Thailand: Joint Statement: End Impunity and Ensure Justice for Community under Attack

(Geneva/London/Paris/Brussels, 11 February 2016) - On the first
anniversary of the death of land rights activist Chai Bunthonglek, the Asian
Forum for Human Rights and Development (FORUM-ASIA), Amnesty International
(AI), FIDH and OMCT within the framework of the Observatory for the
Protection of Human Rights Defenders and Protection International (PI)renew
calls on the Royal Thai government to ensure justice for the crimes against
Chai Bunthonglek and other members of the Southern Peasants Federation of
Thailand (SPFT) - a community-based land rights organization. We also call
on the authorities to protect all human rights defenders at risk of
intimidations, forced evictions, killings and other attacks throughout the
country.
The first anniversary of Chai Bunthonglek’s killing marks another
year of fear for SFPT community members, and impunity for perpetrators of
crimes, in Klong Sai Pattana village, Chai Buri district Surat Thani,
southern Thailand. The community, which has since 2008 been occupying
land in Klong Sai Pattana has faced killings, death threats, judicial
harassment, intimidation, destruction of property and crops, and threats of
eviction. While the Supreme Court in 2014 ordered the Jiew Kang Jue Pattana
Ltd palm oil company to vacate land in Chai Buri district, the company is
still there.
Chai Bunthonglek, 61, was shot dead by a gunman who arrived on the back of
a motorcycle at his relative’s home on the outskirts of Klong Sai
Pattana community, on 11 February 2015. He is the fourth SPFT member in
Klong Sai Pattana to be killed. The body of former motorcycle mechanic
Somporn Pattanaphum was found in January 2010 on the village outskirts,
riddled with bullet holes. In November 2012, two women human rights
defenders, trader Montha Chukaew and manual labourer Pranee Boonrat, were
shot dead, while travelling back from a local market. No one has been held
accountable for any of these brutal killings.
Police investigating the killing of Chai Bunthonglek submitted evidence to
the Public Prosecutor about three suspects, including the suspected gunman,
an individual suspected to have employed him and the alleged motorbike
driver. Only one suspect – the suspected motorbike driver - has been
brought to trial –on charges of murder, jointly premeditated murder
and possession of a firearm without permit.
While welcoming official moves to ensure justice, the Asian Forum for
Human Rights and Development (FORUM-ASIA), Amnesty International (AI), FIDH
and OMCT within the framework of the Observatory for the Protection of Human
Rights Defenders and Protection International (PI), remain concerned that
only one person has been brought to trial for a crime that appears to have
been part of a larger plot, and calls on the authorities to continue
investigations to ensure all suspected perpetrators are prosecuted, in fair
trials.
“Justice for the death of Chai Bunthonglek is of critical
importance, not only for him, his family and SPFT, but also because it would
signal a new determination by the police, the prosecution and the courts to
ensure that human rights defenders’ peaceful activism is fully
protected by the law. Ongoing impunity for threats, harassments and the
deaths of human rights defenders perpetuates a deadly environment for human
rights defenders who work on land rights and natural resources issues in
Thailand” said Evelyn Balais-Serrano, the Executive Director of
FORUM-ASIA.
The persecution faced by SPFT members highlight lack of effective
mechanisms to protect human rights defenders, particularly those operating
in rural areas with limited resources and access to remedies.
Our organisations urge that Thailand follow its support for the 2015
United Nations General Assembly resolution on the protection of human rights
defenders with immediate and effective measures. In line with its
international human rights obligations ensure that those who attack human
rights defenders are held accountable and also to create a safe and enabling
environment in which defenders may carry out their work. This includes
ensuring that all branches of the Thai state, the executive, legislative and
judicial, guided by the Department of Rights and Liberties and the National
Human Rights Commission, provide effective protection – in law, policy
and practice - for defenders at risk, and ensure remedies for those who have
been physically attacked, intimidated or harassed.