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Tak Bai massacre: Thai Supreme Court upholds ruling


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TAK BAI MASSACRE
Supreme Court upholds Tak Bai ruling

THE NATION

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Relatives of 78 victims claim lower court's finding was incomplete

BANGKOK: -- 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.

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-- The Nation 2013-08-02

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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.

Sounds like the relatives were given some very crappy advice by their lawyers! They should start by suing them.

This decision will go a long way to helping return peace to the South rolleyes.gif

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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.

Yep, that's about right.

Changing the subject completely, any more news about that muslim death threat video?

I wouldn't call that changing the subject completely, I think it is very much on topic.

Personally I hope the video is 100% genuine.

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Sounds like they should bring this up to the United Nations Human Rights organization in Bangkok, and the International Criminal Court in the Hague. The government can not determine why the residents in the south are against them. coffee1.gif

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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.

Yep, that's about right.

Changing the subject completely, any more news about that muslim death threat video?

I wouldn't call that changing the subject completely, I think it is very much on topic.

Personally I hope the video is 100% genuine.

wink.png

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It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

Does the same apply for Abhisit as well then? As The DL's rent a thugs seem to think that he was personally involved in the deaths of their terrorists in Bangkok.

It's a fair point.The issue really is whether Abhisit signed off the rules of engagement covering live fire on civilians.But I think it's significant that whatever their responsibility the practical position is neither Abhisit nor Thaksin will be made accountable for these crimes because that would implicate the military - and in Thailand army criminality is never punished.

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"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."

Cold cold cold. The Bangkok court took the chicken manure route by cowardly avoiding the issue. We all know that the top honcho of the Tak Bai massacre (Thaksin) and the top brass who turned their backs on the unlawful deaths (happening within spitting distance of where they were at the time) - are untouchables. Yet more proof, that you can get away with murder in Thailand, if you're well-connected.

It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

and the courts can play " pass the parcel " for as long as needed

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Hmmm..... Sometimes I am not sure why there is a justice system here. Feels like simply a sham to assage farangs who are more comfortable thinking there is a justice system like in the real world. 78 people dead and no one responsible ?? Have a feeling this will not go down well with the Pattani separatists, will be curious to see what they do.

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Hmmm..... Sometimes I am not sure why there is a justice system here. Feels like simply a sham to assage farangs who are more comfortable thinking there is a justice system like in the real world. 78 people dead and no one responsible ?? Have a feeling this will not go down well with the Pattani separatists, will be curious to see what they do.

Great Post. It's hard to believe that people died because of officialdom and that's it. Maybe I should say not so hard to believe in Thailand and no real outrage, where is the media, where is the Panorama or 60 Minutes investigative journalism?

Listen to me, Have I forgotten where I living ?

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Hmmm..... Sometimes I am not sure why there is a justice system here. Feels like simply a sham to assage farangs who are more comfortable thinking there is a justice system like in the real world. 78 people dead and no one responsible ?? Have a feeling this will not go down well with the Pattani separatists, will be curious to see what they do.

An accident.

General Se Dang assassination with a 308 caliber round, fired from atop a building in a military perimeter: an accident.

Accountability (whether personal or collective) is an alien notion to Thais.

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"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."

Cold cold cold. The Bangkok court took the chicken manure route by cowardly avoiding the issue. We all know that the top honcho of the Tak Bai massacre (Thaksin) and the top brass who turned their backs on the unlawful deaths (happening within spitting distance of where they were at the time) - are untouchables. Yet more proof, that you can get away with murder in Thailand, if you're well-connected.

It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

Not bad you managed to defend and condemn Thaksin in the same paragraph.

How about this

"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."

Nothing to do with the headline just a statement that they are not the ones with the power to do it. They neither upheld it or overturned it.

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If I remember rightly the original ruling from Songkhla said the army could not be punished as under the Emergency Decree at the time all actions of the army were exempt from punishment. I think an army inquiry ruled it was all a mistake, there was no intention to kill so no one was punished..

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It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

Does the same apply for Abhisit as well then? As The DL's rent a thugs seem to think that he was personally involved in the deaths of their terrorists in Bangkok.

anyth

It's a fair point.The issue really is whether Abhisit signed off the rules of engagement covering live fire on civilians.But I think it's significant that whatever their responsibility the practical position is neither Abhisit nor Thaksin will be made accountable for these crimes because that would implicate the military - and in Thailand army criminality is never punished.

I think we can hold Abhisit responsible for 2010 sort of by default. He's the one that could've taken action to stop the killing, whether he explicitly greenlighted it or not. By not resigning and calling an election, the killing was made inevitable as it was obvious that the red shirts weren't going to simply give up and go home. By contrast, I'm not sure there's anything Thaksin could've done to stop what happened at Tak Bai, because the suffocation wasn't known about until after they were already dead. But there's enough crimes that Thaksin should legitimately be held to account for, like the 1000+ deaths during the war on drugs, which was no accident.

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It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

Not bad you managed to defend and condemn Thaksin in the same paragraph.

Yes that's quite true because nothing is ever black or white.It's a world of nuance where for example, since we are talking about them, both Thaksin and Abhisit have their strong points and their weak points.Discussion to achieve understanding doesn't deal in cartoon like or bar room talk where everything is crystal clear and without ambiguity.For some that's the comfort zone where Thaksin (or Abhisit) is the devil incarnate with few if any redeeming features.But for educated and perceptive people there's always ambiguity, with the understanding that any one person may have good and bad qualities.

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It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

Does the same apply for Abhisit as well then? As The DL's rent a thugs seem to think that he was personally involved in the deaths of their terrorists in Bangkok.

anyth

It's a fair point.The issue really is whether Abhisit signed off the rules of engagement covering live fire on civilians.But I think it's significant that whatever their responsibility the practical position is neither Abhisit nor Thaksin will be made accountable for these crimes because that would implicate the military - and in Thailand army criminality is never punished.

I think we can hold Abhisit responsible for 2010 sort of by default. He's the one that could've taken action to stop the killing, whether he explicitly greenlighted it or not. By not resigning and calling an election, the killing was made inevitable as it was obvious that the red shirts weren't going to simply give up and go home. By contrast, I'm not sure there's anything Thaksin could've done to stop what happened at Tak Bai, because the suffocation wasn't known about until after they were already dead. But there's enough crimes that Thaksin should legitimately be held to account for, like the 1000+ deaths during the war on drugs, which was no accident.

I think that's fair.The drugs war initiated by Thaksin was his worst crime.One has to wonder however why Thaksin has never been charged with this and Abhisit did nothing about it during his term of office especially as we know through Wikileaks the amart was desparate to find some charge to pursue him (Thaksin) with.Why ignore the biggest crime of all? The smarter members of course already know the answer.

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So, this is not a ruling on the facts of the case, rather a ruling saying that we will not review the facts of the case. i.e. case closed.

When you consider the deep implications of opening up the Pandora's Box of having the Army being held accountable for its decisions and actions, this washing of hands by the judiciary was inevitable. We'll be waiting a long time for any kind of transparent review of Army actions against civil unrest whether it be in Bangkok or Narathiwat. Maybe the year 2112.

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We can discuss Thaksin's culpability here. Prior to Tak Bai, there was Kru Se, where several Muslim demonstrators died from hot-headed army bullets. Right after Kru Se, but before Tak Bai, Thaksin called his top brass together, showed them his mobile phone (no doubt gem-encrusted by his son, Oak), and made sure each one of them understood that He (Thaksin) was no farther than a phone call away, if ever there was another tense situation. There was. It was the demonstration at Tak Bai. Whether or not T was on the scene, He was the boss, and all the top brass knew it. Even the lowest ranked soldiers knew who was top boss. Yes, even the soldiers who were bouncing up and down on the piled-up prisoners packed like cord wood in the idling trucks - getting turned on by the pleas from those Muslim men on top to go easy on those at the bottom of the piles. Those trucks idled for hours, because neither T nor top brass could decide where to take their prisoners.

With such blatant mismanagement, and so many unnecessary deaths, there should have been at least some disciplinary action. There was none. A big ugly smelly black smudge on Thailand's reputation. They should put a baseball-sized black smudge on every Thai flag in commemoration.

Hmmm..... Sometimes I am not sure why there is a justice system here. Feels like simply a sham to assage farangs who are more comfortable thinking there is a justice system like in the real world. 78 people dead and no one responsible ?? Have a feeling this will not go down well with the Pattani separatists, will be curious to see what they do.

You can see what they do in response to Tak Bai. It's been going on ever since those incidents.

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Hmmm..... Sometimes I am not sure why there is a justice system here. Feels like simply a sham to assage farangs who are more comfortable thinking there is a justice system like in the real world. 78 people dead and no one responsible ?? Have a feeling this will not go down well with the Pattani separatists, will be curious to see what they do.

An accident.

General Se Dang assassination with a 308 caliber round, fired from atop a building in a military perimeter: an accident.

Accountability (whether personal or collective) is an alien notion to Thais.

That Se Dang shooting was a very curious affair. I still can't fathom out what possible benefit there could have been for Abhisit and co. to even want this embarrassing loose cannon killed let alone do it themselves in front of the world's media. In fact you would have thought Thaksin and his red shirts would have far more to gain from his very public demise.

Very curious indeed.

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"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."

Cold cold cold. The Bangkok court took the chicken manure route by cowardly avoiding the issue. We all know that the top honcho of the Tak Bai massacre (Thaksin) and the top brass who turned their backs on the unlawful deaths (happening within spitting distance of where they were at the time) - are untouchables. Yet more proof, that you can get away with murder in Thailand, if you're well-connected.

It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

I hope you feel the same about Abhisit and Suthep in 2010. The PM asks the army to restore order after police refuse, the army handles the situation pretty much as you would expect, given that they are an army not a police force. If one PM is charged, they should all be charged, including Yingluck if anyone gets hurt next week.

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It's not so much well connected as for the reality that the army is never accountable for its crimes, in this case an appalling atrocity.The usual suspects on this forum and elsewhere were more interested in Tak Bai as a way of attacking Thaksin.Undoubtedly he had responsibility as PM at the time and a more honourable man would have reacted differently than the callous way that he did.But he was not personally involved.These crimes were committed by the Thai army with its history of cruelty and brutality.Its senior officers have escaped scot free once again.And the reaction of the usual suspects (unless they can somehow work Thaksin in) .....a long cool silence.

I hope you feel the same about Abhisit and Suthep in 2010. The PM asks the army to restore order after police refuse, the army handles the situation pretty much as you would expect, given that they are an army not a police force. If one PM is charged, they should all be charged, including Yingluck if anyone gets hurt next week.

If, heaven forbid, protestors against the current government are shot in the streets by the army or police of course those in positions of responsibility, certainly including the PM, should be investigated and if appropriate charged.

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