PM rules out emergency decree to extend prosecution period for Tak Bai massacre suspects as lawyer pushes for legal action against officials. Statute of limitations expires Friday, sparking debate over impunity and public confidence in southern provinces.
On Thursday, following a militant attack in Pattani province overnight, Prime Minister Paetongtarn Shinawatra ruled out issuing an emergency decree to extend the prosecution period for 15 on-the-run top officials and senior figures charged in relation to the Tak Bai massacre on October 25, 2004. In effect, the statute of limitations expires on Friday night. Ms. Paetongtarn said that the government had, this week, consulted the Council of State on the issue. Her comments came as a Muslim lawyer with the Narathiwat Muslim Lawyer Centre, Useng Doloh, on Thursday proposed legal prosecution of lower officials who, since the massacre, have failed to prosecute those responsible. He warned that a culture of impunity has damaged public confidence in the southern provinces.
Prime Minister Paetongtarn Shinawatra made an impassioned call for peace in the South on Thursday. It comes just 24 hours before the statute of limitations is due to expire relating to the notorious Tak Bai massacre.
On October 25, 2004, 85 Muslim protesters at Tak Bai station died due to a heavy-handed police and military response. In short, seven died from live fire gunshot wounds. Afterwards, 78 suffocated in military transport vehicles while being taken to a detention camp.
In August, the then 4th Army Commander General Pisal Wattanawongkiri took a leave of absence from parliament for medical treatment.
Government confirms no further legal actions can be taken after statute of limitations expires on Friday
The Pheu Thai Party list MP is one of 15 defendants for whom arrest warrants were issued in recent months by Narathiwat Provincial Court. Notably, all defendants have disappeared.
At this time, it appears that no further legal actions can be taken after 11:59 pm on Friday, October 24, 2024.
On Thursday, Prime Minister Paetongtarn addressed reports and confirmed that a possible emergency decree in the case cannot be issued. Previously, it was suggested that a special decree or law to circumvent the statute of limitations could be used.
Bomb attacks in Narathiwat just a week before the Tak Bai massacre anniversary injures eight security force personnel
Pheu Thai MP and former army commander in the South out of the country safe from an arrest warrant
However, at 3:35 pm on Thursday, the PM rejected the proposal. Certainly, she confirmed that the Council of State had been approached about the proposal under Sections 172 and 174 of the Constitution. These provisions allow the government to introduce overriding legislation to maintain public order.
Nonetheless, the council reported that such a move would not be appropriate in this case. Indeed, it would be considered as infringing on the rights of the citizens against whom the charges were made. Prime Minister Paetongtarn quoted Section 26 Paragraph 2 of the Constitution, particularly the provision that prohibits any legal actions aimed at one person or particular groups of people.
Paetongtarn stresses government’s commitment to addressing southern provinces’ concerns amid tensions
Nevertheless, Ms. Paetongtarn was anxious to underline the government’s desire to address the concerns of people in the southern provinces. She suggested she would visit the area when the time was appropriate. Furthermore, she did not rule out moves to provide additional compensation for the families concerned.
“I would like everyone to be aware of such violence and not want it to happen again, I want peace. Certainly, I don’t want all parties to be in conflict with each other. And don’t link violent cases to politics,” she declared.
Furthermore, the PM stated that every Prime Minister since her father in 2005 had tried to address the Tak Bai massacre sincerely. She insisted that all had good intentions on the issue.
The government has not washed its hands of responsibility, she said.
In addition, she expressed hope that the negotiators on both the government and insurgents’ side engaging in peace talks would continue to work hard to bring peace.
PM concerned about imminent legal actions by families after militant attacks in Pattani province
At the same time, she said she was concerned with possible imminent legal actions being taken by families of the deceased.
Ms. Paetongtarn was speaking after attacks on a government facility in Pattani province on Wednesday night. Approximately 11 armed militants were involved in operations targeting a local government office in the Panare district of the province. A bomb was detonated near Panare Police Station, where two defence forces volunteers were wounded.
Later, further explosions damaged government property and vehicles in the area.
After that, a stolen vehicle was used to bring a pipe bomb to a location where it was exploded, targeting military personnel. However, no one was injured in that attack.
Meanwhile, on Thursday, a Muslim lawyer at the Narathiwat Muslim Lawyer Centre spoke about the approaching deadline.
Certainly, he acknowledged that no legal actions may be taken after Friday night. However, on some charges, it may be possible to extend action until Monday, October 28.
Muslim lawyer condemns government’s handling of the case and warns of impunity culture’s impact
However, Mr. Useng Doloh condemned the actions of government officials and entities in the matter.
“If even a minute has passed, legally, no action can be taken because the warrant concerns public order. It cannot be extended. This is different from the civil statute of limitations, where even if the statute of limitations has expired, we can still use our right to fight the case regarding the statute of limitations. However, in criminal cases, we cannot use this opportunity. When the statute of limitations expires, it will be strictly interpreted as expired,” he explained.
“If this really happens, we will try. With the limited time, we only had about one year left to wait for justice from government officials. In reality, the government should have handled this case from the beginning. But in contrast, the government ignored it, leading to a culture of impunity for the defendants, since the defendants were high-ranking civil servants and government officials.”
The lawyer stated that the situation post-October 25 will be that the government will lack credibility in the South. Mr. Useng asserted that the case identified clearly a culture of impunity at work. Certainly, this is because they were high-level officials, including a former provincial governor.
Lawyer suggests prosecuting lower officials for failing to act on massacre in pursuit of justice
However, he suggested another legal strategy. That would be to target lower-ranking officials since 2005 who failed to take action against the officials involved. For instance, they may be prosecuted for dereliction of duty in the case.
In particular, he has identified police chiefs and investigators linked with Nong Chik and Tak Bai Police Stations.
Essentially, the case boils down to the earnestness and sincerity of authorities in prosecuting this Tak Bai massacre case. At this time, it is a stain that will undermine the confidence of the Muslim community in the three provinces blighted by the ongoing insurgency.
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Further reading:
Pheu Thai MP and former army commander in the South out of the country safe from an arrest warrant
Narathiwat bomb explosion leaves one senior police officer dead. PM demands tighter security
Pattani bombs put Thai security agencies on alert as they gear up for APEC Summit in Bangkok
Top insurgent leader suspected as behind Monday night’s large bomb attack on Pattani district
2 killed in 15-minute firefight between security forces and insurgents as Pattani siege is ended
