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Thailand
1727. By letter dated 1 November 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received information concerning the deaths of 87 persons following actions taken by Thai security forces on 25 October 2004 in Takbai, Narathiwat. According to the allegations received, on the morning of 25 October 2004, during a clash between 2,000 Muslim protesters and security forces in Takbai district, Narathiwat province, nine people were killed by police officers. The protest occurred to demand the release of six detained Muslim security guards. Demonstrators threw stones at security forces and attempted to storm a police station. Police officers, after using water cannons and tear gas, fired at the protesters, killing six of them. Authorities claim that the protesters were armed and that orders were given to fire in the air but failed to be respected. Three other protesters died during these events. Moreover, 1,300 people were arrested following the above-mentioned protest and put into military trucks to be transferred to detention centres. Among those, 78 prisoners died, most of them of suffocation or dehydration during the transfer that allegedly lasted five hours.
1728. By letter dated 4 November 2004, the Government responded that the unfortunate incident on 25 October 2004 was in no way deliberate in intent. The Government views the 87 deaths as most tragic and regrets that errors and misjudgement were made. On 2 November 2004, the Government appointed an independent commission to investigate the incident and report on its findings within 30 days. The incident should be viewed in a broader context of the developments in the southern provinces since January 2004. Since then and up until 21 October, over 264 lives, both Muslim and Buddhist, have been lost, while 397 have been injured. The Government has exercised relentless efforts to restore peace and order and is committed to resolve the situation in a peaceful manner, adhering to the principle of human rights. As of 30 October, 1,109 detainees have been released while 189 are still detained for further investigation.
1729. By letter dated 15 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning Rinat Kudayarov, a national of the Russian Federation. Since 22 October 2002 he has been held in shackles in Bang Kwang Prison, Bangkok. He is detained in a 24 m2 large cell together with 24 persons, without beds, one toilet only, and no shower.
Urgent appeals
1730. On 30 January 2004, the Special Rapporteur sent an urgent appeal concerning Adil Shah, a 27-year-old Pakistani national. According to the allegations received, he is detained at Bangkok International Airport. It is reported that he is at risk of imminent forcible return to Pakistan, where he may be at risk of torture. Mr. Shah has been arrested for illegal acts in the past, and subjected to torture while in prison in Pakistan.
1731. On 17 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Somchai Neelahphaijit, chairman of the Muslim Lawyers Association and human rights defender. According to the allegations received, he left his home in Bangkok on Thursday 11 March 2004, and has not been seen since. He was due to attend a meeting at 9 pm on Friday 12 March at the Chalina Hotel in Bang Kapi district, and was also due to appear in court for a case in Narathiwat province on 15 March. He did not attend either of these events and his family has reportedly not had any news from him. On 16 March, his wife filed a complaint with Bang Yikhan police. Prior to his disappearance, Somchai Neelahphaijit had received anonymous threatening phone calls, including one call from a senior member of the authorities informing him that he was on the top of a military blacklist. He has been involved in petitioning 50,000 signatures nationwide to call for an end to martial law in Southern Thailand as well as his work to defend Muslim suspects against terrorist and treason charges.
1732. By letter dated 30 March 2004, the Government informed that it shared the concern at the disappearance and safety of Somchai Neelaphaijit. Like all other cases of involuntary disappearance, the police have used all available means to investigate his whereabouts. In recognizing Somchai Neelaphaijit’s lifelong dedication to the defence of human rights, the Prime Minister has made it very clear to all government agencies concerned that every necessary measure must be taken to resolve this case as soon as possible, and those who are responsible for his disappearance will have to be brought to justice without exception and delay. On 18 March 2004, an independent committee under the chairmanship of the Director- General of the Department of Special Investigation of the Ministry of Justice was established by the Prime Minister to ensure that full redress is given to Somchai Neelaphaijit. The subcommittees on information analysis, forensic evidence and investigation were also set up to assist the committee. The Government stands ready to receive any information pertinent to this case from all sides, be they the publice or various human rights NGOs, and even to engage them in a consultation with the above-mentioned independent committee.
1733. On 25 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding the situation of Somchai Neelapaijit (cited in a previously transmitted communication, see above). According to the allegations received, despite the arrest of five policemen suspected of involvement in the abduction, as well as the fact that Somchai Neelapaijit has been missing for over 100 days, little progress has been made by the committee in locating his whereabouts. One member of the committee has reportedly stated that they have not been receiving adequate cooperation from the police regarding the case.
1734. By letter dated 6 August 2004, the Government informed that it attaches utmost importance to the case, and all government agencies responsible are instructed to render full assistance to the independent committee and the three subcommittees established on 18 March 2004 to investigate Mr. Somchai’s disappearance. The case is also closely monitored by the general public, the press, human rights national institutions and the civil society in the country; therefore a domestic check-and-balance system exists, and is effectively functioning to ensure that full justice and redress be given to Mr. Somchai’s and his family. On 12 July 2004, the Criminal Court heard the case file by the State Prosecutor. His wife has been allowed to act as a co-plaintiff, and this reflects the Court’s readiness to accord her every possible means to participate in the hearings, including to present witnesses and evidence. The lawsuit was filed against five police officers who were charged with robbery and coercion through threats of death and bodily harm against Mr. Somchai. Witness hearings are expected to run from 9 August 2004 to 21 December 2005. Despite the independent committee’s and Government agencies’ efforts to locate Mr. Somchai, his fate remains unknown. The Government welcomes any information in this regard. Charges against the accused are so far confined to robbery and coercion through threats of death or bodily harm, and not yet murder, because of lack of evidence. The charges may change depending on any new evidence. The consideration of the case is progressing under the country’s judicial system and all possible efforts are continuously undertaken to locate Mr. Somchai.
1735. On 30 November 2004, the Special Rapporteur sent an urgent appeal, concerning Anek Yangnuek, aged 24, Metta Sipan, aged 24, Adisak Boonklam, aged 24, and Sujit Rachamontri, aged 22, residing in Phra Nakhon Si Ayutthaya district, Ayutthaya province. According to the allegations received, on 9 September 2004, they were arrested by police officers of the Phra Nakhon Si Ayutthaya Police Station, on suspicion of robbery. They were taken to the station, where they were beaten in order to extract confessions. Sujit Rachamontri was subjected to electric shocks. The four men are reportedly still in custody. Moreover, the 12 officers at the same police station were allegedly involved in the torture on 2 November 2004 of Ekkawat Srimanta, a 21-year-old street vendor. He was arrested on suspicion of theft and brought to the police station, where the officers covered his head with a hood and beat him all over his body to force him to confess. He was then transferred to the Uthai police station, where eleven officers at that station participated in beating him, including subjecting him to electric shocks on the genitals, groin and toes. He sustained injuries including marks of combat boots on his back, swollen thighs, swollen cheeks, face and throat. Ekkawat Srimanta was subsequently released without charge. The 23 officers involved were reportedly transferred to Bangkok pending the outcome of investigations.
Follow-up to previously transmitted communications
1736. By letter dated 8 April 2004, the Government provided information concerning Sandar Hlaing (E/CN.4/2004/56/Add.1, para. 1678). The Government informed that on 2 September 2003, one day after the body of Sandar Hlaing was found, the Thai police officials promptly arrested a suspect who was eventually charged on 26 November 2003 with rape and premeditated murder. As the number of witnesses is considerably high, a series of hearings have been scheduled. The two courts are assigned to deal with their testimony, namely the court of Mae Sot, Tak Province and the court of Chiang Mai Province. Despite Sandar Hlaing’s status as a migrant worker, her case is ensured to receive due justice under Thai criminal law. Moreover, the Criminal Case Compensation Act of 2001 also indicates the possibility in which compensation would be made to the family of Sandar Hlaing.
1737. By letter dated 8 April 2004, the Government provided information concerning Sok
Yoeun (E/CN.4/2004/56/Add.1, para. 1681). The Government informed that Sok Yoeun left
Thailand for Finland on 26 February 2004, with cooperation between the two Governments,
UNHCR and the International Organization for Migration. Thailand handled his case fully in
accordance with its legal system. Throughout the process, Sok Yoeun had been given ample
opportunity to defend himself in both the courts of first instance and appeal. While the appeal
court ruled to return Sok Yoeun back to Cambodia, the Government had resolved the issue
through diplomatic channels with the Government of Cambodia until a decision was jointly
reached to allow him to join his family in Finland.
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Tajikistan
The former Yugoslav Republic of
Macedonia
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.