PRESS RELEASE
ALRC-PL-47-2005

ALRC categorically rejects Thai government suggestions to U.N. that torture perpetrators punished

(Geneva, July 20, 2005) The Asian Legal Resource Centre (ALRC) on Wednesday submitted an additional document to the U.N. Human Rights Committee making clear that the perpetrators of torture in a number of cases from Ayutthaya province, Thailand had not been punished, contrary to suggestions from the government delegation.

The Hong Kong-based rights group pointed out that not only had the perpetrators escaped criminal punishment, but had also reportedly returned to duty as police officers.

"The perpetrators...have not yet been prosecuted until now, despite claims from the Thai delegation that these officers had been prosecuted," the ALRC told the committee, which is meeting this week to consider Thailand's compliance with the International Covenant on Civil and Political Rights.

"Relatives of the victims in these two cases made complaints at the police station but later on did not dare to go further with the investigation because of fear of reprisals from the powerful police officers," it said.

The three cases of torture occurred in the Phra Nakhon Si Ayutthaya and Uthai police stations during 2004. It is believed that they are three among many more unreported cases.

In each case, the victims had complained to the court that they were tortured to extract a confession, but the court had not accepted the testimony for want of evidence, or because the alleged torture was 'irrelevant'.

Two victims have been given 10-year jail terms on the basis of confessions extracted through torture.

In another case currently in court, a police officer accused of torture this week testified for the prosecution, and has also stated that he has resumed his duties.

"On Monday 18 July, the public prosecutor presented [Pol. Lt-Col.] Suebsuk as a witness," the ALRC informed the committee.

"Suebsak then claimed to have arrested, investigated and received confessions from Anek [Yingnuek] and friends without any torture taking place," it said.

"Asked by the court if Suebsak has been back on duty, he replied that he has now returned to active duty, since the case of Ekkawat [Srimanta] is now low profile," the ALRC said.

The case of Ekkawat obtained media attention in Thailand after the victim was rushed to the hospital with burns all over his genitals in November 2004.

Anek has also alleged that he was electrocuted on the genitals, in September 2004.

His relatives have alleged that they have been threatened by police to stop making complaints.

Both the Law Society of Thailand and the Department of Rights and Liberties Protection have full details of the case, but have not taken the necessary steps to see the perpetrators punished or victim and his family properly protected, the ALRC told the U.N.

"The comments of the government delegation to the committee on these issues were ambiguous, misleading and false," Michael Anthony, ALRC spokesperson, said.

"It is ironic that on the same day that the Thai government delegation was in Geneva claiming to have punished police who have committed torture, one of the alleged perpetrators was standing up in court against his victim," he said.

"Far from being prosecuted, this man is back at work," Anthony said. 

In May, the Asian Human Rights Commission, sister organisation of the ALRC, was informed in writing by the Department of Rights and Liberties Protection that six officers, including Suebsak, had been removed from duty.

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About ALRC The Asian Legal Resource Centre holds general consultative status with the Economic and Social Council of the United Nations. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia.