Yala Public prosecutor finally filed a post mortem inquest of Ashari Samae-ae

After two years, Yala Public prosecutor finally filed a post mortem inquest of 26 years old suspect died in custody. Today, 28 September 2009, Mr. Abdulroha Same-ae and Ms. Baedoh Sama-ae appointed lawyers from Cross Cultural Foundation (CrCF) and Muslim Attorney Center (MAC)to submit the petition to Yala Court as complainers on post mortem inquest of Mr. Azharee Sama-ae, their 26 years old son died two years ago, as the Yala public prosecutor finally filed a post mortem inquest on the death of Mr. Azharee Sama-ae.

Since the incident in 2007, the death of Mr. Azharee Sama-ae who was being held in custody by officers, the police and later public prosecutor closed the file, implied that the death was due to unidentified cause and the dead body was found in the hospital. The lawyer of Mr. Azharee’s mother filed the petition to Attorney General Office that the inquest trial should be filed as required by law.

On 29 July 2009, the Yala public prosecutor decided to file an inquest post mortem of Mr. Azharee Sama-ae, 22 years old, a suspect died in custody since 22 July 2007.

Mr. Azharee Sama-ae, Ms. Baedoh Sama-ae’s son, allegedly being tortured and later died on 22 July 2007 in Yala Province during the authority arresting operation. During the past year, Ms. Baedoh Sama-ae has complained to various state agencies which have turned down her plea for help. Thus, she decided to bring a civil suit to demand compensation from the Ministry of Defence, the Royal Thai Army and the Royal Thai Police in July 2008.

On 16 July 2008, the Civil Court delayed in accepting the civil lawsuit because Ms. Baedoh Sama-ae was unable to raise the 30,000 baht required as court fees. The civil lawsuit has not been admitted by the Court due to the lower court dismissed Ms. Baedoh Sama-ae’s request for exemption of court fees.

Later through the petition of human rights lawyer, her request to seek an exemption of the court fee was accepted. The civil court of Bangkok accepted Ms. Baedoh Sama-ae’s civil lawsuit (Black Case no. 4039/2551) against the three agencies responsible for the death of her son, to seek compensation for the death of her son who is believed to have died from torture during the detention.

Till today, all Ms. Baedoh Sama-ae’s complaints requesting state compensation over the death of her son were all denied including the government scheme under Southern Border Provincial Administration Center, Thailand (SBPACT) and under Yala Provincial Office and under the Ministry of Justice.

More information please contact: Crcf.justice@gmail.com
By Access to Justice and Legal Protection
Cross Cultural Foundation