Thailand: Authorities must urgently enforce arrest warrants against Tak Bai suspects

Ahead of the October 25 expiry of the statute of limitations in a case in which 85 people died during and after protests in Tak Bai district of Thailand’s Narathiwat province in October 2004, Amnesty International’s Thailand researcher Chanatip Tatiyakaroonwong said:

“Thai authorities must take urgent action – before it is too late – to bring justice to victims of human rights abuses committed two decades ago by state officials who violently repressed a protest in Tak Bai.

“A landmark court decision to accept the lawsuit filed by the victims and their families in August offered a glimmer of hope amid ongoing impunity for violations against protesters in Thailand. But just days before the statute of limitations for these crimes expires, the lawsuit brought by the victims is in jeopardy.

“The defendants in this lawsuit, all of whom are former or current high-ranking officials – including reportedly individuals from Japan and the United Kingdom – have failed to report to court. Unless at least one of them does so before October 25, 2024, this action will be dismissed.

“The Thai authorities must take all necessary steps to ensure that those suspected of criminal responsibility for serious human rights violations in this case do not go unpunished. This includes executing arrest warrants against suspects and submitting them before October 25, 2024, to give victims and their families the opportunity to do so

in this case, pursue criminal liability.”

background

On October 25, 2004, more than 2,000 protesters gathered outside the Tak Bai police station in Narathiwat province, one of Thailand’s southern border provinces, to demand the release of six Malay Muslim men believed to have been arbitrarily detained by Thai authorities.

Security forces used tear gas, water cannons and live ammunition, killing seven protesters instantly – five of whom were shot in the head. After the raid, about 1,370 detained Malay Muslim men were transported to the Ingkayut Borihan military camp in Pattani, 150 km away. 78 of them had to lie on top of each other in army trucks and died of crushing or suffocation during transport. Many survivors suffered serious injuries and permanent disabilities.

An independent investigative committee set up by the then government condemned the use of excessive force and poor judgment in the transport of prisoners. Despite compensating victims, no official identified by the committee has been brought to justice.

In August 2024, the Narathiwat Provincial Court ruled in favor of a request by victims and their families to file a criminal complaint against officials suspected of being responsible for human rights violations during the Tak Bai protests, including former senior military and police officials.

Of the nine officers sued by the victims and their families, the court concluded that there was enough evidence to file a lawsuit against seven of them for murder, attempted murder and unlawful imprisonment.

Despite being summoned, none of the seven officers appeared before the Narathiwat Criminal Court for questioning of witnesses and taking evidence. Arrest warrants are outstanding for all seven people, including people believed to be in Japan and the United Kingdom.

The statute of limitations for the case ends on October 25, 2024. At least one of the defendants must appear in court to acknowledge the lawsuit in order for the case to be initiated, according to Article 95 of the Thai Penal Code, which regulates the statute of limitations for crimes. Amnesty International notes that there should be no statute of limitations for serious human rights violations or crimes under international law, including extrajudicial killings and torture.

In October 2023, Amnesty International published a public statement on the impact of the Thai authorities’ failure to provide justice to the victims of the violent crackdown on the Tak Bai protest and their families.