UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

11 May 2007

[RE: UA-398-2006: THAILAND: Three army officers identified as responsible for killings; UP-028-2007: THAILAND: No progress into prosecution of army officers for killings]
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UP-069-2007: THAILAND: General responsible for killings not prosecuted but reinstated

THAILAND: Extrajudicial killing; impunity; declining rule of law; military dictatorship
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Dear friends,

The Asian Human Rights Commission (AHRC) is very concerned about the lack of progress in the investigation prosecution of three army officers identified by a court as responsible for the killing of at least 28 young men. Meanwhile, one of the officers, General Pallop Pinmanee, is reportedly going to be reappointed to a central command post under the head of the military junta that took power in Thailand last September.

UPDATED INFORMATION:

As reported previously, in a court inquest completed in 2006, General Pallop, together with Colonel Manas Kongpan and Lietenant Colonel Tanaphat Nakchaiya, were found to be responsible for some 28 deaths at the Krue Se Mosque in April 2004 (UA-398-2006). Although the state had a legal obligation to start a criminal inquiry of the three, there is no evidence of any progress towards prosecution since the end of the inquest. The AHRC has been very concerned about the case, and we wrote to the Attorney General in March to enquire its development, but still there have been no updates (UP-028-2007).

While the investigation seems inert, according to news reports General Pallop is going to be reappointed to the Internal Security Operations Command (ISOC), of which he was a deputy under the former prime minister, Thaksin Shinawatra, before being removed over allegations that he masterminded a bomb plot against Thaksin. He was also deputy director in 2004, at the time of the killings over which he should already have been charged.

The ISOC is a cold-war era anti-communist agency that has been revived by General Sonthi Boonyaratglin, the leader of the 19 September 2006 coup, to oversee all security and investigating agencies. It has had its budget and powers increased enormously in recent months, and General Sonthi has made clear that he will stay on as ISOC chief even after a new government is elected. It is apparent that the military intends to restore ISOC to its former position as an institution to control and intimidate other agencies in Thailand, and prevent the rule of law and human rights from fully emerging there.

In Thailand, military officers usually enjoy impunity and now it is even more difficult to bring them to trial as the country is under a military-appointed administration.

SUGGESTED ACTION:

Please write to the interim prime minister, and ask him to suspend the appointment of General Pallop until criminal investigations and prosecution over the Krue Se Mosque killings are concluded. Please also enquire into the progress of the case, and for an impartial and speedy inquiry and trial.

To support this appeal, please click here:

Sample letter:

Dear ________,

THAILAND: Deny appointment of General Pallop to any official position until criminal investigation and prosecution over Krue Se killings are completed

I am writing to express my concern over the reported reappointment of General Pallop Pinmanee to the Internal Security Operations Command (ISOC), even though a criminal investigation is pending against him.
 
I am aware that General Pallop, together with Colonel Manas Kongpan and Lietenant Colonel Tanaphat Nakchaiya, were on 28 November 2006 found by the Pattani Provincial Court to be responsible for the killing of 28 persons at the Krue Se Mosque on 28 April 2004 (Black No. Chor 4/2547). I am also informed that under section 150(11) of the Criminal Procedure Code of Thailand, the case must be sent back to the public prosecutor to launch a criminal inquiry against General Pallop and the other two officers. However, there is no evidence so far of any progress into this inquiry and possible prosecution.

Meanwhile, I have read that General Pallop is going to be reappointed to a senior post in ISOC, of which he was deputy director at the time of the abovementioned killings. I do not think that this appointment is appropriate, not only because it is likely to worsen violence and conflict in Thailand, but more importantly, because General Pallop has a criminal investigation pending against him.
 
Therefore, I call for General Pallop to be denied appointment from any official position while the criminal inquiry is ongoing.

I would also like to enquire the progress of the case, in view of the fact that it is now some six months since the court handed down its order and still there is no news of what progress, if any, has been made by the prosecutor and police. In view of the current circumstances in Thailand and the influential position occupied by General Pallop, I also feel that special attention must be paid to this case by the interim government to ensure that the investigation is conducted properly and fairly, so that justice can be done and be seen to be done.

I look forward to your intervention in this case.

Yours truly,

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PLEASE SEND YOUR LETTER TO:

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 

PLEASE SEND COPIES TO:

1. 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

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

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)