The Narathiwat Provincial Court has issued arrest warrants for 6 officials facing trial for the Tak Bai massacre and requested that the House of Representatives release one defendant who is a Pheu Thai MP to the police after the 7 officials failed to come to court on Thursday (12 September).

The family members of Tak Bai Massacre victims and their lawyers at court on Thursday (12 September)

The lawsuit was filed by 48 people who lost family members in the 25 October 2004 Tak Bai massacre against 9 military, police, and civilian officials for murder by torture or acts of cruelty, coercion, unlawful detention, and malfeasance. On 22 August, the Court accepted the lawsuit against 7 of the officials:

1. Gen Pisarn Wattanawongkiri, former Fourth Army Region Commander, currently a Pheu Thai party-list MP;
2. Gen Chalermchai Wirunpeth, former Fifth Infantry Division Commander;
3. Pol Gen Wongkot Maneerin, former director of the Royal Thai Police Forward Post’s Command Centre and former Senator;
4. Pol Lt Gen Manot Kraiwong, former Chief of Provincial Police Region 9 and former Senator;
5. Pol Maj Gen Saksommai Phutthakul, former Superintendent of Tak Bai Police Station;
6. Siwa Saengmanee, former Deputy Director of the Southern Border Provinces Administrative Centre and former Deputy Permanent Secretary of the Ministry of the Interior; and
7. Wichom Thongsom, former Governor of Narathiwat.

The first court date was scheduled for yesterday (12 September). However, the 7 defendants did not come to court. A public prosecutor serving as defence attorney for Siwa and Wichom told the judge that the defendants could not be reached since the lawsuit was accepted and that they are not sure whether the defendants still want to be represented by them. Lawyers representing other defendants said the same.

The Court therefore decided to issue arrest warrants for 6 of the 7 defendants who are former military, police, and civilian officials. The police and court marshals are ordered to arrest them on sight and to bring them to court before the statute of limitations expires on 25 October.

Meanwhile, Pisarn has parliamentary immunity as an MP and so cannot be arrested, detained, or questioned while parliament is in session. The Court has issued an urgent request to the House Speaker for Pisarn’s arrest. Another summons was also issued to Pisarn, along with a letter informing him that the Court has requested that the House allow his arrest and asking him to waive his immunity and come to court on the next court date on 15 October.

On 25 October 2004, a demonstration took place in front of the Tak Bai Provincial Police Station in Narathiwat.  The protest was in response to the detention of 6 members of a village security team accused of providing arms to insurgents. The detainees claimed that their weapons had been stolen. After the crowd grew to around 2000 people, police attempted to disperse the protest with tear gas and water cannons. When protesters responded by throwing rocks, police fired live ammunition, killing 7 people.

Over 1300 people were detained at the scene. They were stripped to the waist and had their hands tied behind their backs. Some were beaten with gunstocks. They were then stacked on top of each other in trucks and transported to Fort Ingkhayutthaborihan, a military base in Pattani, 150 kilometres from the original location of the protest. 78 more people died from suffocation or organ failure during the 5-hour drive. No state official has so far been held accountable for the massacre.