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ASIAN HUMAN RIGHTS
COMMISSION - URGENT APPEALS PROGRAM
Urgent Appeal
Update: AHRC-UAU-008-2010
22 February 2010
[Re: UAU-031-2009:
Trial of police officers accused of Kalasin killings will open on
October 19]
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THAILAND: Witnesses to the Kalasin killings will testify in court for
the first time on March 2
ISSUES:
Extrajudicial killing; forced disappearance; impunity; rule of law
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Dear friends,
On 2 March
2010 the main hearing will begin in the case of Kiettisak Thitboonkrong,
who was one of the 28 victims of the Kalasin Killings. It will take
place at the Criminal Court in Bangkok and is the first case in which
the DSI has charged police for the murders that characterised the
notorious 'war on drugs' in Kalasin. The prosecutor has finally agreed
to send the case to court, six years after the killings took place.
Close observation would offer valuable support to the victims' relatives
and the case witnesses. The Asian Human Rights Commission (AHRC) urges
all concerned persons to attend the court as observers, and calls on
other interested persons to follow the case closely.
UPDATED
INFORMATION:
In previous appeals
and updates (see UAU-031-2009)
we were able to recount the opening of the first court trial last
October, regarding the case of Kiettisak Thitboonkrong, who was
allegedly killed by Kalasin police officers.
Since then the
parties in the case have presented themselves before the court for the
opening of the trial, among them Mr. Chainarong Sengthong-a-ram,
prosecutor in charge of the case; Mr. Kittisapt Thitboonkrong, father of
Kiettisak; lawyers from the Lawyer Council of Thailand who are
supporting Kiettisak’s father; six defendants who are Pol. Snr. Sgt.
Maj. Angkarn Kammoonna, Pol. Snr. Sgt. Maj. Sutthinant Noenthing, Pol.
Snr. Sgt. Maj. Phansilp Uppanant, Pol. Lt. Col. Samphao Indee, Pol. Col.
Montree Sriboonloue, Pol. Lt. Col. Sumitr Nanthasathit; and the lawyers
of these defendants.
The court agreed to
combine Black Case No. 3252/2552 and Black Case No. 3466/2552 into Black
Case No. 3252/2552, 3466/2552. Kiettisak’s father was also allowed to
become a joint-litigant and his lawyers were accepted. All parties
presented their lists of evidence to the court and to the opposing sides
and the prosecutor showed files of the documents that he will use to
give testimony to the court and to the defendants. The defendants
accepted the prosecutor's documents to allow them to be used in the
presentation of testimony.
However the
defendant’s lawyers requested that the court must hold the trial in the
Kalasin Provincial Court by citing Criminal Procedure Code section 22
and noting that the killings took place in Kalasin, and that many of the
witnesses live there. In response the prosecutor and the joint-litigant
contended that even so, the case was investigated by the Department of
Special Investigation (DSI), and that furthermore the security of the
witnesses would be better ensured in Bangkok. The court listened to the
parties and decided in favour of the prosecution; the original six
defenders must give their testimony in the Criminal Court in Bangkok,
though certain witnesses can testify in another provincial court,
including Kalasin Provincial Court. All parties agreed and a date was
set for the testimony to begin.
The prosecutor will
start the main hearing on 2 March 2010 for 20 days, the joint-litigant
for eight days and the six defendants who have to give testimony in
Bangkok, for two days. When the defendants' testimonies are complete the
case will be transferred to other courts, including the Kalasin
Provincial Court, after which it will be sent back to the Criminal Court
in Bangkok for judgment. The AHRC hopes that you can attend.
Testimony
dates:
Witnesses of
prosecutor: 2-5 and 23-26 March 2010
4-7 and 18-21May 2010
6-9 July 2010
Witnesses of joint-litigant: 20-23 July 2010
7-10 September 2010
Witnesses of defendants: 21-22 September 2010
And another day after the
new appointment date
The hearing will
be conducted daily from 9.00am to 4.30pm.
Venue:
Criminal Court, Rachadaphisek Road, Jatujak district, Bangkok, Thailand
ADDITIONAL
COMMENTS:
The AHRC has learned
that court observation plays an important role in any cases in which
the authorities have been charged, both in terms of supporting the
victim, relatives and witnesses, and for an understanding of how the
rule of law is currently functioning in Thailand. This case shows the
police not as protectors, but as perpetrators of violence in which
various human rights are negated, especially the right to life. Please
refer to our earlier reports and appeals for further information and
action: UA-136-2007, UP-065-2007,
UP-073-2007, UP-099-2007,
UAU-019-2009 and UAU-031-2009.
Thank you.
Urgent Appeals
Programme
Asian Human Rights Commission (
อีเมลนี้จะถูกป้องกันจากสแปมบอท แต่คุณต้องเปิดการใช้งานจาวาสคริปเพื่ออ่านมันได้
)
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