Critics slam ‘failure of justice’ for Tak Bai massacre case

Scenes of chaos: Police disperse protesters gathered around Tak Bai police station in Tak Bai, Narathiwat, on Oct 25, 2004. (Photo: Tawatchai Kemgumnerd)
Images of conflict: Police evacuate demonstrators gathered around Tak Bai police stop in Tak Bai, Narathiwat, on Oct 25, 2004. ( Photo: Tawatchai Kemgumnerd )

Critics have criticised the justice system’s failing to trial the defendants in the Tak Bai murder case before the statute of limitations had already passed.

They are advancing more pressing calling for rules changes to improve performance in the justice program, such as extending the statute of limitations for criminal offense prosecution.

Observers speculated that the government’s inaction could lead to more turmoil because locals may no longer have faith in the justice system and the government.

They warned that if righteousness is delayed further or denied, it might make it harder for the Paetongtarn state to achieve harmony in the heavy South.

The Tak Bai case’s 20-year statute of limitations came into effect on October 25 at 11:59 p.m., and Narathiwat’s Provincial Court issued a closing date of the case on October 28.

Seven Arab protesters were killed on October 25, 2004, at a rally held in front of the Tak Bai police station in Narathiwat territory.

Another 78 people eventually passed away in Pattani county, about 150 kilometers away, from suffocation or instrument failure while being transported in trucks to a military hospital.

Before the distribution, activists had been demanding the launch of six prisoners. The Dapat Bai horror occurred while Thaksin Shinawatra, the then-Prime Minister, was in office.

Nine former top officials were charged with murder and other crimes in a lawsuit brought by the victims ‘ families to the Narathiwat Provincial Court in April of this year.

In August, the jury accepted the petition against seven individuals, including former Pheu Thai record MP Gen Pisal Wattanawongkiri, who served as the Fifth Army Place captain, Pol Lt Gen Wongkot Maneerin, next secretary federal police chief, and Maj Gen Chalermchai Wirunpeth, who commanded the 5th Infantry Regiment at the time.

Maj Gen Chalermchai, the attorney-general, is a believe in both cases, while the attorney-general filed a complaint with the Pattani Provincial Court on September 12 against eight offenders. Overall, 14 defendants were found.

Another source of public anger was the return to work of Wissanu Lertsongkram, one of the Tak Bai accused, the day after the event expired.

He is currently the district’s Tha Uthen district’s assistant district commander in Nakhon Phanom.

A man was assigned to pull a military truck in 2004, and Mr. Wissanu was there to remove protesters.

He requested leave from Oct 16 to Oct 18, but the district chief refused after learning of the arrest warrant. He requested left on Oct. 15. But, Mr Wissanu went absent independently.

His plea for leave of absence has sparked rumors that he anticipated the jury order. Anutin Charnvirakul, the interior minister, stepped in to launch a probe after his arrival after the event had expired.

The government ruled out terminating Mr. Wissanu because he had already returned to work within 15 weeks.

If an official is absent for more than 15 times without giving a reason, they may be fired without an investigation. In the event of shorter absences, penalties may involve reprimands or pay reductions.

Calls for laws shifts

Kamolsak Leewamoh, a Prachachat Party MP for Narathiwat, told the Bangkok Post that the House committee on laws, righteousness, and human rights may set up an inquiry panel to investigate the case.

The screen will also look into possible changes to the criminal prosecution statute of limitations.

Is it time to alter the rules governing fatalities caused by law enforcement while on work? He requested, noting that the screen will also verify the government ‘ delays in bringing up the Tak Bai event.

Mr. Kamolsak questioned whether injustice frequently contributes to southern crime as a result of the Tak Bai case’s validity.

The lawsuit brought by the victims ‘ families is the first attempt by locals to seek justice through legal means.

Recently, another locals killed by regulators had households who chose not to pursue legal actions.

” In the southeastern issue, whichever side gains the aid of local people has the edge”, he said.

According to Jade Donavanik, a scholar and head of the College of Asian Scholars ‘ faculty of law, the authorities ‘ inability to provide justice has undermined public confidence in the justice system.

He concurred with calls for laws to be amended to make sure that fugitive and corruption cases have a sufficient statute of limitations to hold offenders accountable.

Mr. Jade argued that the government cannot avoid being held accountable for allowing the circumstance to disappear.

” This was an supervision by the concerned government and the state”, he said.

” There were several methods available to provide the plaintiffs to righteousness, but no motion was taken”, he added.

Prior to the request for an executive order to extend the statute of limitations in the Tak Bai event, Prime Minister Paetongtarn Shinawatra declined to comment.

The idea was first proposed at a public platform by Assoc Prof Prinya Thaewanarumitkul, a law professor at Thammasat University, who urged the government to acquire an executive order under Section 29 of the law.

According to Mr. Jade, regional areas in the heavy southern may now be less lenient with officials in light of the fact that the Tak Bai case’s justice system was denied.

Unfairness and Issue

The disappointment to prosecute accused in the Tak Bai case could be used by militants, according to Pol Lt Col Krisanaphong Poothakool, associate professor in crime and vice chairman at Rangsit University. This further undermines native confidence in the government.

He claimed that because the authorities did not do enough to bring the accused to justice, the case was allowed to end.

Growing suspicions about the inability to prosecute defendants could be used by insurgents to fuel violence, he said.

Pol Lt Col Krisanaphong backed calls for legal changes to make it easier for criminal defendants to avoid escaping justice.

Senator Angkhana Neelapaijit, chairwoman of the Senate committee on political development, public participation, human rights, freedom, and consumer protection, said the failure to deliver justice highlighted a culture of impunity among state officials.

It also points to a government’s failure to defend and uphold human rights, she said.

She added that the Senate committee will prepare a report on the Tak Bai case, along with recommendations to stop similar issues, such as expanding the statute of limitations in criminal cases.

Despite the case’s expiration, victims ‘ families can still file complaints under the Prevention and Suppression of Torture and Enforced Disappearances Act, according to Ms. Angkhana.

She mentioned that four people are still missing in connection with the Tak Bai incident.

Kamolsak: Inquiry panel to be set up

Kamolsak: Inquiry panel to be set up

Jade: Undermines confidence in justice

Jade: Undermines confidence in justice

Angkhana: Culture of impunity for officials

Angkhana: Culture of impunity for officials

Krisanaphong: Extend statute of limitations

Krisanaphong: Extend statute of limitations