Thai Army Ordered To Pay Bt505,000 Compensations To Two Muslim Students

[webfact]

MARTIAL LAW

Army to pay to students detained beyond martial law provisions

The Nation

The Royal Thai Army (RTA) will pay Bt505,000 in compensation to two university students who were detained two days beyond what is permitted under martial law.

Martial law allows the detention of suspects for up to seven days only. However, Ismalae The and Amizi Manak, students of the Yala Rajabhat University, were arrested on January 27, 2008 and released only on February 4 in the same year.

On November 22 this year, the Central Administrative Court ruled in favour of the detained students.

The RTA is now ordered to pay Bt255,000 to Ismalae and Bt250,000 to Amizi plus interest of 7.5 per cent per year, which shall be calculated from January 14, 2009 or the day on which the complaint was filed against the Royal Thai Army and the Defence Ministry.

The payment must be paid within 60 days of the final ruling being made.

"We respect the court ruling. We will learn from this mistake and seek to prevent the violation of human rights in the future," Maj General Akara Tiproj said yesterday in his capacity as the spokesman for the Internal Security Operations Command (Isoc) Area 4 Forward Command.

Akara said this case would set a precedent for all authorities to carefully study the laws and strictly comply with the legal stipulations.

"We have recognised the importance of human rights. Proper measures will be in place to prevent such mistakes," he said.

-- The Nation 2011-11-28

[whybother]

I assume this was martial law that only applied in the southern region.

[jeanelie]

For what reason were the two detained? Can some one be more clear about this?

[pastitche]

For what reason were the two detained? Can some one be more clear about this?

Surely it does not matter since they were detained for longer than permitted and released without charge ie apparently had done nothing illegal.

The army have admitted they were in the wrong and will respect the human rights of detainees in the future. Seems straightforward to me

[sabye]

Amazing. Happy to see that the Army accepts responsibility for its error and that they will pay compensation. This is far better that most politicians or government agencies would have done. A big pat on the back for them. Hope the other government agencies will learn form this.

[pastitche]

For what reason were the two detained? Can some one be more clear about this?

Surely it does not matter since they were detained for longer than permitted and released without charge ie apparently had done nothing illegal.

The army have admitted they were in the wrong and will respect the human rights of detainees in the future. Seems straightforward to me

[Tanaka]

Quote: Akara said this case would set a precedent for all authorities to carefully study the laws and strictly comply with the legal stipulations. Unquote.

Surely this does not include the police force?

[lounger]

Amazing. Happy to see that the Army accepts responsibility for its error and that they will pay compensation. This is far better that most politicians or government agencies would have done. A big pat on the back for them. Hope the other government agencies will learn form this.

er nooo, its not as easy as that. The system is that the money is paid but held up somewhere and for a generous donation the name of the person duty bound to pay will be released. With the rice compensation ( mortgage scheme) the farmer gets a small % of the guaranteed rate as middle men wont hand anything over until gratuities are paid.

I guess the army general will collar 250,000 of this money and lesser ranks most of the rest.

" Where is my money?"

Ah yes your money, 255,000 was it now accommodation charges are 1,000 per day, security while in custody..say 2000pd, then there is the food, oh and the kitchen staff, electricity and provision of a lamp bulb, supervised visiting hours........... well its about 200,000 cost all told; so you get 50,000 ok?

[Briggsy]

According to the initial complaint by the 2 plaintiffs in the Songkhla Administrative Court, the principal grievance was that they were tortured until they confessed to whatever the Army wanted them to confess to.

This is the first successful case of torture in which a Thai state agency has been held accountable.

It would appear that either the Court or the Press have 'fudged' it by not mentioning the torture bit. However, the payouts reflect a lot more than being held 2 days over the permitted legal limit.

[philw]

According to the initial complaint by the 2 plaintiffs in the Songkhla Administrative Court, the principal grievance was that they were tortured until they confessed to whatever the Army wanted them to confess to.

This is the first successful case of torture in which a Thai state agency has been held accountable.

It would appear that either the Court or the Press have 'fudged' it by not mentioning the torture bit. However, the payouts reflect a lot more than being held 2 days over the permitted legal limit.

Thanks for this info and not surprising that reports are neutralised.

Neither is the revelation of torture.

Can you cite or pm me a source ???

Very important development if true.

[whybother]

According to the initial complaint by the 2 plaintiffs in the Songkhla Administrative Court, the principal grievance was that they were tortured until they confessed to whatever the Army wanted them to confess to.

This is the first successful case of torture in which a Thai state agency has been held accountable.

It would appear that either the Court or the Press have 'fudged' it by not mentioning the torture bit. However, the payouts reflect a lot more than being held 2 days over the permitted legal limit.

Where is it reported that torture was involved?

Obviously, if it was a "successful case of torture in which a Thai state agency has been held accountable" that would have been reported.

Possibly, the military agreed to a large payout so that this wouldn't be the first successful case of torture in which they were held accountable.

[TallGuyJohninBKK]

I think this is a fascinating case and court decision, especially for rule of law-lacking Thailand.

The amount awarded to each student surprised me even before reading Briggsy's account below, because 250,000 baht judgments per person are larger than a lot of times what families get in compensation for someone, an ordinary Thai, who's been outright killed or murdered.

The court awards given certainly give rise to suspicion that something else was going on here beyond a misc. two days extra of illegal detention. Add to that the fact that the victims weren't any hi-so types but rather Muslim univ. students from the South...

ADD: WOWOW!!!... Here's background on the case that confirms Briggsy's post.

THAILAND: Human Rights Lawyers Association calls to observe first trial at Songkhla Administrative Court on torture case for compensation on 26 October 2011

One excerpt:

The case is the first of its kind in which victims of torture who have been detained invoking Martial Law in the Deep South of Thailand have exercised their right through the Court to hold concerned state agencies (Royal Thai Army and Ministry of Defence) accountable for the abuse of officials under their charge in the Deep South as per the Tortious Liability of Officials Act B.E. 2539 (1996).

http://www.humanrigh...RC-FST-056-2011

According to the initial complaint by the 2 plaintiffs in the Songkhla Administrative Court, the principal grievance was that they were tortured until they confessed to whatever the Army wanted them to confess to.

This is the first successful case of torture in which a Thai state agency has been held accountable.

It would appear that either the Court or the Press have 'fudged' it by not mentioning the torture bit. However, the payouts reflect a lot more than being held 2 days over the permitted legal limit.

Edited November 28, 2011 by TallGuyJohninBKK

[TallGuyJohninBKK]

Considering the facts clearly present in this case, the news report in The Nation is pretty disgraceful.

I'm not a journalist in Thailand, so I can't say I understand all they have to deal with. But to entirely omit the "torture" element out of the entire report... WOW!

Just another reminder that what you read in the local news media may or may not bear any relationship to truth and reality.

FWIW, by comparison, I'm not finding any coverage of the case at all, now or in the past, in the BKK Post. And of course, even if I did find anything, I'd be forbidden to post it here. Unless I'm wrong about their absence of coverage, that's even MORE disgraceful.

Edited November 28, 2011 by TallGuyJohninBKK

[pacovl46]

According to the initial complaint by the 2 plaintiffs in the Songkhla Administrative Court, the principal grievance was that they were tortured until they confessed to whatever the Army wanted them to confess to.

This is the first successful case of torture in which a Thai state agency has been held accountable.

It would appear that either the Court or the Press have 'fudged' it by not mentioning the torture bit. However, the payouts reflect a lot more than being held 2 days over the permitted legal limit.

Sounds logical to me because a compensation of over 250000 Baht a piece for being held 2 days over the legal limit sounds like A LOT of money to me, considering that the minimum Thai wage is 150 Baht/day. There must have been something else otherwise they wouldn't have gotten that much!

[surangw]

Time to print up more money yet?

[Ijustwannateach]

I would hope that they were not otherwise injured than the unlawful detention and that this payment is not somehow intended to make up for further unstated injuries or offenses. It seems unusual that in this one case it would reach this point of reparations without some kind of extreme circumstances.

[Abduljabbar01]

Amazing. Happy to see that the Army accepts responsibility for its error and that they will pay compensation. This is far better that most politicians or government agencies would have done. A big pat on the back for them. Hope the other government agencies will learn form this.

Thai people learn, never!!! Thai people don't trust or like Muslim Thai. Why, they are not viewed as being Thai (born and raised in Thailand, but outsiders).

[TallGuyJohninBKK]

I would hope that they were not otherwise injured than the unlawful detention and that this payment is not somehow intended to make up for further unstated injuries or offenses. It seems unusual that in this one case it would reach this point of reparations without some kind of extreme circumstances.

An excerpt from the Human Rights Lawyers document linked above:

...and doctor’s certificate and medical record of the first plaintiff as well as photos of the wounds and other evidence to support the claim of torture.

[SICHONSTEVE]

For what reason were the two detained? Can some one be more clear about this?

Surely it does not matter since they were detained for longer than permitted and released without charge ie apparently had done nothing illegal.

The army have admitted they were in the wrong and will respect the human rights of detainees in the future. Seems straightforward to me

Yet another farce under Khun T's dismal "stewardship" of the country - can he ever get ANYTHING right?????.

[barrybankruad]

For what reason were the two detained? Can some one be more clear about this?

Surely it does not matter since they were detained for longer than permitted and released without charge ie apparently had done nothing illegal.

The army have admitted they were in the wrong and will respect the human rights of detainees in the future. Seems straightforward to me

Yet another farce under Khun T's dismal "stewardship" of the country - can he ever get ANYTHING right?????.

Why does some clown always have to bring Thaksin into it? The illegal detentions (and perhaps torture) happened in 2008!!! Now what about the Army giving compensation to the relatives of the 90 plus civilians they slaughtered on the streets of Bangkok.

[KKK]

Quote: Akara said this case would set a precedent for all authorities to carefully study the laws and strictly comply with the legal stipulations. Unquote.

Surely this does not include the police force?

It does and has.....see http://www.thaivisa...._1#entry4518051

A man wrongfully implicated and detained by the police Narcotics Suppression Bureau has been awarded Bt300,000 in compensation.

Anyway nice to see that accountability has at long last reached some of Thailand's public servants.......well done to the guys who won the cases and the lawyers who represented them....must have taken some guts to stand up against both the army and the police....congratulations....

Next we need to see accountability for polititians .... no more lies (300 baht minimum wage, credit cards for farmers etc) to win votes...and all those envolved in the illegal constructions blocking Bangkok's canals that made the flooding worse than it should have been.

Edited November 29, 2011 by KKK

[hellodolly]

Considering the facts clearly present in this case, the news report in The Nation is pretty disgraceful.

I'm not a journalist in Thailand, so I can't say I understand all they have to deal with. But to entirely omit the "torture" element out of the entire report... WOW!

Just another reminder that what you read in the local news media may or may not bear any relationship to truth and reality.

FWIW, by comparison, I'm not finding any coverage of the case at all, now or in the past, in the BKK Post. And of course, even if I did find anything, I'd be forbidden to post it here. Unless I'm wrong about their absence of coverage, that's even MORE disgraceful.

It is pretty disgraceful that TV uses the nation as their primary source of reporting.

As for the torture I sincerely hope that is the case.

If it is not the case it would begin to have Thailand going down the slippery path that the states are following.

Just sue for any thing no matter how little it is.

In Florida they actually had a person successfully sue a theater because the movie did not start at the advertised time.

[hellodolly]

Amazing. Happy to see that the Army accepts responsibility for its error and that they will pay compensation. This is far better that most politicians or government agencies would have done. A big pat on the back for them. Hope the other government agencies will learn form this.

Thai people learn, never!!! Thai people don't trust or like Muslim Thai. Why, they are not viewed as being Thai (born and raised in Thailand, but outsiders).

Why they not try be Thai rather than outsiders?

[Card]

Amazing. Happy to see that the Army accepts responsibility for its error and that they will pay compensation. This is far better that most politicians or government agencies would have done. A big pat on the back for them. Hope the other government agencies will learn form this.

mmmmmm...... They didn't admit full responsibility in the Tak Bai massacre or any responsibility for the Temple shootings or the killing of journalists during the red shirt demonstrations - even had the official report doctored. I wouldn't pat them on the back.

[Macmundi]

This is probably the smallest case they have to be responsible for amongst the other human rights offenses they have committed. How else would the Southern Muslim communities' anger accumulated so much. Let this be a tiny step to start to mend the hurt in our southern brothers' hearts.!

[beano2274]

How many human rights articles does Thailand break every day?

Article 19, gives everyone the right to say what they want about who they want.

Article 23 anyone can do whatever job they want to do, am sure Thai Law says something different.

Anyhow, at least some justice has been served.

Edited November 29, 2011 by beano2274

[sparebox2]

A few days of inconvinience and you are half a million richer.

Not a bad deal. Not bad at all.

[TallGuyJohninBKK]

Maybe you should sign up for a course of the same treatment the Muslim students received, so you can speak to the experience firsthand...

Just make sure you have your doctor available to treat your wounds afterward.

A few days of inconvinience and you are half a million richer.

Not a bad deal. Not bad at all.

[SICHONSTEVE]

For what reason were the two detained? Can some one be more clear about this?

Surely it does not matter since they were detained for longer than permitted and released without charge ie apparently had done nothing illegal.

The army have admitted they were in the wrong and will respect the human rights of detainees in the future. Seems straightforward to me

Yet another farce under Khun T's dismal "stewardship" of the country - can he ever get ANYTHING right?????.

Why does some clown always have to bring Thaksin into it? The illegal detentions (and perhaps torture) happened in 2008!!! Now what about the Army giving compensation to the relatives of the 90 plus civilians they slaughtered on the streets of Bangkok.

Show me where it's been proved that the army killed the protesters!!!!

Here's a couple of quotes from an 154 page report by HRW (human rights watch):

" But it is not a partisan effort. While there is plenty of blame for trigger-happy soldiers, the red shirts are not spared. Armed “black shirts” allied to the reds appear to have instigated the first deadly clashes on April 10th and to have joined ensuing battles against the army. Grenades were fired into army bases and police posts. Armed men stormed a hospital where soldiers were reportedly billeted".

"While red-shirt leaders claimed the mantle of peaceful, non-violent protest, they urged their own supporters to prepare for war. “Bangkok will be a sea of fire,” vowed one leader. This was not far off the mark: arson attacks spread across the city as the army closed in on the protest camp. Other leaders made similar blood-curdling speeches on stage".

The red-shirts (like the army) aren't exactly a bunch of angels are they!!!!:jap:.

[philw]

Yet another farce under Khun T's dismal "stewardship" of the country - can he ever get ANYTHING right?????.

Why does some clown always have to bring Thaksin into it? The illegal detentions (and perhaps torture) happened in 2008!!! Now what about the Army giving compensation to the relatives of the 90 plus civilians they slaughtered on the streets of Bangkok.

Show me where it's been proved that the army killed the protesters!!!!

Here's a couple of quotes from an 154 page report by HRW (human rights watch):

" But it is not a partisan effort. While there is plenty of blame for trigger-happy soldiers, the red shirts are not spared. Armed "black shirts" allied to the reds appear to have instigated the first deadly clashes on April 10th and to have joined ensuing battles against the army. Grenades were fired into army bases and police posts. Armed men stormed a hospital where soldiers were reportedly billeted".

"While red-shirt leaders claimed the mantle of peaceful, non-violent protest, they urged their own supporters to prepare for war. "Bangkok will be a sea of fire," vowed one leader. This was not far off the mark: arson attacks spread across the city as the army closed in on the protest camp. Other leaders made similar blood-curdling speeches on stage".

The red-shirts (like the army) aren't exactly a bunch of angels are they!!!!:jap:.

No sane person can doubt that the RTA shot and killed a large number of unarmed civilians.

No sane person.