WHRD together with members of Khao Lao Yai-Pha Jun Dai Community Forest Conservation Group, Nong Bua Lamphu Province and Lertsak Kumkongsak, demand truth and justice from the Royal Thai Police for the murdered HRDs.
On 12 October 2020, at Suwankuha Police Station, Suwankuha District, Nong Bua Lamphu Province, Ms. Sorn Kamjam, WHRD of the Khao Lao Yai-Pha Jun Dai Community Forest Conservation Group, along with members of the group, Mr. Lertsak Kumkongsak, the Group’s advisor, as well as representatives from Protection International Thailand traveled to meet Lt. Col. Prida Sudcha, Deputy Superintendent of Suwankuha Police Station to submit the letter to the commander of the Royal Thai Police, via Suwankuha Police Station, demanding restoration of justice in the killing of Mr. Thongmuan Khamjam. The group also requested safety measures to prevent harm that may happen to the group following a series of life-threatening intimidation in recent months.
Ms. Sorn stated that she has come to submit the request for justice as the wife of Mr. Thongmuan, former sub-district chief of Dong Mafai who was assassinated on 22 April 1999 along with Mr. Som or Thong Hompromma. It is widely believed that the deaths of both HRDs were involved with their roles in opposing the construction of quarry mining in Dong Mafai Subdistrict in Nong Bua Lamphu Province.
She further stated that over the past 20 years, she has always tried to pursue and demand justice for Mr. Thongmuan. However, the killings of Mr. Thongmuan and the other three HRDs has created fear in demanding justice with the police. But now, Ms. Sorn has been fighting shoulder to shoulder with other W/HRDs in shutting down the mine, it has empowered her to return to demand justice for her murdered husband. It is important to note that the judicial process of finding the perpetrator was cut off by the investigation officer of Suwannakuha Police Station as the authorities claimed that the evidence to arrest the suspect was weak. As a result, the Provincial Prosecutor's Office of Nong Bua Lamphu Province dismissed the case.
To demand justice for Mr. Thongmuan and to end impunity, Ms. Sorn made the following points to the police as stated in the letter:
- Her documented testimony in the police’s investigation report does not match with what she testified at the time of inquiry one day after the murder on 22 April 1999. A number of important points were omitted from the documented testimony which could in fact lead to crucial evidence in the investigation. She also pointed out that after the police completed the documentation of the testimony, she was not read out the written testimony before signing to certify, as required by the legal investigation process. Instead, she was asked to sign to certify the testimony without seeing the written one.
- Asthe killing of Mr. Thongmuan was due to unnatural death, an autopsy was required. However, Mrs. Sorn has never received the medical autopsy report from the authorities.
- When Mr. Warit or Mr. On Wipae, the accused, surrendered himself to the police on 19 May1999, the investigation officer pressed the charge of supporting a homicide and illegal possession of firearm. Despite the gravity of the charges, the suspect was released on bail which is considered irregular. Moreover, it was not clear if the police investigated whether the bullets found in Mr. Thongmuan’s body matched the suspect’s firearm.
- To retrieve all facts, the community W/HRDs are requesting that all the testimonies of 57 witnesses be revealed to the group so they can see the available facts to this case.
- It was not clear why the police did not summon Mr. Auechai Watha to testify as witness to this case, even though he was the one referring to 7 witnesses (witness no. 46-52) to the investigation.
"I know that the expiration date of this case might be overdue since it is already over 20 years, but this visit is to seek justice that I have never received. What I want from the authorities today is to expedite to clear up doubts, and disclose relevant documents that can shed the light on doubts stemming from the police's flaws in the investigation process. I and my family deserve to know all the facts involved and sincerely hope that this can bring the perpetrator to be punished, and end any more impunity,” said Mrs. Sorn
While Lt. Col. Prida Sudcha, Deputy Superintendent of Suwankuha Police Station said after accepting the letter that the police would bring this issue up to discuss with the police commander in the high level to see what they can do in this matter. He also added that the Suwankuha police still take active measures to keep the community W/HRDs safe during the ongoing blockade of the mining.
Mr. Lertsak, an environmentalist rights defender who is also the leader of the Commoner’s Party, said that the police investigation report in this case is lacking a number of crucial important information. He noted that the investigation process seemed to cover up certain facts as several witnesses said that what was written in the police report did not match what they testified. Even though it was evident that his death was related to the mining dispute, the investigation did not give much weight to that point to inquire further facts such as the local officials involved with the mining, for example.
He also noted that even though the case has expired, the case involved killing of HRDs should be treated differently.
“I would like to propose amendments to the law so that after the expiration of the case, if new evidence is found and substantiated, the case should be able to be reopened. This kind of case is no different from the case of Worayuth Yuvidhya (Red Bull's heir who escaped Thailand after allegedly killing a police officer in a hit-and-run). Even after the expiration of the case, if it receives public attention, the case can be reopened,” said Lertsak
“However, if we are unable to reopen this case, we should prosecute the police or the prosecutors involved in the investigation,” said Lertsak
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