Wednesday, July 1, 2009

Stop Torture and Protect Victims on the Occasion of International Day in Support of Victims of Torture

Friday, 26 June 2009 21:44

Statement

Mr.Makta Harong and others were arrested and allegedly tortured after a raid on an army camp on the 4th January 2004. The prosecutor subsequently decided not to pursue the case. Mr. Eakkawat Seemanta was severely tortured by a police officer at a police station in Phra Nakhonsriayuttaya Province on the 2-3 November 2004. Mr. Kietisak Thitboonkrong was made disappeared from a police station in Kalasin province in July 2004 and couple days later found death with bruises all over the body. These are only a few examples of numerous torture cases that have taken place throughout Thailand, particularly in minority areas.


One reason these abuses continue to occur is the fact that Thai society has little awareness of their rights which are protected by the constitution and numerous international human rights covenants to which Thailand is a signatory.


Today, Thais have learned that torture is a crime at the international level. The United Nations (UN) has recognized this and created several international mechanisms, including the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the Special Rapporteur on Torture. Through the campaigning efforts of non-governmental organizations (NGO) and civil society, Thais are now more aware that torture is a severe human right violation. The Thai government ratified the convention against torture or CAT on November 2007 but still requires more efforts to implement its obligations.


Recent developments have led to several cases of torture are being investigated and brought to the justice system: 1) Mr.Makta Harong’s case is currently in the process of investigation by the National Anti-Corruption Commission, 2) the Department of Special Investigation (DSI) is filing a case against non-commissioned and commissioned officers at Uthai Police Station in Phra Nakhonsriayuttaya Province regarding Mr. Eakkawat’s case, 3) a post-mortem trial on the death by torture of Imam Yapa Kaseng at Ruesoh District in Narathiwat Province concluded with the court’s ruling that the prosecutor should determine the perpetrator, 4) The DSI has filed an arrest warrant to couple of police officers from Kalasin police station regarding the case of Mr. Kietisak’s and giving witness protection to Mr Kietisaks’ relatives, and 5) other cases in the southern border provinces where abusive officers were found guilty and received both disciplinary punishment and charges under the criminal code.


Many countries have been campaigning to stop torture, to end the culture of impunity, to protect witnesses, to appropriate reparations to the victims and to make torture a crime by law.


On occasion of the UN declared International Day in Support of Victim of Torture, commemorated every year on June 26, the Working Group on Justice for Peace (WGJP) has the following demands to the Thai government:


1. Make torture a crime under domestic law and bring perpetrators to the justice system.



2. Establish an effective agency to protect victims for testimony according to the justice process.


3. Create mechanisms and agencies, with independent budgets, to investigate allegations, pursue cases according to the law and provide reparations for the victims.


4. Ratify the Optional Protocol on Torture, including permission of regular visit to the places of detention and individual complaints.


WGJP urges the Thai Government and Thai society to place greater importance on the elimination of torture and to push forward in creating the mechanisms needed to permanently stop torture in Thailand and return “human dignity” to everyone with the basis of equality under the law.

Working Group on Justice for Peace

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