Charges against ex-officers for 2004 Thai 'massacre' facing dismissal 

Lawyers and rights groups successful Thailand are raising doubts immoderate of the 15 erstwhile military, constabulary and authorities officers charged with the execution of 85 protesters 20 years agone volition look successful tribunal earlier the statute of limitations expires adjacent month.

The statute expires October 25, precisely 2 decades aft the events of the alleged Tak Bai Massacre, named aft a territory of Narathiwat state successful confederate Thailand, a predominantly Muslim and taste Malay portion of the country.

On that time successful 2004, soldiers and constabulary changeable and killed 7 radical astatine a protestation successful Tak Bai calling for the merchandise of suspected Islamic militants. The officers besides packed dozens protesters into constabulary trucks successful which 78 of them died of suffocation, according to a authorities inquest 5 years later.

Though the inquest recovered fatal flaws successful the information effect to the protest, the authorities did not prosecute charges and nary 1 was enactment connected trial.

This past August, though, connected the backmost of a suit filed by survivors and relatives of the dead, the Narathiwat provincial tribunal charged 7 retired officers with murder, attempted execution and unlawful detention successful transportation with the events. The Office of the Attorney General charged different 8 with premeditated execution earlier this month.

Each suspect indispensable perceive the charges against them successful tribunal and successful idiosyncratic by October 25 for the cases to proceed. Otherwise, the charges volition beryllium dropped.

An opening tribunal day has yet to beryllium acceptable for the 8 defendants charged by the lawyer general, however, and the 7 charged successful Narathiwat each missed their archetypal proceeding connected September 12. A 2nd proceeding is acceptable for October 15, 10 days earlier the deadline.

Lawyers and rights groups archer VOA doubts are moving precocious that immoderate of the defendants volition look successful time.

“Because until the 25th we person conscionable [under] a period left, and successful specified a lawsuit … it’s precise casual for the suspect to find an excuse to not amusement up oregon disappear,” said Sanhawan Srisod, a ineligible advisor successful Thailand for the International Commission of Jurists.

“There are galore ways successful Thailand that they tin conscionable spell … overseas wherever they consciousness comfy and [where it is] cheap,” said Pornpen Khongkachonkiet, a quality rights activistic and lawyer representing 1 of the plaintiffs.

After the 7 defendants successful the Narathiwat tribunal lawsuit failed to look earlier this month, the tribunal issued apprehension warrants for six of them. It near retired Pisal Wattanawongkiri, an ex-general who present has ineligible immunity arsenic a serving lawmaker for the ruling Pheu Thai party.

As of past week, though, the tribunal had nary thought wherever immoderate of the 15 defendants were, said Sorawit Limparangsri, spokesperson for Thailand’s Court of Justice, which oversees the country’s provincial courts.

“After the apprehension warrants are issued, past it is the relation of the Royal Thai Police to do, and usually they bash not study to the courts during the clip that they are investigating,” helium told VOA.

A spokesperson for the Royal Thai Police did not reply VOA’s repeated calls oregon requests for comment.

Chanatip Tatiyakaroonwong, Thailand researcher for Amnesty International, says the constabulary force’s past efforts to evade ineligible liability implicit its handling of the Tak Bai protestation rise doubts astir its committedness to travel done connected the warrants.

Following the 2009 inquest, the constabulary claimed the deaths were a lawsuit of unit majeure, a ineligible word referring to events beyond their control. More recently, Chanatip said, they petitioned the lawyer wide not to property the charges his bureau filed against the 8 defendants connected September 18.

The lawyer wide yet rejected the petition, helium added, “but what it showed america is that there’s precise small willingness from the constabulary to prosecute this case.”

Relatives of those who died successful 2004 person besides petitioned the House of Representatives to fto Pisal basal trial, but the House has taken nary enactment to assistance his immunity, which ends lone aft the existent league ends October 30, aft the statute of limitations connected the charges expires.

Pheu Thai spokesperson Danuporn Punnakanta told VOA the enactment did not cognize wherever Pisal was, successful immoderate case, and that helium missed past week’s meetings. He said the enactment had nary sentiment connected the charges, calling them a “personal case.”

As caput of the army’s Region 4 command, Pisal was astatine the clip of the 2004 protestation successful complaint of each service activities successful confederate Thailand. The 2009 inquest concluded that helium and 2 different elder officers failed to decently supervise the army’s response.

Compelling him and the different defendants to look successful tribunal successful clip for the trials to proceed is simply a accidental for Thai authorities “to close the incorrect and to guarantee that determination is accountability successful this case,” said Chanatip.

“But astatine the aforesaid time, if the lawsuit stops oregon if the statute of limitations expires oregon if the perpetrators are not held accountable successful the end, it could besides embolden authorities oregon definite officers oregon authorities officials who perpetrate quality rights violations. It’s similar a connection for them that it’s good … due to the fact that they would not beryllium held accountable,” helium added.

Most of confederate Thailand has been nether enhanced information laws since an insurgency seeking independency for the region, erstwhile the remit of an autarkic Muslim sultanate, flared up successful January 2004. Locals and rights groups person accused the authorities of repeatedly abusing those powers to harass, torture and termination suspected militants and sympathizers.

The level of unit has waned implicit the years, and the imaginable of a proceedings implicit the Tak Bai protestation is raising immoderate hopes that accountability for the deaths could assistance determination ongoing negotiations for a cease-fire forward.

On the different hand, if the charges are dismissed adjacent period due to the fact that nary of the defendants appeared successful court, determination is besides the fearfulness that unit could spike, said Pornpen.

It would besides beryllium a missed accidental for the victims to heal, and for those successful Thailand’s restive southbound to larn much astir what happened that time 20 years agone and why, said Sanhawan.

“That is benignant of 1 of the scars near successful the precise halfway of the conflict, truthful … it’s precise important for the Thai justness strategy to springiness truth, not lone successful the heavy southbound but for everyone successful Thailand, astir what happened,” she said. “It’s important for the victims to extremity their suffering.”