Trials ordered in 20-year-old Thailand police 'massacre'
The seven are charged with murder, attempted murder and unlawful detention. The statute of limitations on the charges expires in late October, exactly two decades after the events of the so-called Tak Bai Massacre.
“I feel relieved that the duty of the lawyers and the duty of the plaintiffs is accomplished,” Pornpen Khongkachonkiet, a human rights activist and lawyer representing one of the plaintiffs in the case, told VOA after the court announced its decision.
“We [were] hugging each other … and I think they are very happy,” she said of the other plaintiffs as well.
Lawyers for the accused could not be reached for comment.
The case concerns the events of October 25, 2004, in Tak Bai district, Narathiwat province, in Thailand’s predominantly Muslim and ethnic Malay deep south.
Soldiers and police shot and killed seven people while responding to a protest demanding the release of suspected Islamic militants. Human rights groups say the officers forced many more protesters into police trucks destined for a military camp some 140 kilometers away, leaving them packed inside and forced to lie on top of one another for hours. Seventy-eight of them died.
A state inquest later determined that they had suffocated. It also concluded that security forces used inappropriate measures to disperse the protesters and that commanding officers failed to adequately supervise the movement of the detainees. But authorities did not pursue charges and police claimed force majeure, a legal term referring to events beyond their control.
No one was ever previously charged over the deaths or injuries.
Hoping to change that, 48 survivors and relatives of the dead filed a lawsuit with the Narathiwat provincial court in April against nine officers, all since retired, involved in the security forces’ response to the protest.
Pornpen said the court on Friday decided against taking two of the nine to trial on the grounds they were not responsible for use of force.
Even so, she said the court’s decision to put the other seven on trial was a welcome surprise in a country where senior police, military and government officials are widely seen to act with impunity.
“We had so many times in history that the call for democracy, call for change, anything like [a] protest always ends up with violence and no one is [held] responsible,” she said. “So, to bring the perpetrator to justice according to Thai law is not easy, and I think we did it.”
In a statement, Amnesty International called Friday’s decision an overdue but “crucial first step towards justice” for those who suffered what it called the “excessive use of force” at the 2004 protest.
“The victims and their loved ones have spent almost two decades waiting for justice and accountability for the heinous crimes committed,” the rights group said. “Thai authorities must immediately enforce the court decision and take necessary measures to ensure the case’s statute of limitations does not expire.”
Amnesty International said at least one of the defendants must be brought to court to hear the charges by October 25 for the case to proceed to trial.
Pornpen confirmed that the defendants must still appear in court before the statute of limitations runs out for the trial to proceed.
She said the court would issue subpoenas ordering the accused to appear on September 12, but was concerned they may try to stall and avoid an appearance until the statute of limitations runs out.
Anchana Heemmina, director of the Duay Jai Group, a non-profit that monitors human rights abuses in Thailand’s deep south, said she also worried the accused may yet avoid a trial.
But she welcomed Friday’s decision nonetheless and said it could begin to restore some faith in the courts among southern Thailand’s Muslims.
“They feel like the Thai government, or the military don’t want to protect Malay Muslims who are civilians in the country and feel like we are the second class,” said Anchana.
“Now, for today, for the Tak Bai case, it’s a little bit first step that makes the people believe or trust the justice system,” she added.
Once the seat of a Muslim sultanate, the southern provinces of modern-day Thailand were deeded by the British to the then-kingdom of Siam in 1909. Rejecting the transfer, several armed ethnic Malay Muslim groups have waged a long-running guerrilla war against the Thai state in hopes of winning independence for the provinces.
More than 7,000 people have died in related violence since fighting intensified in 2004.
While bombings, assassinations and shootouts across the south continue to occur alongside police raids and arrests, the pace of the violence has waned over the years, and the government is in talks with some of the rebel groups over terms of a possible cease-fire.