NARATHIWAT (Southern Thai): The Narathiwat Provincial Court in Southern Thailand ruled today (August 23, 2024) that there were criminal elements by Thai authorities in the Tak Bai Bloody Incident that occurred in 2004.
As a result, seven out of nine senior government officials, including a military commander, who were sued by the victims and their families, have been ordered to defend themselves against charges of criminal wrongdoing and human rights violations.
The court ruled that there are legal grounds to proceed with the claims against the seven officials under charges of murder and illegal detention.
The seven out of the nine involved officials are:
- The first defendant is the former commander of the Fourth Army Region at the time, Jeneral Pisan Wattanawongkiri, 74;
- The second defendant is the former Commander of the 5 Infantry Division at the time, Lt Jeneral Sinchai Nutasathit, 76;
- The third defendant is the former Director of the Royal Thai Police Operations Center, Pol Jeneral Wongkot Maneerin, 73;
- The fourth defendant is the former Commander of the Ninth Provincial Police Region, Pol Jeneral Manoch Kraiwong, 77;
- The fifth defendant is the former Superintendent of Tak Bai Police Station at the time, Pol Mej Jeneral Saksommai Puttakul, 70;
- The sixth 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; Siwa Saengmanee, 78; and
- The seventh defendant is the Governor of Narathiwat Province at the time of the incident, Wichom Thongsong, 78.
All of them have been ordered to testify at the Narathiwat Provincial Court on September 12, without arrest warrants being issued.
However, they have been warned that arrest warrants will be issued if they fail to appear in court three times.
On June 24, the Narathiwat Provincial Court began an initial hearing to determine whether there were sufficient grounds to file a criminal complaint against the officials involved.
They were accused of being involved in the Tak Bai Bloody Incident on October 25, 2004, which resulted in the deaths of 85 individuals. The tragic event occurred while Thaksin Shinawatra was Thailand’s 23rd Prime Minister.
The Muslim Lawyers Foundation of Thailand, representing the victims and their families, filed the case on April 25, 2024, six months before the deadline of October 25.
According to Thai law, the 20-year statute of limitations for the case will expire in October 2024, effectively preventing any legal action after that period.
After today’s court decision, at least one of the defendants must appear in court to acknowledge the claim for the case to proceed according to Article 95 of the Thai Criminal Code.
On October 25, 2004, more than 2,000 protesters gathered in front of the Tak Bai police station in Narathiwat province, demanding the release of six Malay Muslim individuals believed to have been arbitrarily detained by Thai authorities.
Security forces then used tear gas, water cannons, and live ammunition, killing seven protesters instantly—five of whom were shot.
Following the action, approximately 1,370 men, all Malay Muslims, were detained and transported to Ingkayut Borihan Military Camp in Pattani, 150 kilometers from Tak Bai.
Forced to lie on top of each other in military trucks, 78 of them died from suffocation while being transported to the military camp. Many of the survivors suffered serious injuries and permanent disabilities.
An independent fact-finding committee, established by the government at the time, condemned the excessive use of force and poor judgment in transporting the detainees.
Although there was compensation for the victims, none of the officials identified by the committee were brought to justice.
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