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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

2 August 2007
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UA-237-2007: THAILAND: Death in custody and alleged torture of man in southern Thailand

THAILAND: Extrajudicial killing; torture; impunity; emergency regulations
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END EMERGENCY DECREE IN SOUTHERN THAILAND
http://thailand.ahrchk.net/edecree

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information of the torture and death of a man in custody in southern Thailand. The AHRC calls for a thorough police investigation and prosecution of those responsible.

CASE DETAILS:

According to information from the Working Group on Justice for Peace (WGJP), on 27 June 2007 at 5am, Yaga Pa-o-mani was arrested from his home while sleeping with his family. He was taken by a large group of soldiers in 10 army vehicles. Two days later, on June 29, Yaga's family was informed that they should pick up his dead body from the Yala Central Hospital. They were contacted by a Bajoh Subdistrict Administrative Officer, who had been contacted by police officers from Banang Sata District Police Station.

Yaga's body showed signs that he had been tortured before death. When Yaga's family received his body, it had bruises on the chest and a skull fracture that appeared to have been caused by a gunshot to the head, as well indications that an autopsy had been performed. At the Raman District Hospital, visual indications of torture were significant enough for a local staff person and Dr. Khunying Pornthip Rojanasunand, a prominent forensic scientist from Bangkok, to feel an autopsy was warranted. These indications included injuries on the back and a bullet wound to the left shoulder, in addition to other wounds. The autopsy was performed, and Dr. Khunying Pornthip later testified to the Ad-hoc Committee to Study and Investigate Violence in the Deep South Provinces that Yaga was in fact tortured before death.

The victim had feared for his safety for some time. Two years ago, Yaga had been called by administrative officers to meet with the Yala provincial governor at Banang Sata District Office. Afterwards, he did not go outside unless necessary because he was concerned for his security. In early June this year, Yaga and one other individual went to meet with a soldier at Sirinthorn army camp in Yarang, Pattani.

Police Major Jirasak Wikraicharoenying, an investigating officer at the Raman District Police Station, reported through local independent news media that while transporting Yaga from military custody into police custody, he had been shot and killed in an attack by a group of militants. However, no other person was killed in the alleged attack. The case is reportedly under police investigation.

BACKGROUND INFORMATION:

This incident speaks to the total impunity with which the security forces are operating under the Emergency Decree in southern Thailand. It bears many resemblances to a number of other recent killings, including those in Bana, Pattani on April 13 (UA-174-2007) and Bannang Sata on April 9 (AS-078-2007) and the shooting of 15-year-old Abukoree Kasor by rangers on March 9 (UA-111-2007). In none of the other cases also have any inquiries followed against the accused officers that might lead to legal action.

The emergency regulations over the southern provinces were introduced by the former prime minister to protect security officials there from prosecution. The UN Special Rapporteur on extrajudicial killings has commented that they enable army and police personnel to "get away with murder", as in this case. The regulations have greatly inflamed the violence in the south since they were introduced almost two years ago.

This case also shows how the Emergency Decree results in torture and other serious human rights abuses. Persons can be detained for up to 30 days without any charge, and they are held outside of conventional detention facilities as they are not yet considered as formally charged. State officers are therefore encouraged to keep detainees in secret locations, and do whatever they like without fear of being prosecuted. (Please refer to: UA-144-2007; AS-024-2007; AS-255-2006; UA-111-2007; UA-034-2007; UA-348-2006)

Torture is also not limited to the south of Thailand. Anecdotal evidence suggests that it is widely practiced both by the police and the army across the country. Since there is neither any law prohibiting torture nor any effective witness protection scheme in Thailand, the victims and witness are easily intimated to drop their complaints. (Please refer to the following cases: UA-410-2006; UA-233-2006; UP-157-2005; UP-137-2005; UP-88-2005)

Although there are a new law and a new office for protection of witnesses and victims, protection is offered only by the police on their own terms. It is ineffective in cases which the security forces are themselves the perpetrators. (See: Protecting witnesses or perverting justice in Thailand, article 2, vol. 5, no. 3, June 2006.)

For full details on the decree and violence in the south visit: http://thailand.ahrchk.net/edecree

SUGGESTED ACTION:

Please write to the concerned authorities to call for a proper criminal investigation into the torture and death in custody of Yaga Pa-o-mani, leading to prosecution and imprisonment of the perpetrators and the adequate compensation of his family. And please also demand that the government of Thailand lift the Emergency Decree over the south and permit the UN expert on extrajudicial killings to visit the country.

To support this appeal, please click here:

Suggested letter:

Dear ________,

THAILAND: Investigate the torture and death in custody of Yaga Pa-o-mani

Name of the victim: Yaga Pa-o-mani, age 39, rubber plantation farmer
Place of incident: Bajoh Subdistrict, Banang Sata District, Yala Province
Date of incident: 29 June 2007
Responsible officials: Personnel of Ranger Unit No.41

I am writing to urge the government of Thailand to thoroughly investigate the torture and death in custody of Yaga Pa-o-mani, to bring its perpetrators justice and adequately compensate his family, and to take actions to prevent similar incidents in the future.

According to the information that I have received, Yaga was arrested at his home on Wednesday 27 June 2007 at approximately 5am by a large group of soldiers traveling in 10 army vehicles. On Friday, 29 June 2007, police officers from Banang Sata District Police Station phoned a Bajoh Tambon Administrative Officer, who then informed Yaga's family that they should pick up his dead body from the Yala Central Hospital. Those at Yala Central Hospital informed Yaga's relatives that his body had been sent from Raman District Hospital and that details of the death could be obtained there.

An autopsy was performed on the body of Yaga Pa-o-mani at Raman District Hospital, after a local staff person and Dr. Khunying Pornthip Rojanasunand, Acting Director General of the Central Institute of Forensic Science, Ministry of Justice, found visual indications that led them to believe Yaga had been tortured before death. These indications included bruises on the chest and back and a gunshot wound to the left shoulder. In testimony to the Ad-hoc Committee to Study and Investigate Violence in the Deep South Provinces, Dr. Khunying Pornthip reported that Yaga had in fact been tortured before death.

I am also informed that two years prior to the incident, Yaga was brought by administrative officers to meet with the Yala provincial governor at Banang Sata District Office. Afterwards, Yaga was concerned for his own security and did not go outside unless necessary. In early June of this year, Yaga and another individual went to meet with a soldier at Sirinthorn army camp in Yarang, Pattani.

Police Major Jirasak Wikraicharenying, an investigating officer at the Raman District Police Station, is reported as saying (TJA News) that on 29 June 2007 Yaga was killed in a militant attack as Ranger Unit No. 41 was in the process of transferring Yaga from military custody to police custody at Banang Sata District Police Station. In the vicinity of Bakejukha Vilage, the unit has stated that it encountered a red pickup truck; unidentified assailants from that vehicle and nearby opened fire, killing Yaga.

I urge the government of Thailand to break the impunity enjoyed by army and police personnel and ensure that criminal investigations follow into the 29 June 2007 incident, and all other similar incidents, in order that the persons responsible for it be prosecuted and imprisoned. I remind the government of Thailand that Section 150 of the Criminal Procedure Code of Thailand requires the full investigation of the death of any person who has died in custody. I also urge that the family of the victim be compensated properly in accordance with the provisions of the Compensation for Victims of Crime Act BE 2544 (2001).

I furthermore implore the Government of Thailand to investigate the use of torture in this incident. And, in order to help prevent further incidences of torture, to make good on its claims that it will join the UN Convention against Torture and introduce a related domestic law.

Finally, I call on the government of Thailand to revoke the Emergency Decree BE 2548 (2005) over the southern provinces without delay, restore the capacity of the investigating agencies and courts in the area to provide justice to the local people, and permit free access to Thailand to all United Nations experts, in particular the Special Rapporteur on extrajudicial, summary or arbitrary executions.

I trust you will take prompt action in this case.

Yours sincerely,

_______________

PLEASE SEND YOUR LETTERS 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

2. General Sonthi Boonyaratglin
Commander-in-Chief
c/o Royal Thai Army HQ
Ratchadamnoen Nok Road
Bangkok 10200
THAILAND
Tel: +662 280 2432-5
Fax: +662 280 2436

3. 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: om@moj.go.th

4. Mr. Aree Wongaraya
Interim 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: om@moi.go.th

5. Pol. Gen. Seripisuth Themiyavet
Acting Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th

6. Mr. Theera Mindrasak
Governor, Yala Province
Muang District
Yala 95000
THAILAND
E-mail: yala@moi.go.th 

7. Lt. Gen. Viroj Buacharoon
Commander
Fourth Army Area
Sirinthon Camp, Khaotoom
Yarang, Pattani 94160
THAILAND
Tel: +66 73 262 598
Fax: +66 73 262 572

8. Mr. Pranai Suwanarat
Director
Southern Border Province Administrative Center (SBPAC)
Yala Provincial Office
Muang District, Yala 95000
THAILAND
Tel/Fax: +66 073 203 802

9. 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

10. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 219 2980
Fax: +662 219 2940
E-mail: commission@nhrc.or.th 

11. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Phone: +662 288 1496
Fax: +662 288 3009

12. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

13. Professor Philip Alston
Special Rapporteur on Extrajudicial, 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 (ua@ahrchk.org)