Thailand: Urgent action needed for justice in Tak Bai massacre
Geneva, 22 August 2024 - Thai authorities must urgently address the prolonged delays in prosecuting those responsible for the 2004 Tak Bai incident before the statute of limitations expires in October 2024. The failure to act decisively now risk signalling impunity for state violence and undermining public trust in the rule of law.
On 23 August 2024, the Narathiwat Provincial Court is scheduled to decide whether to take to trial the case against nine officials involved in a violent crackdown against Malay Muslim protesters on 25 October 2004 in Tak Bai, Narathiwat province, resulting in the deaths of 85 individuals. Seven protesters were shot dead, while seventy-eight others were crushed to death during their transportation to an army detention facility in Pattani province under inhumane conditions. In addition to the fatalities, approximately 1,200 people were detained for several days without proper medical attention, leading to severe injuries and enduring trauma.
In December 2024, a government-appointed fact-finding committee acknowledged that security forces employed excessive and inappropriate methods, including the use of live ammunition and the deployment of inexperienced personnel. Despite these findings, those responsible have yet to be held accountable, leaving justice elusive for nearly two decades.
On 25 April 2024, victims and their families filed a criminal lawsuit to the Attorney General, alleging charges of murder by employing torture or cruelty, coercion, and unlawful detention. The preliminary hearing held on 24 June 2024 was adjourned the following day and subsequently postponed to July 19 and July 26, 2024, casting doubt on whether justice will be served before the statute of limitations expires. The repeated delays and harassment faced by the plaintiffs have exacerbated their suffering and highlighted the systemic obstacles they face in seeking justice.
Excessive force by law enforcement during protests is frequently labeled as police brutality, but it is crucial to recognize that such actions can also constitute a breach of the absolute prohibition of torture and other ill-treatment as it is recalled in the recently published Model Protocol for Law Enforcement Officials to Promote and Protect Human Rights in the Context of Peaceful Protests[1]. Torture is unequivocally prohibited under all circumstances and must not be subjected to any statute of limitations. Ensuring that these incidents are prosecuted as torture cases is vital to upholding accountability and delivering justice to victims.
We urge the Thai authorities to act decisively, prosecuting those responsible for the massacre and delivering justice and reparation to the victims and their families. Positive steps towards justice and truth-seeking in this case will also have a crucial impact on the communities in the southern border provinces. Justice delayed is justice denied, and the failure to act now will embolden those who commit atrocities under the cover of State authority. It is not just Tak Bai’s victims who await justice, but the integrity of Thailand’s legal and human rights frameworks that hangs in the balance.
[1] Model Protocol for Law Enforcement Officials to Promote and Protect Human Rights in the Context of Peaceful Protests, A/HRC/55/60, 31 January 2024.
For more information, please contact:
Francesca Pezzola : fpe@omct.org