Twenty years of investigations in Tak Bai case and little to show for it
What happens to those indicted, following the expiry of the statute of limitations?
The Tak Bai case in Narathiwat province has reached its legal end as the statute of limitations expired after the 20-year deadline. This historic case concluded with no convictions after 85 people were killed in 2004.
The outcome has led to disappointment as the authorities failed to deliver justice to the victims.
On October 25, 2004, state officials shot dead seven Muslim protesters while dispersing hundreds opposing the arrest of six men outside the Tak Bai Police Station. The death toll rose sharply when 78 detainees suffocated to death after being crammed into military trucks to be taken to an army camp in the neighbouring Pattani province.
The case was revived through a lawsuit filed by the victims’ relatives, focusing on the issues of "dispersal of the protest and detention". On August 23, 2024, the Narathiwat Provincial Court accepted the case against seven defendants on charges of "murder by torture or cruel acts, attempted murder, illegal detention, coercion by instilling fear of life-threatening danger, physical harm, and freedom deprivation", that resulted in 78 deaths.
The United Nations (UN) published a statement from human rights experts on Thursday, expressing serious concern over the expiration of the statute of limitations in the Tak Bai case. The statement highlighted fears that the efforts to bring those responsible to justice might now be in vain.
The seven defendants indicted by the court are:
Defendant 1: General Pisal Wattanawongkiri, former 4th Army Region commander, an MP of the Pheu Thai Party who has now resigned
Defendant 3: General Chalermchai Wirunphat, former commander of the 5th Infantry Division
Defendant 4: Pol Lt-General Wongkot Maneerin, former director of the National Police Office’s Front Operations Centre and former senator
Defendant 5: Pol Lt-General Manoch Kraiwoot, former commander of Region 9 Provincial Police and former senator
Defendant 6: Pol Maj-General Saksommai Phuttakul, former superintendent of Tak Bai Police Station
Defendant 8: Siwa Saengmanee, former deputy director of the Southern Border Peacebuilding Command and former deputy permanent secretary of the Ministry of Interior
Defendant 9: Wichom Thongsong, former governor of Narathiwat province
The Office of the Attorney-General also filed charges against eight suspects involved in transporting the detainees in military trucks, accusing them of "conspiracy to murder".
Suspect 1: General Chalermchai Wirunphet, as the commanding officer
Suspect 2: Lieutenant Nattawut Lueamsai, driver
Suspect 3: Private Witsanu Lertsongkram, driver
Suspect 4: Lieutenant Visanukan Chaisarn, driver
Suspect 5: Private Piti Yankao, driver
Suspect 6: Sgt-Major Ratchadej or Pitak Srisuwan, driver
Suspect 7: Major Prasert Mathaminn, convoy commander
Suspect 8: Lieutenant Ritthirong Phromrit, driver
On October 25, as the statute of limitations expired, the Royal Thai Police, led by National Police chief Pol General Kitrat Phanphet, mobilised extensive efforts to search over 100 targeted locations, but ultimately no arrests were made.
