Edited on 3 May 2024: The charge of official misconduct as stated in Section 157 in conjunction with Section 83 was removed from the complaint. This charge will need to be prosecuted in the Criminal Court for Corruption and Misconduct Cases.14:15
Today (25 April 2024), representatives of the families of the deceased and victims of the protest crackdown in front of Tak Bai Provincial Police Station Narathiwat Province on October 25, 2004 along with a team of lawyers from the Cross Cultural Foundation, the Muslim Attorney Center and the Southern Border Provinces Legal Reconciliation Center, Lawyers Council, arrived at the Narathiwat Provincial Court to file a lawsuit against government officials involved in the mentioned dispersal which results in many casualties and fatalities. Among 48 plaintiffs, numbered 1-34 consist of two individuals who were fatally shot in front of the Tak Bai police station, one individual who died at the hospital, resulting in a total of three deaths, and 31 individuals who died during the deadly transportation. The injured persons are identified as plaintiffs numbered 35-48. The lawsuit has been filed against nine government officials, including individuals from the military, police, and government. The complaint was filed under the Criminal Code and alleged the following charges:
- Murdering the other person by employing torture or acts of cruelty according to Sections 288 and 289 (5)
- Compelling the other person to do or not to do any act, or to suffer any thing by putting him in fear of injury to life, body, liberty, reputation or property of him or another person, or commits violence so that he does or does not do such act, or suffers such thing according to Section 309
- Detaining or confines the other person, or by any other means whatever, deprives such person of the liberty of person according to Section 310
- Being an official, wrongfully exercises or does not exercise any of his functions to the injury of any person, or dishonestly exercises or omits to exercise any of his functions according to Section 157 in conjunction with Section 83
Earlier, the Muslim Attorney Center submitted the matter to the Committee on Legal Affairs, Justice, and Human Rights of the House of Representatives urging the committee to follow up on the status of the case relating to the Tak Bai incident. The officials from the relevant agencies have been summoned to explain. They claimed that in the death inquiry case, the responsible investigating officer concluded that the offender could not be identified and that they are unaware of the status and existence of the criminal case file against alleged government officials.
While 20 years have passed since the incident, more than 1,300 victims and their families continue to suffer from the horrific violence and the loss of their loved ones. Even if some of the deceased’s relatives have previously received compensation from the government, the victims and their families are still waiting to know the truth of the incident. This includes identifying the perpetrators and prosecuting them in accordance with the law, which is the state’s primary responsibility. However, the issue seems to fade away in time until today where the statute of limitation is soon to expire. As a result, the direct victims who were injured in the incident, as well as the relatives of the deceased, must take legal action themselves by filing a lawsuit in court according to the legal process.
Additionally, when preparing to file the case, the families of the deceased and several of the injured informed the legal team that on March 7, 2024, during the day, they were intimidated by a group of persons claiming to be police officers but refusing to disclose their affiliation. No identification was displayed, and no uniform was worn. One example of their behavior was compelling the villagers to travel to the police station to discuss about the remedy for the Tak Bai incident. They also claimed that there would be money for transportation. The representatives of the deceased and victims’ families believed that what happened was likely intended as a threatening act to discourage the filing of such a complaint.
Later, on March 10, 2024, representatives from the relatives of the deceased and victims issued a letter to Mr. Chaturon Chaisang, Chairman of the Parliamentary Sub-Committee on Studying the Prevention and Solutions to Southern Border Provinces’ Problems. The letter requests that the committee investigate the activity of a group of people purporting to be police officers and stop their actions because they jeopardize the rights of those who use their legal rights in good faith.
Pornpen Khongkachonkiet, director and lawyer of the Cross Cultural Foundation, commented on the case that “The Tak Bai case is significant because it reflects Thailand’s history of violence. This case will demonstrate the Thai judiciary’s ability to resolve conflicts by finding the truth through the Thai justice system. Furthermore, whether the court accepts this case is critical to Thailand’s peace process, which seeks to address long-standing problems and reassert the rule of law.” Cross Cultural Foundation In collaboration with the Muslim Attorney Center and the Southern Border Provinces Legal Reconciliation Center, Lawyers Council, would like to invite the media and the public to closely follow the proceedings of criminal prosecutions in Tak Bai case in order to ensure that the truth is revealed, and the perpetrators are brought to justice. So that the victims and the families of the deceased receive justice and appropriate reparation. The Tak Bai case has a significant impact on the conflicts in the southern border provinces that have persisted for more than 20 years, and this criminal prosecution will be of great importance in the direction of the peace process in the southern border provinces.
