Today, August 23, 2024, at 11.00 a.m., the Narathiwat Provincial Court accepted the Tak Bai criminal case, officially indicting seven state officials on charges of murder, attempted murder, and unlawful detention. The court dismissed charges against the 2nd and 7th defendants and scheduled a testimonial examination for September 12, 2024, at 9.00 a.m. in Criminal Case No. A.578/2024. The case was brought by 48 plaintiffs— families of the deceased and those injured in the Tak Bai incident—against 9 state 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.

The Narathiwat Provincial Court has scheduled a testimony examination for September 12, 2024, at 9.00 a.m. and has issued summonses for all seven defendants to appear in court. No arrest warrants have been issued at this time. 

Defendants 1, 3, 4, 5, 6, 8, and 9 face charges under the Criminal Code for jointly committing offenses, including murder, attempted murder, and unlawful detention according to Section 288, 83, Section 288, 80, 83, and Section 310 paragraph two in conjunction with Section 290, 83 of the Thai Criminal Code  These individuals are: Defendant 1, former Director of the 4th Army Area Commander at that time; Defendant 3, former Commander of the 5th Infantry Division at that time; Defendant 4, former Director of the Command Center, Royal Thai Police Forward Post; Defendant 5,  former Commissioner of Provincial Police Region 9; Defendant 6, former Superintendent of Tak Bai Police Station at that time; Defendant 8, former Deputy Director of the Division of Southern Border Provinces Peace Building and was the Deputy Permanent Secretary for Interior at that time; Defendant 9 former Governor of Narathiwat Province at the time of the incident. 

Meanwhile, the court has dismissed the charges against Defendants 2 and 7, who were former Deputy Director of the 4th Army Area Commander at that time and former Deputy Superintendent of Tak Bai Police Station at that time. 

Ratsada Manurassada, one of the plaintiffs’ lawyers, shared his thoughts after the court’s decision, stating, “I want to express my gratitude to the families of the deceased and those injured in the Tak Bai incident for having the courage to become plaintiffs in a criminal case against state officials, seeking justice for the victims. This case will be remembered in history, serving as a lesson to officials to exercise greater caution in dispersing assemblies and in treating detainees, to prevent such tragedies from happening again.”

In the Tak Bai case, among the 48 plaintiffs, numbers 1-34 include two individuals who were fatally shot in front of the Tak Bai police station, one individual who died at the hospital, bringing the total to 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, with charges of murder and other related offenses under the Criminal Code.

The Cross Cultural Foundation would like to invite the media and the public to closely follow the proceedings on September 12, 2024, at 9.00 a.m. This is a crucial step to ensure that the truth is uncovered, the perpetrators are held accountable, and justice is served for the victims and families of the deceased. It is also essential that this criminal prosecution becomes a historical lesson for the Thai state, preventing future occurrences of such serious human rights violations.

*This lawsuit is a collaboration between The Cross Cultural Foundation, the Muslin Attorney Center, and the Southern Border Provinces Legal Reconciliation Center, Lawyers Council

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