Human Rights situation in the Southern Thailand – March 2008

Disappearances: there is no access to justice for relatives of the persons who have disappeared. Four cases of disappearances have been documented since June 2007. The cases are as follows

1. Mr. Mayateh Maraboh, 40 years old Wife name: Ms. RuwaediyohWith 2 children: 9 and 2 years old	Mr. Maraboh disappeared on 24 June 2007 from his house 20 Village no. 2, Kawoh Sub-district, Raman District, Yala Province. AA group of military officers surrounded his house and questioned him three times about arson in schools. Mr. Maraboh was a school keeper of Banglan School. On June 24th, a group of military officers took Mr. Maraboh away. One of the military officers also drove his car away. The officers did not inform his wife who was present at the time, as to where they are taking her husband. Since then, there has been no information about Mr. Maraboh’s whereabouts. The case has reported to DSI and DSI rejected further investigation of the case as a special case. The wife has to shoulder the heavy debts incurred by her husband from Coop School of Pattani.
2. Mr. Mayunit Lohneeya , 30 years old Wife name: Ms. Nunareeya Yusho With one child: 5 years old	Mr. Lohneeya went missing on 11 July 2007 from Tambon Tohloh-Halo, Raman District, Yala Province. He disappeared from his wife’s family house at Rusoh District of Narathivath province. He was doing a rubber timber business in the said area. He was taken away from the house by an influential group linked to a local district headman. The case has reported to DSI and DSI accepted the case for further investigation as special case. However, family members have never been contacted for any information
3. Mr. Waea-ziz Waesu Wife name: Ms. Dameelah Hengdada With one child: one year old	Mr. Waesu went missing on 2 Nov 2007 at 6.00 pm from Moo 4 Bananstar,Bannanstar District, Yala. Two men came to his house by a DMac pick up looking for him. They were calling out his name. His wife and wife’s brother were also present in the house when Mr. Waesu was taken away. The family remembers that the two men (in uniform and with arms) mentioned “The police station” and said that they would like to take Mr. Waesu there. That was the last time when his wife and family members saw Mr. Waesu. The case was reported to local police (s) but no further investigation done. The family is seeking help from Muslim Attorney Center.
4. Mr. Marudin Wawa Wife name: Ms.Marisa Wawa With two daughters: Waheeda Wawa and Telawa Wawa.	Mr. Wawa went missing on 22 August 2007 from the house no. 122 Moo5 Talingchan, Banangstar District, Yala. On that day 10 officers came in the house and another 10 were waiting outside. The family thought that they were para-military from Banglan Dam Base. The wife reported the incident to police(s) and other army unit(s). The Para-military unit at Banglan Dam Base denied taking Mr. Wawa away on that day. The wife has made inquiries at different government offices including Yala provincial office. An internal investigation was done by army. However the para military unit at Banglan Dam denied any knowledge of events leading to Mr. Wawa’s disappearance.

Update on Detentions:

• Mass arrests in targeted communities ( after big incidents of violence and daily killings)
• Abuse of authority to detain under Marital Law and Emergency Decree: arrests are made without warrants. The detainees or their families are not informed about the place of detention. Family members are denied visits to the detainees for 3 days, 7 days or longer. Lawyers and representatives of NGOs are not allowed to visit the detainees arrested under the special laws.
• Victims of abuse of power are afraid to take legal action against authorities.
• There is no review by the Court of arrest warrants issued under the Emergency Decree
• Wives or members of the family are arrested for the purpose of interrogating them about the suspected persons.
• Children less than 18 years old are arrested and special procedures applicable to juveniles are not applied in the initial stages. Juvenile Justice Department is involved only after the children are charged with offences. There is lack of monitoring about what happens after the children are charged.
• Some detention centers are not authorized under the Emergency decree. The Emergency Decree allows detention only Ingkhayuth camp in Yala and Police detention camp in Yala.
• Increasing number of complaints received by the Muslim Attorney Center (MAC)

Year	No. Complaints
2005-2006	85
2006-2007	119
Jan – Feb 2008	188	Yala 103 casesPattani 53 cases   Narathivath 32 case
Complaints – Mass arrests	73 cases
Complaints – Torture	59 cases
Complaints – Disappearances	3 cases
Complaints – Damage to Property	26 cases

Statistics of detentions under the Emergency Decree at Police detention Yala, Police Academy School Time period: 21 July 2005 – 6 Dec 2007

• Released without criminal charges 801 persons
• Criminal charges imposed 75 detainees
• Detainees (as of 6 Dec 2007) 32 detainees
• N/A Information not available 104 detainees
• Total 1012 detainees (21 July 2005 – 6 Dec 2007)

Total of detainees under the Emergency Decree at Ingkhayuth Camp, Pattani province:
Since July 2005 till January 2008, more than 3300 persons were detained at Ingkhayuth Camp.

No statistics is information about the number of detainees released and the number of detainees who were charged and prosecuted.
Statistics from the Four Provincial Prisons as of April 2007

• Narathivath Provincial Prison 55 detainees
• Yala Provincial Prison 50 detainees
• Pattani Provincial Prison 38 detainees
• Songkla Provincial Prison 50 detainees

Overview of the court decision on National Security cases since 2004

• Death Penalty 10 Cases (persons)
• Life Sentences 15 Cases (persons)
• less than 50 years imprisonment 21 Cases (persons)
• Acquitted 20 Cases (persons)

Remarks: 11 persons out of 20 persons acquitted have been shot to death. The deaths have been reported as ‘daily killings’. There is no investigation by State Authorities or NGOs whether these deaths were extra-judicial killings or not.

• No legal action has been taken against authorities for any of the reported cases of disappearances and torture
• Increasing number of cases of torture at local army units and at the main army interrogation camp at Ingkhayuth Camp.
• Torture methods include; cold room, hot tents/container, hitting, kicking, punching, using stick, metal stick covered with cloths, soaking bodies (both men and women) during the interrogation, crawling as a mouse under chair, electric shock, burning by using lighters.
• Many torture cases (some methods) reported to be in a public in front of viewers rather than in the interrogation rooms.
• One case of women detainee; using female rangers to interrogate her by intimidating her with threats of causing bodily harm to her child.

Complaints of torture receive by NHRC:

• 40 individual cases documented and investigated by Sub-committees on CAT (Campaign against Torture), National Human Rights Commission

Student’s movement under closed surveillances:

The four persons alleged to be members of BRN Coordinate were accused to have committed the murder of Police Senior Sergeant Major Mohamhad Benjakarn on 29 December 2004. Three persons amongst the four are student leaders of Prince Songkla_Nakarin University, Pattani Campus and their arrests in January 2005 shocked the student community. Three of the students got bail and are defending themselves in Criminal Court in Bangkok.

The details of the student leaders are;

• Mr.Ilyas or Isyas Manwang, 24 yrs, graduate and former Chairperson of Student Association of Pattani Campus (PSU University), Islamic studies faculty, working as a government volunteer teacher
• Mr.Usman Pasi, 32ys, In 2004, he ranked 4^th in Islamic studies faculty of PSU. He graduated after giving his last examination from Bangkok Prison. He was also a head of Muslim Club of PSU.
• Mr. Ma-ahsee, A former Islamic studies faculty graduated, a President of Student Association of PSU.

Since May 2007 – present: The student’s movement in the three provinces got support from the Student Federation of Thailand and has strengthened its presence. Last Jan- early Feb 2008, the student house in Yala was raid by authorities and also 7 students among 9 arrested persons were tortured for confession allegedly because of their activism during the past month.