Pubdate: Fri, 10 Jun 2005 Source: Bangkok Post (Thailand) Copyright: The Post Publishing Public Co., Ltd. 2005 Contact: http://www.bangkokpost.co.th/ Details: http://www.mapinc.org/media/39 Author: Anucha Charoenpo Bookmark: http://www.mapinc.org/areas/Thailand Analysis DRUG SUPPRESSION CAMPAIGN BANG! YOU'RE DEAD; CASE CLOSED Human rights defenders and relatives of those killed during the February-April 2003 campaign wonder why the authorities have stopped investigating 1,639 of the 2,598 cases Prime Minister Thaksin Shinawatra's government seems less amenable to the investigation into 2,598 murder-related cases during the first war on drugs two years ago. The government's investigation panel headed by Deputy Attorney-General Praphan Naikowit recently disclosed the investigation results of the so-called shooting-to-death cases. The panel was formed in late 2003 shortly after the government could not put up with harsh pressure from human rights advocates and affected relatives of those who were shot dead during the anti-drugs campaign, who believed it might be the work of some authorities in order to show results and get rewards from the government. In the investigation report, the panel stated that it could arrest suspects in only 752 cases, could finally issue arrest warrants for suspects in 117 cases, were still looking into 90 cases and had already stopped investigating the remaining 1,639 cases due to lack of witnesses and evidence. In light of this, human rights defenders and relatives of those who were killed during the three-month campaign against drugs from February to April in 2003, came out to express their dissatisfaction at a seminar on "War on Drugs: Success or Failure?" which was jointly held by the Thai Health Foundation and the Press Development Institute of Thailand last Friday at the headquarters of the Thai Journalists Association. The defenders and the relatives were very upset and blasted the government for ignoring and being insincere about bringing all the offenders to justice _ some of whom were believed to be police who might be protected by the government. To be fair, they called on the government not to stop investigating the remaining 1,639 cases and to try to take legal action against all people involved, regardless of who they were. Somchai Homla-or, coordinator of NGOs Coalition on the Protection of Human Rights Defenders and human rights lawyer of the Law Society of Thailand, said he was very surprised at the findings, given the fact that authorities should have continued their investigation until all the offenders were punished. Mr Somchai said he did not know exactly why the investigation results came out like this. He said stopping the investigation unfinished could lead to the assumption that the government's war on drugs ended in "failure" because many drugs suspects allegedly involved in the 1,639 cases were escaping arrest and might make a comeback to the drugs trade in the near future. "I don't know why the government dared claim a victory over drug suppression despite the fact that a lot of drug suspects who might be big-time drug dealers are still on the run," he said. Mr Somchai also put the blame squarely on the intelligence-gathering system of the Office of the Narcotics Control Board and the Royal Thai Police Headquarters, and questioned why the two state agencies were lacking in intelligence information leading to the arrests of those allegedly involved in the 1,639 cases. He suspected that the authorities might be involved in the shooting-to-death cases as each murder during the anti-drug campaign was "very audacious". Some suspects had been chased and shot dead in broad daylight in front of a provincial office, while others had been shot dead in mysteriously remote areas but their bodies were dumped along public roads. Furthermore, he said, during the war on drugs he had found incidences of authorities making up evidence and witnesses, in the form of extra-judicial killings and in almost every crime case methamphetamine pills were found scattered at the scene. He said he understood that the authorities had to work under the government's directives in order to meet the drugs target within a limited time; otherwise, they might be punished or transferred out of the area. "We are worried about a culture of impunity taking place, the government's war on drugs is promoting this culture in Thai society today which we believe is undermining the country's justice process," he said. Wasant Panich, a national human rights commissioner, also shared this view of the government's war on drugs. He said he had received numerous complaints from those affected by the campaign. Mr Wasant said the affected people were divided into three groups. They included drug blacklisted people, relatives of the dead persons and people whose assets and property had been seized. He said these people claimed that they and their relatives were mistreated by the authorities, given the fact they were innocent and were never involved in drug offences. Having received the complaints, he said, he and his team travelled to get first-hand information in the areas and found suspicious events and irregularities in several drug cases. One case concerned a couple who were shot dead on a highway at night in Tak's Mae Sot district. Local police simply concluded that the deaths resulted from a drug conflict as they found a packet of 197 methamphetamine pills left inside the victims' car. He said from his investigation this was highly unlikely because when asked by the victims' relatives, the police had never shown them the material evidence or other evidence linking the couple with the drug trade. Mr Wasant called on the government to come up with special measures apart from the Justice Ministry's existing Crime Victims Compensation Act to pay compensation or give necessary aid to the relatives of those who were killed during the war on drugs. Most of the dead were family breadwinners. Somchai Kerdrungruang, the uncle of Jakkraphan Srisaard or Nong Fluk, the nine-year-old boy who was shot dead by police during a car chase on Lan Luang road, said police had overreacted to his nephew. If they had just paused to think, or had complied with the rule of law , his nephew would not have been killed like this. Nong Fluk was then with his mother Pornwipha, 38, who was driving away after seeing her husband Sathaporn ,35, being arrested in a sting operation on Feb 23, 2003. Pornwipha has disappeared since then. Mr Somchai said he believed the case of his nephew was one of 1,639 which police had already stopped investigating. "I will not give up my attempt to monitor the investigation as I want to see those who killed my nephew being charged with the crime and thrown in jail," he said. Pol Lt-Gen Watcharaphol Prasarnratchakit, commissioner of the Narcotics Suppression Bureau, has said the police were ready to re-investigate the 1,639 unfinished cases should any new evidence come to light. The commissioner said the statute of limitations on each crime case lasted 20 years. But the criminal code empowered authorities to stop investigations immediately if they found nothing leading to the arrest of suspects. They were not halting the probe because they refused to investigate or were turning a blind eye to the problem, the commissioner said. "I am very sympathetic with those affected by the government's war on drugs and am very sorry for them. Each murder case during the war had a different background and details, so the public must consider them on a case by case basis," he said. The government's drugs suppression policy was a good thing, he added, but mistakes could, and perhaps did, happen at the operational level. To learn from this and prevent future mistakes, research into the impact of the policy should be encouraged. Meanwhile, human rights defenders and relatives of the victims have called on the public to help keep an eye on the current anti-drugs campaign which was launched in April.Without public scrutiny, they fear a new round of killings. - --- MAP posted-by: Richard Lake