Investigation Into Police Torture Of A Suspect To Have Him Confess

[sriracha john]

DSI pursues torture action

The Department of Special Investigation is pursuing legal action against six Ayutthaya police officers accused of torturing a theft suspect by administering electric shocks. The DSI has asked the public prosecutor to indict the six officers on charges of brutalising Ekkawat Srimanta in 2004.

Mr Ekkawat lodged a complaint with the DSI, accusing the six officers of torturing him including beating him and administering electric shocks to his testicles. The incidents allegedly occurred on Nov 2 and 3, 2004, at the Phra Nakhon Si Ayutthaya and Uthai district police stations.

Piyawat Kingkate, Director of the DSI's special criminal cases office, said the DSI investigation found a group of officers manning a police booth in Phra Nakhon Si Ayutthaya had stopped Mr Ekkawat's motorcycle for a search on Nov 2, 2004. The officers seized the motorcycle as it did not have a licence plate and issued Mr Ekkawat with a ticket.

After paying the fine at

Continued here:

http://www.bangkokpost.com/news/local/1853...-torture-action

-- Bangkok Post 2009-06-16

[Spee]

DSI pursues torture action

Mr Ekkawat lodged a complaint with the DSI, accusing the six officers of torturing him including beating him and administering electric shocks to his testicles.

Absolutely horrific if the allegations are correct. It has apparently taken 50+ months to get an investigation underway. How long will it take to complete the investigation? And prosecute if the allegations have merit?

[kurnell]

I recall a picture on the front page of the Bangkok Post some years ago showing a 'police officer' twisting the ears of an African suspect.

[angiud]

When I was a boy, my teacher twist my ears too.

[Briggsy]

Beating a confession out of a suspect is fairly standard operating procedure here.

I remember this case. After realising they had gone "a bit too far", they took him to hospital with burns to his scrotum and other parts of his body. The first hospital, a government one, colluded with the police in writing a medical report showing only cuts and bruises.

The victim then visited a private hospital with his lawyer and a more accurate medical report was compiled showing the true extent of his injuries.

I'm surprised he is still alive. Usually if you take on the police in Thailand, you wind up dead.

[BigSnake]

Yes heard this one before got no where then and my guess it will get no where this time a round. Anyway it is worthy of a watch is about all the poor vitcim and the rest of us can do. SAD

[Carib]

Yes, torture happens a lot, all around the world. In Thailand there was even a secret prison so some nation could do their torturing there since their own laws back home had a problem with that.

Almost nobody cried out for that. Hope it gets banned all together, wherever one is.

[Scott]

The poor guy. It's humiliating enough to be tortured, but then having to show everyone the evidence was probably quite traumatic.

[sriracha john]

a group of officers manning a police booth in Phra Nakhon Si Ayutthaya had stopped Mr Ekkawat's motorcycle for a search. The officers seized the motorcycle as it did not have a licence plate

one of the more dumb-founding aspects of this case is its essentially trivial beginnings...

[Scott]

What was he accused of stealing?

[sriracha john]

This "URGENT APPEAL" from the Asian Human Rights Commission on Dec. 2, 2005 fell on deaf ears during Thaksin's time...

Good to see things at least beginning to move with a different Minister of Justice besides "Police" General Chidchai...

Good luck to Mr. Ekkawat Srimanta in his new pursuit.

==========================================================================

Please write to the Minister of Justice calling for this case to be investigated by the Department of Special Investigation under his ministry, and for proper witness protection to be afforded to the victim in order that he feel able to give a true account of what allegedly happened to him.

Suggested letter:

Dear Pol. Gen. Chidchai

THAILAND: Alleged tortured victim withdraws his complaint against the police

I am concerned by the recent action taken by alleged torture victim Mr. Ekkawat Srimanta to withdraw his lawsuit against 26 police officers from Ayutthaya province, who reportedly applied electric shocks to his penis.

Despite having initially sought legal assistance from the Law Society in bringing his perpetrators to justice, Mr. Ekkawat has now withdrawn his case stating that the lawsuit was based on a misunderstanding. The Law Society themselves only came to know of Mr. Ekkawat’s decision when he failed to appear in court for a November 11 hearing.

I am worried that the reason for this is that Mr. Ekkawat was coerced into taking money to contradict his earlier story about what had happened to him. The horrific injuries Mr. Ekkawat sustained during his torture, which were publicly documented in Thailand, make any possible ‘misunderstanding’ doubtful. I am also aware that there have been other cases in Thailand, such as the one involving alleged torture victim Mr Urai Srineh, where police coercion was also assumed to have been used.

In view of the seriousness of this case and the confusion surrounding the circumstances of Mr. Ekkawat’s withdrawal of the suit, I urge you to see to it that the Department of Special Investigation is assigned to investigate, if it has not done so already. I also urge you to ensure that Mr. Ekkawat’s whereabouts are located and that adequate witness protection is given to him in order that he is able to tell the truth about what happened to him without fear of repercussions.

In that regard, I would also request that you move to develop the Office of Witness Protection in Thailand so that it be able to play a greater role in providing security for witnesses and victims of gross violations of human rights in Thailand.

Evident from this case is that there is no adequate means by which persons can make complaints of torture and other gross abuses by the police and have them investigated and the perpetrators prosecuted. The government, therefore, must take all necessary steps to remedy this serious institutional gap. One such step, and undoubtedly the most important, would be to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without delay.

Finally, I would also call upon the National Human Rights Commission to ensure that it continue to investigate this matter, irrespective of the case being dropped, including establishing as to why Mr. Ekkawat withdrew his case.

I trust that you will take immediate action in this matter.

Yours sincerely,

-------------------------------

PLEASE SEND YOUR LETTER TO:

Pol. Gen. Chidchai Wanasatidya

Minister of Justice

Office of the Ministry of Justice

Ministry of Justice Building

22nd Floor

Chaeng Wattana Road

Pakkred, Nonthaburi

Bangkok 11120

THAILAND

PLEASE SEND COPIES TO:

Pol. Lt. Col. Dr Thaksin Shinawatra

Prime Minister

Government House

Pitsanulok Road, Dusit District

Bangkok 10300

THAILAND

[sriracha john]

What was he accused of stealing?

Gold jewelry allegedly found under the seat of the confiscated motorcycle.

This is the original "NAME AND SHAME" that the Asian Human Rights Commission issued as an Urgent Appeal with a date of November 9, 2004. It also fell on deaf ears of "POLICE" Lt-Col Thaksin:

Case 1: < snipped >

Case 2: Torture of Mr Ekkawat Srimanta at Phra Nakhon Si Ayutthaya Police Station and Uthai Police Station, Ayutthaya Province

Victim: Mr Ekkawat Srimanta, 21, a street vendor and rescue worker

Alleged Perpetrators:

From Phra Nakhon Si Ayutthaya Police Station:

1. Pol. Lt-Col. Suebsak Pinsang;

2. Pol. Snr Sgt-Maj. Preecha Meewongsom;

3. Pol. Sgt-Maj. Winai Kampang;

4. Pol. Sgt-Maj. Somchai Raksakul;

5. Pol. Sgt Pichit Sangchan;

6. Pol. Sgt Kitti Traplom;

7. Pol. Sgt Nontawat Wonghong;

8. Pol. Cpl Pakorn Satabutra;

9. Pol. Cpl Suwan Ruensawang;

10. Pol. Sgt Wirach Chantanit;

11. Pol. Sgt Chareon Meksaen;

12. Pol. Sgt Wichit Suanchimplee.

From Uthai Police Station:

1. Pol. Lt-Col. Picha Rujinam;

2. Pol.Capt.Sritong Jonrod;

3. Pol. Capt. Manoch Bunsong;

4. Pol. Snr Sgt-Maj Wichai Kernumnuay;

5. Pol. Snr Sgt-Maj Panya Enon;

6. Pol.Sgt Pensan Chantem;

7. Pol. Sgt Somkid Chodsomboon;

8. Pol. Sgt Monchai Chaloiyan;

9. Pol. Cpl Pitak Chamcharas;

10. Pol. Sgt Wasan Mingkwan;

11. Pol. Snr Sgt Wisut Raknak.

Date of incident: 2 November 2004

Case status: Twenty-three officers have been transferred to Bangkok pending the result of investigations; no suspensions or criminal actions yet.

Details of the case

Mr Ekkawat Srimanta, 21, was arrested on 2 November 2004 by officers in Ayutthaya Province, on allegations of robbery. It is alleged that officers attached to the Phra Nakhon Si Ayutthaya and Uthai police stations brutally tortured Mr Ekkawat, who was rushed to the local hospital by friends after being released without charge.

According to the information available, the officers at Phra Nakhon Si Ayutthaya station arrested Mr Ekkawat. After they took him into detention, they covered his head with a hood and beat him all over his body to force him to confess to robbery. Then they transferred him to Uthai Police Station, as the stolen goods were meant to be in the area of its jurisdiction. The officers at that station electrocuted Mr Ekkawat mercilessly, including on his penis and testicles, to have him confess.

A photograph of Mr Ekkawat in the hospital is available:

(Source: Manager)

According to reports, Mr Ekkawat has burns all over his testicles, penis, groin, and on his toes. He has injuries from beating all over his body, including the marks of combat boots on his back, swollen thighs, swollen cheeks, face and throat, and blood in his eyes.

The twenty-three officers involved in the case have now been transferred to Bangkok while investigations are ongoing. The regional commander has stated that criminal proceedings will follow. The victim has asked for the Department of Special Investigation, under the Ministry of Justice, to handle the case.

ADDITIONAL COMMENTS:

Both of these cases speak to the role of superior officers in permitting and condoning torture in their police stations, the need for external investigations, and the need for Thailand to sign and ratify the UN Convention against Torture and introduce it into domestic law.

In the first case, that a young woman could be left in a police station detention cell for over 100 days, and give birth there, indicates an institutional tolerance of gross human rights abuse. Apart from the arresting officers and those alleged to have assaulted the victims, all of those found to have been responsible for the management of the police station and its detention cells during this period must be held to account. It is simply unbelievable that the superintendent of the police station did not know that people were being held in prolonged detention in his police station, and that a young woman gave birth unattended there.

In the second case, of particular concern is that the manner of torture that was used, which bears a marked resemblance to that inflicted on the five men previously being defended by the missing human rights lawyer, Mr Somchai Neelaphaijit. In particular, the practices of hooding and applying electric shocks to the testicles and penis and other sensitive body parts suggest the work of seasoned and experienced professional torturers who have engaged in such practices many times before. The AHRC has repeatedly expressed concern that torture is widespread among state security agencies in Thailand, however, up until recently intimidation and limits to freedom of expression in the media have meant that it was not publicly discussed. Reports that are now coming out suggest that the Uthai Police Station is notorious for abusing detainees; these practices can only be perpetuated at an institutional level with the encouragement of the officers-in-charge.

In both of these cases, the important thing is that external investigations leading to criminal prosecutions be conducted; internal inquiries are not enough. A senior judge has already stated that the officers must be suspended, not merely transferred, and face criminal charges. The Department of Special Investigation (DSI) under the Ministry of Justice and the Office of the Attorney General should be the lead agencies in the inquiries. Thailand does not have any independent agency for investigating the police. However, there have been many calls from within the country for urgent changes to the management of criminal cases so that the Attorney General will be given a lead role in investigations rather than the police.

Although article 31 of the Constitution of Thailand prohibits torture, the government has not signed or ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Nor is there a specific provision prohibiting torture under the Penal Code of Thailand. The current domestic legal provisions to deal with torture in Thailand fall far short of that envisaged by the CAT, and cannot effectively address the serious endemic torture that the AHRC believes persists in the country. However, Thailand has for some time indicated that it would ratify the CAT, and in recent days the Minister of Justice has spoken out against police torturers. Therefore, the opportunity now exists to urge strongly the government of Thailand to ratify and implement the CAT.

[Spee]

Jeezus, that's unbelievable. Disregard my previous bit about allegations.

[Carib]

Poor guy.

[sriracha john]

the practices of hooding and applying electric shocks to the testicles and penis and other sensitive body parts suggest the work of seasoned and experienced professional torturers who have engaged in such practices many times before.

Indeed, Ekkawat was not the first...

Anek Yingnuek was arrested by officers of the Phra Nakhon Si Ayutthaya Police Station on 9 September 2004 on charges of robbery. At the police station, he was allegedly tortured for several hours. The police allegedly beat him with a PVC pipe and suffocated him with plastic bags. They also allegedly electrocuted him on his penis, testicles and other body parts. Three of Anek's friends were also allegedly tortured, and charged. At least one of the officers was later implicated in the torture of another victim, Ekkawat Srimanta.

And still others...

Ekkawat Srimanta, a victim of brutal genital torture by police, was at no time given witness protection despite the high publicity around his case and his lodging a criminal complaint against the alleged perpetrators. Finally, he withdrew his complaint without informing his lawyer on 11 November 2005. He subsequently stopped contact with human rights defenders and his lawyer, and is believed to have been paid money and coerced by the police into withdrawing the case. The failure to provide him with protection and give him guarantees for the duration of legal proceedings made him an easy target.

Urai Srineh, also a victim of genital electrocution and torture, was not given any form of protection, despite having been visited by government officers shortly after his release by the police while being treated in hospital for very serious injuries. It is known that he was also visited there by police officers representing those accused of having committed the torture, who offered him money not to report the case. Like Ekkawat, Urai has since moved to another part of the country. Again, the failure to recognise the immediate needs of the victim to be protected from possible threats and coercion made him highly vulnerable.

- Witness Protection Program of Thailand

United Nations Commission on Human Rights / 2006-02-28

[Scott]

This makes me wonder what they do to the poor guys in the South--whom they really don't like.

[sniffdog]

When I was a boy, my teacher twist my ears too.

At 50, my girlfriend still does ....

[TheLaughingMan]

Yes, torture happens a lot, all around the world. In Thailand there was even a secret prison so some nation could do their torturing there since their own laws back home had a problem with that.

Almost nobody cried out for that. Hope it gets banned all together, wherever one is.

Yes lets gloss over Thailands immense problem with human rights abuses by pointing out the faults of other countries.

[Ulysses G.]

Yes, torture happens a lot, all around the world. In Thailand there was even a secret prison so some nation could do their torturing there since their own laws back home had a problem with that.

Almost nobody cried out for that.

Probably because they were a bunch of mass murderers who got the instant karma that they deserved.

[Carib]

Judging by the answers there seem to be differnt kinds of torture, in my book that is not so.

[Junglejumbo]

It's somewhat surprising that a street vendor would go and find a lawyer, and secondly that a lawyer would bother taking on the case of a poor person.

It's not surprising that things have taken so long. I guess that this is because until the last 12 months or so the DSI wasn't interested in taking on these cases, leaving it to the police to solve. This was probably why he wasn't killed by the police as originally the police believed that they could patch everything up in their favor. Of course as the DSI have only involved themselves in a handful of cases, these cases are in the press so hopefully this should further extend Ekkachart's life. However, after everything is over he'll either have to change his name or still face a revenge killing....

This was a sign of the times during the Thaksin era. A police man in power and license to any sadist police officer to carry out their fantasies. There was a policy to beat up petty criminals. There were pros and cons. I do remember a friend of mine being daily insulted by this drunk and drug addict neighbor on a Thai housing estate, sometimes waking him up at 3 am. Well, my friend as well as the next door neighbor got sick and tired of it and complained to the local police who knew one of the other neighbors and they got him around the corner of the block and beat him up and I think broke either a leg or an arm. Anyhow, it shut the guy up and no more problems from him in the neighborhood.

By-the-way, some S&M freaks apply electric shocks to their testicles for fun...

[Ulysses G.]

Judging by the answers there seem to be differnt kinds of torture, in my book that is not so.

There is the type of torture that is done for enjoyment. There is the type that is used to save innocent lives. Everything is not black and white.

[jamesjdaly]

I've said it before and I'll say it again DISBAND THIS GANG OF THUGS.

[sibeymai]

Whilst I have met some Thai police who uphold the law, I've also met some who would very easily be classified as nothing more than gangsters.

nothing more to add other than to remember, this is Thailand, a country which had a corrupt former policeman as the prime minister.

[kimincm]

Judging by the answers there seem to be differnt kinds of torture, in my book that is not so.

There is the type of torture that is done for enjoyment. There is the type that is used to save innocent lives. Everything is not black and white.

You voted for George Bush. The hero of "The Land of The Brave and The Free." All the fair play institutions of the world say it's wrong,but you say it's fine,that's democracy for you.

[highlander76]

How can anyone do that to someone will there be justice for the poor man unlikely this is Thailand

[Carib]

Judging by the answers there seem to be differnt kinds of torture, in my book that is not so.

There is the type of torture that is done for enjoyment. There is the type that is used to save innocent lives. Everything is not black and white.

Yes, a very legit reason, since torture will make people tell everything even lies, just to make it stop.

But since you think it is OK to save lives with that method, I am sure you will not mind it being introduced at your local home police department in the case of kidnapping or hostage situations.

Of course this will have to be covered by some lame law, but there are examples enough out there how to do that too.

Now, is drunk driving threat enough to live as well, so the suspect can be thought a lesson afterwards??

Make sure you don't get arrested, there is always a possibility that some ` law obedient officer` will supply you with the torture package of the day by ` mistake`.

[abdulrahman]

Judging by the answers there seem to be differnt kinds of torture, in my book that is not so.

There is the type of torture that is done for enjoyment. There is the type that is used to save innocent lives. Everything is not black and white.

There is the torture made by US citizen,military or civil,at home or abroad, this is ALWAYS justified,right,and made for the better good of mankind! White,clean,compassionate.

There is the torture made in the Countries friend to the US,this is a grey area,may depend on the friendship level,the publicity generated,the Mood of the Senate,usw.....Grey,smelly,but often efficient and....deniable.

Then,there is the torture made in Countries that are not on the US payroll:this is always a violation of the human rights,sadistic,injustyfied,worth of condemnation. Black,dirty,inhuman.

If you cannot see the difference,you are an US basher!

[Oberkommando]

This makes me wonder what they do to the poor guys in the South--whom they really don't like.

Or the Rohigyna, or the Burmese slave labourers, or the Malays, or the Khmer or the...

Is there anyone they actually like?

[sriracha john]

< off-topic comments snipped >

< off-topic comments snipped >

< off-topic comments snipped >

This is a Thailand-related forum.

Please try bearpit.com for any future comments

*edit: I see bearpit.com is off the air (pity...it was such a stock answer when encountering endless non-Thailand tirades for so long)

Oh well, please try some other similar forum.