(New York) — The Thai government should promptly establish an independent body to investigate the use of lethal force by military and police in response to the violence yesterday in southern Thailand, which resulted in more than 100 deaths, Human Rights Watch said today. The Thai authorities should instruct the security forces to use lethal force only when necessary.
Thai authorities claim that unidentified armed Islamic groups launched simultaneous pre-dawn attacks on police bases and checkpoints in several districts of Yala, Pattani and Songkhla provinces in southern Thailand on Tuesday, April 28. Thai officials report that 107 suspected assailants, most between 15 and 20 years of age, and five security officers were killed after nine hours of violent clashes. Army and police sources unofficially put the number of dead assailants at more than 120. Approximately 15 persons were arrested. It was the bloodiest day in the Muslim-dominated region since violence broke out in January.
It is unclear whether all the dead were armed or involved with the alleged assailants, or if any unarmed civilians were killed, particularly when security forces stormed into the Kruesie Mosque in Pattani.
“While army and police officers certainly have the right to defend themselves when attacked, there needs to be an investigation into whether such a high level of lethal force was necessary,” said Brad Adams, executive director of Human Rights Watch’s Asia division. “The response of the security forces appears to have been disproportionate and may have harmed civilians or put them at risk, especially when heavily armed security forces stormed into the Kruesie Mosque in Pattani.”
According to senior police officials, Thai police and military officials knew about the attack in advance and were waiting for the assailants, most of whom carried machetes.
Lt. Gen. Proong Bunphandung, Police Commander of Region 9, said, “The security forces were tipped in advance about the highly coordinated attack and waiting for the poorly armed assailants, most of whom carried only machetes. . . . Most of the dead insurgent are youths of ages ranging from 15 to 20, but two of the leaders are aged about 50 and 60.”
“Many questions need to be answered,” said Adams. “If the authorities knew that attacks were being planned, why didn’t they arrest them instead of lying in wait and opening fire? Was it necessary to shoot people armed only with machetes, or could many of them have been instead taken into custody?”
While the deaths of some police officers make it clear that, in at least some cases, Thai security forces had the right to use lethal force in self defense, Human Rights Watch pointed out that each encounter has to be assessed on its own merits. In all cases, however, Thai security forces must abide by the U.N. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Basic Principles require that law enforcement officials, in carrying out their duty, shall as far as possible apply nonviolent means before resorting to the use of force. Whenever the use of force is unavoidable, law enforcement officials must use restraint and act in proportion to the seriousness of the offense. The legitimate objective should be achieved with minimal damage and injury, and with respect for the preservation of human life.
Human Rights Watch urged the Thai government and the National Human Rights Commission to conduct timely and transparent investigations into these incidents to prevent an atmosphere of impunity. If illegal force is found to have been used, all officials, including those at the highest levels, should be prosecuted or disciplined in an appropriate manner.
After recent reports that terrorist suspects in southern Thailand were tortured in police custody, Human Rights Watch expressed concern about possible mistreatment of those arrested. A prominent lawyer investigating these charges, Somchai Neelapaijit, has been missing since March and is presumed dead. Prime Minister Thaksin Shinawatra and Deputy Prime Minister Chavalit Yongchayut have made conflicting statements about the lawyer’s disappearance.
Human Rights Watch urged the Thai government to immediately allow all detainees access to legal counsel and to family members. This measure would ensure their safety and restore public confidence that they are not being mistreated.
After violence broke out in the south in January, Prime Minister Thaksin admitted that more had to be done to address underlying social problems in the region. He committed his government to large-scale development projects in the region, but they have yet to begin.
“As Prime Minister Thaksin has acknowledged, Thailand’s Muslims have for too long faced religious, cultural, and social problems,” Adams said. “The use of force on such a massive scale will only fuel resentment and political tension.”
Human Rights Watch expressed concern about the general degradation in respect for human rights in Thailand and the government’s willingness to resort to force to solve legal or social problems since Prime Minister Thaksin’s high profile “war on drugs” was launched two years ago. The government’s own figures show that more than 2,000 people were killed during the war on drugs in 2003. No serious government investigation has been conducted into these deaths.
