The issues in the three southern provinces of Thailand – Yala, Narathiwat, and Pattani, including four districts in Songkhla – will become more complicated if there is injustice in the Thai legal system against the Malay-Muslim residents.

This was emphasized by Narathiwat Member of Parliament (MP) for Constituency 5, Kamonsak Leewamoh, who is also the Chairman of the Legal, Justice, and Human Rights Committee of the Thai Parliament.

Citing the example of the criminal case in the Tak Bai Tragedy that occurred almost 20 years ago and remains unresolved, he reminded that one of the causes of ongoing conflict in Southern Thai is past events.

“Whether it is the Dusun Nyior rebellion or the Ko Tor Bridge incident, many events have led to conflicts in the area.

“Like the Tak Bai case… today it may not be raised as a point of contention. But if the statute of limitations expires… the conflict situation in the southern provinces will become another issue,” he said in a YouTube interview yesterday.

For the record, under Thai law, the statute of limitations for a case will expire after 20 years if it is not resolved.

The Tak Bai Tragedy, which claimed the lives of 85 Malay-Muslim residents, occurred on October 25, 2004. This means there are only a few months left to determine whether the tragedy can be classified as a criminal case.

However, for the MP, who is better known as Wan Johan among the Southern Thai residents and a legal practitioner, incidents that cause death to others and serious injuries are considered criminal offenses.

“By the nature of the law, it is a criminal case. This means in a criminal case, after the court investigates the death, the proceedings will continue.

“This case involves causing death to others and serious injuries. It is considered a criminal offense in this country. It is not a personal wrongdoing case.

“I spoke with the families of the Tak Bai Tragedy victims. They filed a complaint to the court not to win the case… but to see the justice process. There is no division between the Malays and other races.

“Outsiders will also raise the issue that Thailand is not fair to the Malays, which has led to endless conflict.

Will the ‘Tak Bai Tragedy’ Become a Criminal Case? Preliminary Hearing in Narathiwat Tomorrow

“This is because there are many old cases that we have not yet resolved. Do not think that accepting compensation will end it.

“Compensation money is not a reason to close a criminal case. Especially when the Songkhla Provincial Court in May 2009 ruled in the inquest that 78 people died of suffocation while in custody,” he stressed further.

Although the Songkhla Provincial Court ruled that 78 protesters died of suffocation while in the custody of authorities, Thai police did not take action against the officers, claiming that the incident was a force majeure.

“For the families of the Tak Bai victims who died, they received 7.5 million baht and those who were injured received payments according to the severity of their injuries.

“In total, approximately 500 million baht in compensation has been paid to the victims and their families. However, is it considered resolved just by paying compensation when legally the incident is a criminal case?” he questioned.

On June 24, the Narathiwat Provincial Court began preliminary hearings to determine whether there is a solid basis to file a criminal complaint against nine government officers, including military and police, accused of being involved in the Tak Bai Tragedy that resulted in 85 deaths.

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