Southern Thailand: shouldn’t justice apply to all?

Calls for the government to issue a royal decree to extend the statute of limitations for the Tak Bai case grew louder this week as the case neared its expiration.

Various proposals surfaced, all filled with goodwill and often accompanied by reminders that the southern border issue is sensitive, necessitating the pursuit of justice to the fullest extent. All stressed the importance of no group feeling they had been denied justice, as this issue is one of the roots of the conflict in the three southern border provinces, which has escalated into violent confrontations.

However, the proposal to enact a royal decree to extend the statute of limitations for the Tak Bai case was a sensitive issue in itself. A review of the “warrant registry” pertaining to security cases in the three southern border provinces reveals that it is not only the defendants and suspects in the Tak Bai case who have fled, taking advantage of this loophole to let their cases expire, but also many of the suspects and defendants in criminal cases, who have also used escape as a strategy to let their arrest warrants lapse.

Many of these suspects and defendants have committed heinous crimes, resulting in the deaths of thousands of individuals due to the violence in the three southern border provinces over the past 20 years.The majority of the victims are Buddhists, who are a minority in the three border provinces.

In light of the strong calls to extend the statute of limitations for the Tak Bai case, questions have arisen from the families of the deceased, injured, and missing, or those who have suffered brutal treatment in other cases, most of whom are also Thai Buddhists.

They are asking whether there will be an extension of the statute of limitations for their cases as well.
 
Questioned about proposals to enact a royal decree to extend the statute of limitations for the Tak Bai case, Justice Minister Thawee Sodsong said he disagreed with the idea, viewing it as legislation that would apply only to specific individuals rather than being universally applicable, which is prohibited and not permissible under the Constitution.

“As for the offenders, it’s natural. If they fight the case, it can take 10 to 20 years. If they see loopholes in the statute of limitations, they will try to flee. This is normal. Today, we have over 7,000 warrants and have only apprehended about 4,000. Most of these cases are related to security, and they evade arrest until the warrants expire. We don't hold that against anyone, but it is the government's responsibility to work together to apprehend them.”

Information from security agencies in the area indicates that the arrest warrants mentioned by Thawee pertain to security-related cases over the 20 years of violence in the southern region, starting from 2004.

The total number of arrest warrants for security cases in the three southern border provinces and four districts of Songkhla is 7,878, broken down as follows:

Yala: 1,757 warrants
Pattani: 2,642 warrants
Narathiwat: 2,899 warrants
Four districts of Songkhla: 580 warrants

Of these, there have been 4,147 warrants where suspects have been apprehended or have surrendered.

A total of 1,789 warrants are for suspects who have evaded arrest, broken down as follows:

Yala: 333 warrants
Pattani: 483 warrants
Narathiwat: 865 warrants
Four districts of Songkhla: 108 warrants

In addition, 140 warrants have expired, divided as follows:

Yala: 16 warrants
Pattani: 54 warrants
Narathiwat: 70 warrants

Reports from security officials indicate that some warrants involve suspects who have committed various violent acts multiple times, resulting in the deaths of several innocent civilians, often due to the actions of a single perpetrator. The families of the victims continue to suffer and feel a lack of justice as these suspects remain at large, and in some cases, the cases have expired.

As a result, there is a growing sentiment, particularly among the Buddhist community in the southern border region, questioning whether, if the statute of limitations for the Tak Bai case is extended, the same could be done for cases where they have been victims.

The current sentiment reflects that the issues of conflict and violence in the southern provinces are highly sensitive and impact many parties involved. It stands to reason, therefore, that any proposals, demands, or expressions of attitude from any side should be approached with caution to prevent the escalation of a never-ending conflict.