Supreme Court upholds Tak Bai ruling

THURSDAY, AUGUST 01, 2013
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Relatives of 78 victims claim lower court's finding was incomplete

The Supreme Court yesterday upheld a previous ruling in which the appeal by relatives of the 78 victims who died in a 2004 crackdown in Narathiwat’s Tak Bai district was dismissed. 

The 34 relatives’ petition asking the Supreme Court to review and change the Songkhla Provincial Court’s findings on the case was turned down on grounds that the Bangkok-based court had no authority to make changes. 
In the petition, the relatives said the finding was incomplete and unconstitutional as it only said the 78 demonstrators, rounded up on October 25, 2004, had died from suffocation. The relatives said the findings provided no details about how the men were tied up and piled on top of each other in a truck to be transported to Pattani’s Ingkhayuth Borihan Military Camp, or who was responsible for the deaths. 
The Ratchadapisek Criminal Court dismissed the relatives’ initial request on June 29, 2009 on grounds that it had no authority and that any objections to the findings should be submitted to the Songkhla court. The relatives then took the petition to the Appeal Court, which issued the same ruling, and then to the Supreme Court, which issued its verdict yesterday. 
The relatives’ lawyer Preeda Nakpew said the Supreme Court ruling was final as it stated that the plaintiffs could ask the Songkhla court to review its ruling within eight days after the May 9, 2009 ruling.
However, he said, the relatives had chosen to take the case to the Criminal Court instead. 
He went on to say that if the relatives wanted to file criminal lawsuits against the military officers involved in the Tak Bai deaths, then they would have to return to the Songkhla court.
However, this time they will no longer base the case solely on the court’s rulings, but will also use witnesses’ testimonies including those from survivors and other circumstantial evidence, he added. 
Preeda said that other than an appeal to the National Human Rights Commission (NHRC), he does not know if the relatives had filed any criminal lawsuits against any state officials so far. He explained that the NHRC had the right to file criminal lawsuits on behalf of others, adding that they had to follow up on the progress. 
Meanwhile, unrest in the deep South continued yesterday with two explosions in Pattani’s Sai Buri district and one in Narathiwat’s Rangae district that left four people injured. It is believed the bombs were aimed at security officials. In addition, banners against the Thai authorities were found in 16 sites in six districts of Narathiwat. A bomb attack followed by a brief gunfight took place at 4pm yesterday in Yala’s Than To district resulting to two border patrolling police deaths. The deceased were Pol Sub-Lieutenant Prapas Sutthi-aksorn and Pol Snr Sgt-Major Sampan Maneerat.
Another roadside bomb around the same time in Bannang Sata district saw five soldiers slightly wounded.
In related news, Boonsom Thongsriprai, chairman of the Confederation of Teachers of the Three Southern Border Provinces, yesterday announced that the Southern Border Provinces Development Strategy Committee had resolved to increase educational personnel’s monthly hazard allowance from Bt2,500 to Bt3,000.
This hike will cover the 28,103 teachers under the Office of Basic Education Commission and another 19,262 teachers at private religious schools. He said the committee had also decided to provide Bt4 million in compensation to the families of each of the 162 slain teachers and the nine teachers who have been left disabled by the unrest.