NARATHIWAT (Southern Thailand): The Narathiwat Provincial Court’s decision yesterday (August 23, 2024), ruling that there were criminal elements involved by Thai government officials in the Tak Bai Tragedy of 2004, marks an early success in the pursuit of justice for the victims and their families.
However, how fully justice will be served depends on whether those ordered to appear in court to face charges of murder and attempted murder, and the authorities’ ability to carry out their duties, follow through.
“Alhamdulillah! What we have been fighting for all this time has finally yielded some results. This is an initial victory in seeking justice for the people.
“But… we have to wait until September 12 to see who among the seven individuals ordered to testify and defend themselves in this case will appear in court.
“Time is running short as the 20-year statute of limitations approaches on October 25,” said Kamonsak Leewamoh, Chairman of the Legal, Justice, and Human Rights Committee of the Thai Parliament, when asked about the court’s decision and what will happen next.
According to Thai law, cases that are not resolved within 20 years cannot be brought to court anymore. The Tak Bai Tragedy occurred on October 25, 2004.
“There are several possibilities in this case. One is that they appear in court to defend themselves. They could delay their appearance by giving reasons, such as health issues (which the court may accept), until the October 25 deadline is reached.
“If they do not show up at all without a valid reason or if their excuse is rejected by the court, the court will issue an arrest warrant.
“However, if the police fail to arrest them by October 25, the case will also be closed, and it cannot be brought to court anymore,” explained Kamonsak, who is also known as Wan Johan in Southern Thai, to Apa Khabar TV.
When asked if the case could no longer be brought to court after that, Wan Johan replied, “No… game over… full stop.”
He further explained that Parliament is not a place for trials but for enacting laws, and that the Legal, Justice, and Human Rights Committee of Parliament cannot do anything if the 20-year statute of limitations is reached, as it is established by law.
Wan Johan clarified that he and others have worked tirelessly to seek justice for the victims and their families according to the legal framework.
The Tak Bai Tragedy occurred more than 19 years ago. During this period, no action has been taken to deliver justice to the victims and their families, and those responsible for the deaths have not been apprehended or brought to court.
“We are aware that the case will reach its 20-year limit soon. If no action is taken by October 25, the case will end without the victims and their families receiving the justice they deserve.
“It’s not about demanding money (compensation)… compensation has been received. But what’s important is justice. It’s enshrined in Thai law,” said Wan Johan, who is also a Member of Parliament for Narathiwat (Constituency 5).
He added that most of the victims who died were in government custody.
Under the law, the deaths are considered murders, and in May 2009, the Songkhla Provincial Court ruled in a post-mortem inquest that 78 people died of suffocation while in custody.
Wan Johan acknowledged that some parties are unhappy with his and others’ efforts to seek justice for the victims and families of the Tak Bai case.
He also reminded that the investigation file handed over by the police is still with the Attorney General’s Office.
“The Attorney General has not yet decided whether the case can proceed to prosecution… If no decision is made by October 25, the case will end there as well.”
Yesterday, the Narathiwat Provincial Court ordered seven out of nine senior government officials, including a military commander, who were sued by the victims and their families, to defend themselves against charges of criminal conduct and human rights violations.
The court ruled that there were legal grounds to proceed with the charges against the seven officials for murder, attempted murder, and illegal detention.
Those ordered to testify include:
- Former Narathiwat Provincial Governor Wichom Thongsong, 78 years old;
- Thai Parliament Member General Pisan Wattanawongkiri, 74;
- Former Commander of the 5th Infantry Regiment of the Thai Army, Lt. General Sinchai Nutasathit;
- Former Director of the Royal Thai Police’s Forward Operations Center, Pol. General Wongkot Maneerin;
- Former Commander of Region 9 Police, Pol. General Manoch Kraiwong;
- Former Chief of Narathiwat Police Station (Tak Bai District), Pol. Maj. General Saksommai Puttakul; and
- Former Deputy Director of the Southern Border Provinces Peace Promotion Division and former Deputy Permanent Secretary of the Ministry of Interior, Siwa Saengmanee.
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