Killings
At Pattani's Krue Se Mosque And A Cover Up Enquiry
achrweb.org
06 May, 2004
On
4 May 2004, the government of Thailand has set up an independent commission
to inquire into the killings of 32 assailants inside Pattani's historic
Krue Se mosque in Southern Thailand on 28 April 2004. Headed by Suchinda
Yongsunthon, a former diplomat currently on the bench of the Constitution
Court, the inquiry commission consists of six persons out of which four
are Muslims: Asis Pitakkhumpol, Chairman of the Songkhla Islamic Committee;
Mahadee Wimanee, a former ambassador to Iran; Aree Wong-araya, a former
Permanent Secretary for the interior; and Charan Mululeem, an academic
and adviser to the Prime Minister. The sixth member is Phummarat Thaksadipong,
a former director of the National Intelligence Agency.
According to government
spokesman Jakrapob Penkhair, the commission will "probe into the
incident to find the persons or agencies who should take responsibility
for possible legal implications." By including a large number of
Muslims, Thailand government sought to gain legitimacy for the inquiry.
However, the inquiry appears to be an afterthought to deflect concerns
of the Malays in Malaysia and international community rather than a
zeal to establish the truth and justice. Earlier on 1 May 2004, the
Thailand government has reportedly banned the foreign media from entering
military precincts in the South.
The Uprising
and the killings
The Thai authorities
claimed that unidentified Islamic groups armed with machetes launched
simultaneous pre-dawn attacks on police bases and checkpoints in several
districts of Yala, Pattani and Songkhla provinces in southern Thailand
on 28 April 2004. A total of 106 suspected assailants, most between
15 and 20 years of age, and five security officers were killed, six
were injured and 17 were arrested. The security forces justified the
killings as self-defence. Prime Minister Thaksin Shinawatra termed the
assailants as bandits and described the attack as handiwork of the drug
lords.
Between 4 am and
4.30 am on 28 April 2004, the assailants reportedly attacked Mae Laen
Police station, Yarrang Irrigation Office and a security check point
in Pattani and killed 4 policemen and two officials. The assailants
also reportedly snatched guns from the security forces. At about 5 am,
the assailants reportedly took shelter inside the Krue Se mosque and
by 6 am the army cordoned off the mosque. The standoff between the security
forces and the assailants lasted for around nine hours until about 2
pm when the army captured the mosque after killing 32 assailants using
teargas and rocket propelled grenades.
Deputy Prime Minister
Chavalit Yongchaiyudh reportedly ordered Gen Panlop Pinmanee, Deputy
Director of the Internal Security Operations Command and the most senior
person present during the standoff, to negotiate with the assailants
and talk them into surrendering, no matter how long it took. However,
the army used disproportionate force even after the assailants had stopped
shooting. On 29 April 2004, Deputy Prime Minister Chavalit Yongchaiyudh
reportedly ordered General Panlop Pinmanee to leave immediately. General
Pinmanee later defended himself, saying if the occupation of the mosque
was allowed to continue into the night the situation would have become
more complicated as groups of people, including teenagers, were gathering
around the place. It is clear that the security forces had used disproportionate
force in clear violations of the United Nations Code of Conduct for
Law Enforcement Officials and the United Nations Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials.
The reports emanating
following the shoot-out are disturbing. Senator Kraisak Choonhavan,
Chairman of the Senate Foreign Affairs Committee during a hearing in
the Senate on the issue on 3 May 2004 stated that most of those killed
at Krue Se Mosque were shot in the head and there were traces that a
rope had been tied around the wrists of an armed opposition group who
was killed in another area of Pattani.
Cover-Up Commission?
The commission of
inquiry inquiring into the killings at Pattani's Krue Se mosque is restrictive,
unrepresentative and inconsistent with international standards on independence
and impartiality for holding such inquiries. Although four members out
of the six members of the Inquiry Commission are Muslims, majority of
them are government servants. The non-inclusion of a representative
from Pattani where the killings took place shows that the government
is on the defensive. In addition, the government has undermined the
inquiry commission through inclusion of Phummarat Thaksadipong, a former
director of the National Intelligence Agency. The government however
did not include any member of the National Human Rights Commission.
Although, clashes and killings took place all over Pattani, Songkhla
and Yala provinces, the mandate of the commission is restricted to the
killings at the Krue Se mosque.
Thailand's poor
human rights record
Since a raid on
military camp in Narathiwat on 4 January 2004, about 180 people have
been killed. The government declared emergency and intensified repression
including gross and widespread human rights violations. On 12 March
2004, prominent civil liberties activist and Muslim lawyer, Somchai
Neelaphaijit disappeared in mysterious circumstances on his way to the
home of a friend. His car was found later abandoned. Chairman of the
Muslim Law Professionals' Association and Vice-Chairman of the Human
Rights committee of the Law Society of Thailand, Neelaphaijit was involved
in obtaining 50,000 signatures from around the country to support an
end to martial law in the Southern Thailand and promotion of the rule
of law and justice for the Muslim suspects accused of terrorism and
treason.
Police investigators
have arrested three middle-ranking officers with the Crime Suppression
Division (CSD) and a sergeant-major from the Tourism Police and transferred
three other CSD officers on suspicions of involvement in the abduction
of Somchai Neelaphaijit. However, little progress has been made about
Somchai Neelaphaijit's whereabouts, or determining what happened on
the night of his abduction. On 28 March 2004, Prime Minister Thaksin
Shinawatra who treated the reports of Somchai Neelaphaijit's disappearance
almost dismissively in the beginning set one week deadline for completion
of the inquiry.
Earlier, a senate
committee conducting its own independent investigation into the disappearance
of Somchai Neelaphaijit complained against the lack of cooperation among
state investigators. Dr Pornthip Rojanasunant, Deputy Director of the
Central Forensic Science Institute also complained of the difficulty
in obtaining information from the police about Neelaphaijit's case.
Presently, the Royal Thai Police Office, the Metropolitan Police Bureau,
the Crime Suppression Division, the Special Investigations Department,
the Scientific Crime Detection Division and the Central Forensic Science
Institute are also holding seperate inquiries into the disappearance
of Neelaphaijit. In all likelihood, all these agencies will draw conflicting
conclusions to the advantage of the government and its agencies.
History's lessons
Fifty six years
ago, on 26 April 1948, villagers from Dusongyaw, Narathiwat rose up
against the perceived persecution of Muslims by government officials.
The protests became violent as clashes broke out between armed villagers
and security forces. The rebellion was also crushed on 28 April 1948.
The government of Field Marshal Pibulsongram said that between 30 and
100 Muslim villagers were killed. However, some studies opined that
up to 400 Muslim villagers were mowed in the crackdown.
In the post September
11th period, it has become fashionable in South East Asia to link all
violent actions with Jemaah Islamiah. Unfortunately, the root causes
of the problems in Southern Thailand cannot be addressed by such fashionable
nonsense.
The fact that institutions
which represent Siam - schools, Buddhist temples and police and military
stations have been special target - shows that the Thai suzerainty over
erstwhile Pattani Darussalam is yet to take a full circle. The sense
of insecurity in Southern Thailand cannot be addressed by arming teachers
with guns as directed by Interior Minister Bhokin Bhalakula prior to
the start of the Thailand's new school year on 3 May 2004 or through
reinforcement of the Rapid Deployment Force for protection of the teachers.
If the government of Thailand is serious to start a process to assuage
the sense of discrimination and deprivation of the Malay origin Thais,
it must conduct full and transparent inquiries into the circumstances
leading upto the killings on 28 April 2004, ensure full cooperation
from security forces including providing of the post mortems reports
to the Commission, allow interviews with those arrested on 28 April
2004 without the presence of the security forces and provide full guarantees
for safety and security to those who depose before the Commission. The
question is whether the victims, their relatives or eye-witnesses will
feel safe, in the light of the disappearance of Somchai Neelaphaijit,
to speak the truth before a commission of the former bureaucrats including
the former Chief of the National Intelligence Agency. The inquiry report
into the disappearances of Somchai Neelaphaijit will be the starting
point for the Thai government.
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