Whether the Tak Bai Criminal Case is Merited to Trial
Before the Statute of Limitations Expires in 64 Days
On August 23, 2024, at 9.00 a.m., in Criminal Case No. A.578/2024, the Narathiwat Provincial Court scheduled a hearing to determine whether the Tak Bai criminal case is merited to trial or should be dismissed. The case was brought by the families of those deceased and injured in the Tak Bai incident, who filed a criminal lawsuit against nine government officials involved in the dispersal of the protest in front of Tak Bai Police Station on October 25, 2004, which led to numerous injuries and deaths.
Additionally, the Narathiwat Provincial Court has decided to provide two additional courtrooms to broadcast the proceedings via video conference. This decision follows a request from the plaintiffs’ lawyer to broadcast the trial to additional courtrooms, anticipating many attendees for the reading of the order or verdict.
Previously, the preliminary hearings were held on June 24-25, 2024, with the final session on July 19, 2024. At the last hearing, all nine defendants were duly informed but did not attend the examination in person. Instead, they appointed lawyers to represent them, and all defense lawyers were present. Notably, two of the accused, former Deputy Director of the Division of Southern Border Provinces Peace Building and was the Deputy Permanent Secretary for Interior at that time, and former Governor of Narathiwat Province at the time, were represented by the Narathiwat Provincial Prosecutor.
In this Tak Bai case, 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 who are former Director of the 4th Army Area Commander at that time, former Deputy Director of the 4th Army Area Commander at that time, former Commander of the 5th Infantry Division at that time, former Director of the Command Center, Royal Thai Police Forward Post, former Commissioner of Provincial Police Region 9, former Superintendent of Tak Bai Police Station at that time, former Deputy Superintendent of Tak Bai Police Station at that time, former Deputy Director of the Division of Southern Border Provinces Peace Building and was the Deputy Permanent Secretary for Interior at that time, and the Governor of Narathiwat Province at the time of the incident. The complaint was filed under the Criminal Code and alleged murder and other charges.
The Cross Cultural Foundation would like to invite the media and the public to closely monitor the progress of this lawsuit to ensure that after 20 years of injustice the victims and their families receive justice and appropriate reparation. The Tak Bai lawsuit is an attempt of the survivors, families of the deceased, local lawyers, together with the local community to address and end this decades-long impunity; effort on truth-seeking will be an initial step toward reparation and justice. The Tak Bai massacre 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.
*This lawsuit is a collaboration between The Cross Cultural Foundation, the Muslin Attorney Center, and the Southern Border Provinces Legal Reconciliation Center, Lawyers Council
