The Narathiwat Provincial Court in Southern Thailand has set tomorrow (Monday, June 24, 2024) as the date for the preliminary hearing against nine government officials, including military and police officers, accused of involvement in the Tak Bai Tragedy, which resulted in the deaths of 85 individuals on October 25, 2004.

The Muslim Lawyers Foundation Center, in a statement today, said that the Narathiwat Provincial Court would begin the preliminary hearing tomorrow to determine whether there is a solid basis to file a criminal complaint against the officials involved.

“On June 24, 2024, at 9:00 am, the Narathiwat Provincial Court has scheduled a preliminary hearing to determine whether the case has a basis to be filed as a criminal complaint or not.

“In this case, those injured and the families of those killed in the dispersal of the protest in front of the Tak Bai Police Station on October 25, 2004, filed a lawsuit against nine government officials who were on duty at the time,” the statement said.

The Muslim Lawyers Foundation also listed the nine officials and former Thai government officials involved in dispersing the protesters.

They are:

• The first defendant is the former commander of the Fourth Army Region at the time;
• The second defendant is the former Deputy Commander of the Fourth Army Region at the time;
• The third defendant is the former Commander of King Rama 5 Infantry Division at the time;
• The fourth defendant is the former Director of the Royal Thai Police Operations Center;
• The fifth defendant is the former Commander of the Ninth Provincial Police Region;
• The sixth defendant is the former Superintendent of Tak Bai Police Station at the time;
• The seventh defendant is the former Deputy Superintendent of Tak Bai Police Station at the time;
• The eighth defendant is the Deputy Director of the Directorate for Peace Promotion in the Southern Border Provinces and was the Deputy Permanent Secretary of the Ministry of Interior at the time; and
• The ninth defendant is the Governor of Narathiwat Province at the time of the incident.

According to the Muslim Lawyers Foundation, since the filing of the case on April 25, 2024, the legal team has served several subpoenas to obtain documents from various government agencies.

“On June 12, 2024, the legal team sent five subpoenas to the Narathiwat Provincial Court, requesting documents, orders, and reports investigating the Tak Bai incident.

“Subpoenas were also sent to the National Human Rights Commission (NHRC), the Secretariat of the Cabinet (SLOC), and the National Security Council (NSC), stating that the documents must be sent to the Narathiwat Provincial Court before June 24, 2024, for further consideration.

“Although it is later known that official documents nearly 20 years old may not arrive at the court on the day of the hearing. Some of these documents can be found on the internet,” the foundation said.

The statement mentioned that on April 25, 2024, the day the Tak Bai case was filed, there were doubts about why the Ninth Provincial Police Region sent an order not to file charges in the investigation of the Tak Bai case.

According to the Criminal Code Sections 288 and 83 in the Tak Bai incident, with the opinion in a letter addressed to the Attorney General that it was an appropriate action in the case and an event of force majeure (a legal term for unforeseen events).

Therefore, the legal team issued subpoenas to obtain both documents. Four autopsy documents of the incident and four documents on ‘unlawful killings’ were considered for presentation in court tomorrow.

On June 20, 2024, the first and ninth defendants filed a petition asking the court to decide on initial legal issues, while the third defendant submitted a statement of facts and legal issues asking the court to rule that the complaints of the 48 plaintiffs had no basis.

A total of 48 plaintiffs filed a criminal complaint in the Narathiwat Provincial Court against the involved officers.

They filed charges for jointly committing offenses under the Criminal Code, charges of killing others with torture or cruelty under Sections 288, 289 (5), 309, and 310.

Under Thai law, the 20-year statute of limitations for this case will expire in October 2024, thus preventing any legal action after that period.

On October 25, 2004, security forces from various Thai military and police units were deployed to disperse Muslims demonstrating in front of a police station in Tak Bai district.

In the incident, seven protesters were shot dead at the scene, while 78 others died from suffocation after being crammed into trucks when they were taken to a military detention camp in Pattani Province.

According to a Human Rights Watch (HRW) report, about 1,200 people were detained in military custody for several days without proper medical treatment. As a result, many protesters suffered severe injuries requiring amputations.

In December 2004, a committee appointed by the government of Prime Minister Thaksin Shinawatra at the time concluded that the methods used to disperse the protesters, including firing live bullets and deploying inexperienced soldiers and rangers in response to the protest, were inappropriate and did not comply with established international guidelines and practices.

The committee also found that the commanding officers failed to supervise the detained protesters, leaving the task to inexperienced and low-ranking staff.

The investigation identified three senior military officers, including the Fourth Army Region Commander, Lt. Gen. Pisan Wattanawongkiri; his deputy, Lt. Gen. Sinchai Nutsathit; and the Fifth Infantry Division Commander, Maj. Gen. Chalermchai Wirunpeth, who failed to properly monitor and oversee the military operation, leading to the deaths and injuries of the protesters.

In May 2009, the Songkhla Provincial Court ruled in an autopsy inquest that the 78 people died from suffocation while being detained by officers performing their duties. However, the police decided not to take action against the officers, claiming the incident was force majeure.

As a last resort to seek justice, on April 25, the Tak Bai victims and their families filed criminal charges directly with the Narathiwat Provincial Court.

Accordingly, HRW urged the current government, led by Prime Minister Srettha Thavisin, to openly signal its support for efforts to ensure accountability for the Tak Bai massacre.

“The cycle of abuse and impunity in Thailand’s southern border provinces contributes to an atmosphere where officials believe they can violate human rights without fear of punishment.

“The United Nations and concerned foreign governments should demand justice for the Tak Bai victims without delay,” HRW said.