24 November 2016
1127
On 22 November 2016, Mr. Abdulkohar Awaeputae from the Muslim Attorney Centre (MAC), Pattani, as an authorized attorney of Mr. Somchai Homlaor, Ms. Pornpen Khongkachonkiet, and Ms. Anchana Heemmina has submitted a letter asking the inquiry official to request for 23 documents from both private and government sources as evidence in their defense and to serve fully the interest of justice of the three alleged offenders. Such practice would fulfill Thailand’s obligations to international laws, the Constitution of the Kingdom of Thailand and the Criminal Procedure Code, all of which require that the inquiry official shall execute their duties per the law to serve the interest of justice of all parties in the case including to corroborate all evidence available to either prove the guilt of the innocence of the alleged offenders. As the inquiry official of the Muang Pattani Police Station had summoned the alleged offenders for a meeting on 27 November 2016 in order that the three human rights defenders would get to hear the charges levied against them by the Security Operations Command Region 4 (ISOC 4) Forward. Earlier, Lt Col Setthasit Kaewkoonmuang, reported the case against the Cross Cultural Foundation (CrCF) alleging that it had committed an act of libel and a violation of the 2007 Computer-related Crime Act. The case has stemmed from the report “Torture and other Cruel, Inhuman or Degrading Treatment in the Deep South Documented in 2014-2015” which has been produced to document information and to provide assistance to victims of torture and other cruel, inhuman or degrading treatment ensuring that they have access to remedies for their physical and mental trauma, rehabilitation and support needed for them to restore their normal lives. Legal assistance has been provided for them to have access to justice process and state remedies. A set of recommendations have also been proposed in the report for the officials and state agencies to implement through the policy, law and practice for the prevention and combat torture and other cruel, inhuman or degrading treatment in the Southern Border Provinces where special laws have been enforced including the Martial Law Act and the Emergency Decree on Government Administration in States of Emergency. Such support has encouraged some victims to take the officials and the state agencies to court and to hold them accountable. Still, a number of the victims of torture have not such courage to press charges. Torture remains an important issue and the three alleged offenders as HRDs have been campaigning on the issue to hold the authorities accountable and to urge them to protect the people as well as to advocate for public policy. Without such remedies, it would be difficult to have peace restored in the Southern Border Provinces. Therefore, the attorney of the three alleged offenders has made a request to the inquiry official urging them to ensure justice be served to all of the three alleged offenders including to request for documentary evidence held in possession by concerned agencies for further investigation. The evidence should be explored and used at the discretion of the police and the public prosecutor to ensure that the order about the case be made prudently and fairly. The 23 documents listed are held in possession of the Court of Justice, the Administrative Court, the National Human Rights Commission (NHRC), the Ministry of Justice (MoJ) and the UN Office of the High Commissioner for Human Rights (UNOHCHR), among others. For more information, please contact Mr. Abdulkohar Awaeputae, attorney, phone 081-8987408 Ms. Nadthasiri Bergman , CrCF, phone 0851208077 (English speaking)