Pheu Thai MP and former army commander General Pisal Wattanawongkiri flees Thailand to avoid arrest warrant over the 2004 Tak Bai massacre. Charges expire on October 25 under the statute of limitations, shielding him from legal action upon return.

A Pheu Thai MP and former 4th Army commander has left Thailand seeking medical treatment. At the same time, General Pisal Wattanawongkiri is wanted on foot of an arrest warrant issued by Narathiwat on Tuesday related to premeditated murder charges. In essence, these charges are linked to the controversial Tak Bai massacre in October 2004. Furthermore, after October 25th, the charges will be quashed by Thailand’s Statute of Limitations provision. In short, the Pheu Thai MP can return shielded from any potential legal actions against him over the affair.

pheu-thai-mp-and-former-army-commander-in-the-south-out-of-the-country-safe-from-an-arrest-warrant
Pheu Thai list-MP and former 4th Army commander General Pisal Wattanawongkiri has been confirmed as out of the country on medical leave. It comes after a court issued an arrest warrant for him on Tuesday after he was charged in September in connection with the infamous 2004 Tak Bai massacre in Narathiwat. On Saturday, Deputy Prime Minister and Minister of Defence Phumtham Wechayachai emphasised that it was a personal matter. (Source: Reuters and Thai PBS)

It has emerged that a leave of absence from the House of Representatives was approved for General Pisal, a Pheu Thai MP.

On Sunday, the admission came from Deputy House Speaker Pichet Chuamuangphan. 

In particular, the leave extended from August 26th to October 30th. Deputy Prime Minister Phumtham Wechayachai on Saturday underlined that a warrant issued on Tuesday for a Pheu Thai Party MP was a personal matter and not related to the party.

General Pisal Wattanawongkiri and seven others face charges related to the infamous 2004 Tak Bai massacre

General Pisal Wattanawongkiri, a Pheu Thai Party list MP, is one of eight senior officials and military personnel charged in September in relation to the infamous October 2004 Tak Bai massacre. 

Previously, General Pisal was the commander of the Fourth Army. The warrants were issued on Tuesday by Narathiwat Provincial Court after the former military officer and MP failed to respond to a summons. 

“This is a personal issue and not related to the party,” Defence Minister Phumtham insisted when quizzed by a press posse. At the same time, the deputy PM pointed out that the police were responsible for executing court warrants.

Mr. Phumtham was also clear that just because General Pisal was named on a warrant does not consequently make him guilty as charged. At the time, it is said that General Pisal disappeared sometime last month.

Also, on Saturday, government whip Mr. Visuth Chainaroon, a fellow Pheu Thai Party MP, intimated that General Pisal left Thailand last month seeking medical treatment.

MP cannot be arrested while parliament is in session as statute of limitations on charges expires on October 25

Even if the politician was in Thailand, he may not be arrested. Under Section 125 of the Constitution, MPs and Senators may not be arrested by police while parliament is in session.

Presently, the existing parliamentary session ends on October 30th. Certainly, the MP can be detained for questioning, although police must exercise extreme caution given his protected position.

Furthermore, the statute of limitations on the charges expires on October 25th. After that, it will no longer be possible for prosecutors to take action against the MP. The Tak Bai massacre is a long-standing sore, which harks back to the second government of Thaksin Shinawatra in 2004. 

At the time, a large protest broke out at Tak Bai Police Station in Narathiwat Province. It occurred following the detention of six men.

Tak Bai massacre remains a painful issue tied to ongoing insurgency and unresolved tensions in southern Thailand

Certainly, the arrests were linked to the Muslim insurgency and unrest in the region, which continues. Indeed, the massacre itself is seen as a key event hindering reconciliation efforts. 

However, police and military officials were alarmed at the coercive nature of the protests on October 25th, 2004, at the station. At one point, the violent crowd, all male, attempted to break down the barrier and enter the facility.

Undoubtedly, it represented a severe challenge to authorities in the region. Therefore, the response of authorities was harsh, indeed too harsh. Police on duty fired both tear gas and water cannons.

In turn, the large crowd of 1,500 began hurling rocks. Faced with the threat of serious injuries, the police responded with live fire into the crowd. At length, seven of the protesters were killed. 

Afterwards, police and military moved in and beat the remaining protesters. About 1,300 men were rounded up and made to lie on the ground with their hands tied behind their backs.

Brutal response to the 2004 Tak Bai protest left 78 dead, many from suffocation during transport to a camp

Later, military trucks were requisitioned, and up to 1,300 people were detained. In brief, they were placed on the trucks on top of one another with a series of levels. They were transported to Inkayut Army Camp in Pattani Province.

Afterwards, when the trucks arrived, it was found that 78 of the men had died. In addition to suffocation, others died from organ failure, while some were left injured during the five-hour trip and the torture ordeal at the hands of the security forces. 

Certainly, the incident caused outrage among the Muslim community, particularly among the insurgents. Revenge was not long in coming. On November 2nd, 2004, a Buddhist deputy police chief was found beheaded in Narathiwat.

Significantly, a handwritten note to authorities claimed it was revenge for the Tak Bai massacre. Meanwhile, in Bangkok, then-Prime Minister Thaksin Shinawatra expressed sorrow and regret for the incident. At the same time, he specifically ruled out placing any blame on security forces or the military.

Later governments issued formal apologies for Tak Bai, but legal rulings cleared military officials of wrongdoing

Afterwards, following the 2006 coup d’état, newly installed Prime Minister Surayud Chulanont offered a formal apology and appeared to blame Mr. Thaksin’s southern policies.

Subsequently, a 2009 inquest found officials not guilty of any wrongdoing. An appeal against the inquest’s results was filed in 2012, but the state and officials were found not culpable.

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In the meantime, human rights organisations, particularly Amnesty International, have campaigned on the issue. Over the last decade, they have called for legal accountability. The breakthrough came in April when the Office of the Attorney-General (OAG) filed criminal charges against nine individuals. Later in September, more people were charged with premeditated murder by force.

Attorney-General (OAG) filed criminal charges against nine individuals. Later in September, more people were charged with premeditated murder by force.

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Further reading:

Woman dies in massive fireball caused by Yala explosion in Bannang Sata near busy police living quarters

Motorcycle bomb blast seriously injures four in southern Narathiwat province in insurgency attack on town centre

Narathiwat bomb explosion leaves one senior police officer dead. PM demands tighter security

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Top insurgent leader suspected as behind Monday night’s large bomb attack on Pattani district

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