Although the interim prime minister has apologised for the incident and the needless prosecution of 58 innocent persons, which has now been stopped, no criminal investigations have been commenced against any of the military and government officials responsible (AHRC-OL-060-2006). Neither has there been any indication given by the current government that it intends to take action in that case.

FULL LIST OF VICTIMS

The 28 men identified by the court as having been killed inside the mosque:
1. Sakareeya Yusoe
2. Roesuere Dorlhor
3. Tuerasae Hayeedorlhor
4. Nhu Dorlhormae
5. Wasaree Larmae
6. Tuewaedaoh Tuewaeluemoh
7. Imrorhame Bootadsa
8. Baharuting Salae
9. Maesalae Kasor
10. Masorlae Salae
11. Ma Air Halee
12. Abdulroza Luboh
13. Sainudin Mahamad
14. Abdulloh Lawae
15. Sansudin Kalor
16. Adul Lamae
17. Unidentified man aged around 30
18. Abdulrasi Mama
19. Abdulloh Wanglee
20. Wama Mataelae
21. Lama Air Latae
22. Abdulloh Salaeman
23. Sulkiplee Jintra
24. Asree Toewae
25. Sakareeya Salae
26. Dolreeyah Taesulong
27. Isman Etae
28. Mayalee Dorloh

The four men identified by the court as having been killed at the nearby checkpoint:
1. Hama Salae
2. Nasamee Doetae
3. Muhammad Salae
4. Ibrohim Zalae

SUGGESTED ACTION:

Please write a letter to the Attorney General of Thailand calling for the pursuit of criminal charges against the three military officers identified as responsible for 28 deaths at Krue Se. It is the responsibility of the public prosecutor now to return the case to the police for further action. Please also call for criminal action to be taken against the officials responsible for the deaths following the Tak Bai protest.

To support this appeal, please click:

Suggested letter:

Dear __________,

THAILAND: Decision of Pattani Provincial Court in post-mortem inquest of Sakareeya Yusoe & 31 others (Black No. Chor 4/2547)

I am writing to you with regards to the 28 November 2006 judgment of the Pattani Provincial Court in the case of Mr. Sakareeya Yusoe & 31 others (Black No. Chor 4/2547).

According to the information I have received, the court found, further to the application of the public prosecutor under section 150(5) of the Criminal Procedure Code of Thailand, that three officers of the Royal Thai Army were responsible for giving the orders that caused the deaths of 28 persons inside the Krue Se Mosque at 2pm on 28 April 2004. The three army officers were identified as:

1. General Pallop Pinmanee
2. Colonel Manas Kongpan
3. Lieutenant Colonel Tanaphat Nakchaiya

Under section 150(11) the court must return its findings to the public prosecutor, who is responsible to initiate further criminal inquiries. I am therefore writing to you to ascertain what further action is being taken in this case.

The finding of the court clearly points the way for the beginning of criminal action against the three abovementioned officers, and I look forward to the news that criminal proceedings are being initiated. I assure you that I will be closely observing the actions of the public prosecutor to see that that is the case.

I take this opportunity to note that until now none of the families of the deceased persons has obtained any compensation from the state.

And I also wish to mention that although the interim prime minister, General Surayud Chulanont, has apologised for the deaths and injuries caused to protestors outside the Tak Bai District Police Station on 25 October 2004, and your office has halted the criminal prosecution of 58 innocent persons charged in connection with that incident, to date no state officer has ever been held to account for those deaths. I therefore also take this opportunity to ask you what action, when, will be taken in this regard.

In closing I wish to remind you of a concluding recommendation of the UN Human Rights Committee to the government of Thailand in 2005:

"The Committee is concerned at the persistent allegations of serious human rights violations, including widespread instances of extrajudicial killings and ill-treatment by the police and members of armed forces, illustrated by incidents such as the Tak Bai incident in October 2004 [and] the Krue Se mosque incident on 28 April 2004... The State party [Thailand] should conduct full and impartial investigations into these and such other events and should, depending on the findings of the investigations, institute proceedings against the perpetrators. The State party should also ensure that victims and their families, including the relatives of missing and disappeared persons, receive adequate redress..." (CCPR/CO/84/THA, 28 July 2005, para. 10, underline added)

As you will be aware, at this time Thailand's international reputation for democracy and human rights has been gravely damaged by the resumption of power by the armed forces on September 19, and subsequent steps taken to curtail fundamental rights in the country, not least of all the abrogation of the 1997 Constitution. Whereas the interim government has sought to create the appearance that it is acting on past abuses, in fact it is doing so very selectively and only with regards to those where the former administration can be held responsible. The killings of 2004 at Krue Se and Tak Bai remain a special challenge, particularly at this time, in view of the fact that the key perpetrators were Royal Thai Army personnel. Therefore, I and many other persons around the world are closely watching developments in these cases upon which to measure the extent to which the interim administration is either sincere or hypocritical about its voiced commitments to the rule of law and human rights.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTER TO:

Mr Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th

PLEASE SEND COPIES TO:

1. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th?lt;/font>

2. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th

3. Mr. Nitya Pibulsonggram
Interim Minister of Foreign Affairs
Ministry of Foreign Affairs
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5320
Tel: +662 643 5333
Email: ommfa@mfa.go.th or permsec@mfa.go.th

4. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th?lt;/font>

5. Professor Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)