(New York) – The Thai government should end its use of blacklists of suspected militants, which could lead to arbitrary detentions and mistreatment of people in custody, Human Rights Watch said today.
Human Rights Watch has conducted research on violence in the southern provinces of Pattani, Yala, and Narathiwat. With more than a thousand deaths since a new spate of insurgency began in January 2004, Thai authorities are increasingly using flawed blacklists to pressure Muslim villagers to turn themselves in to the authorities.
Thai soldiers have admitted to Human Rights Watch that they visit villages in full combat gear, knock on the doors of blacklisted suspects, and threaten them with “serious consequences” if they refuse to voluntarily surrender. No warrants are produced and no legal procedure is invoked.
Human Rights Watch said that similarly flawed blacklists were used in the 2003 “war on drugs” in which more than 2,500 Thais were killed in unexplained circumstances. Many were killed after being put on blacklists of suspected drug dealers or users.
“The use of blacklists is eroding trust between Muslim villagers and the government because they are being used arbitrarily and without due process of law,” said Brad Adams, Asia director of Human Rights Watch. “Muslim villagers are living in fear that they will be told by district officials and security forces to surrender to authorities or face arrest––or worse.”
Reports from the 9th Region Police, based in Songkhla and in charge of the southern border provinces, indicate that as many as 4,000 Muslims in Pattani, Yala and Narathiwat have been put on the lists as of October 2005. The lists – prepared by district offices, local police and military taskforces – target known members of militant groups, such as the Pattani United Liberation Organization (PULO), the National Revolutionary Front (Barisan Revolusi Nasional or BRN), the Islamic Mujahidin Movement of Pattani (Gerakan Mujahidin Islam Pattani, GMIP) and the Bersatu, and individuals named in arrest warrants.
According to Defense Minister Thamarak Isarankura, many names on the lists are considered “high-risk” because they are suspected of being supporters of armed groups or have shown an inclination towards separatist ideology. Thai authorities seek to encourage them to surrender to prove their innocence and pledge not to participate in insurgent activities.
The Thai government claims that local administrators, military personnel, and police have carried out careful intelligence in compiling the lists of Muslim villagers. But many villagers with whom Human Rights Watch spoke disagree. For example, on December 13 a man named Maseng from Yala’s Raman district told Human Rights Watch that his 20-year-old son, who has suffered serious illnesses and has been a patient under the queen’s patronage, had been put on a list of those ordered to report to the authorities. “My son has to use medication almost all of the time and can’t even walk outside the house alone. But district officials said that those ordered to attend would be issued an arrest warrant if they failed to do so.”
“The blacklists of suspected drug dealers in the ‘war on drugs’ were full of errors and were often no more than a device to settle scores and extract bribes,” said Adams. “The use of blacklists as part of a counter-insurgency campaign is even more risky and prone to abuse.”
Muslims forced to surrender
The government maintains that complaints about the blacklists are the result of militant propaganda falsely claiming that innocent people have been forced to surrender and undergo reeducation programs. On December 10, Interior Minister Kongsak Wantana and other senior officials presided over a ceremony in Yala celebrating a highly publicized “peace-building” course. But the ceremony turned into a major embarrassment after many Muslim participants complained loudly that they had been forced to “surrender” and take part in 10 days of training at the “peace-building” school located at an army camp in the province of Songkhla.
One man at the ceremony, Masorbueli from Yala’s Raman district, was among 137 Muslim villagers, 75 from Pattani and 62 from Yala, classified by local officials in a “high risk” group suspected of supporting or sympathizing with the militants. He told Human Rights Watch, “District officials told me to report here even though I have not done anything wrong.” Local officials corroborated this, telling Human Rights Watch that there is no reason for authorities to suspect that Masorbueli is a militant. Officials from Raman district, which put his name on the list, said he had a good record of “cooperating” with authorities, including by becoming a village defense volunteer. Yet they classified him as “high risk” because they believed he was easily influenced by others and could eventually become a supporter or sympathizer of militant groups. One official told Human Rights Watch that sending him to a reeducation program would “rehabilitate his mind and ensure that he would always be a good citizen.”
Masorbueli was bitter that he had been ordered to present himself at the meeting. “I am very upset that my name is on the list. If I am sent to Songkhla for 10 or 20 days, who will then take care of my family? We are still trying to save our home from the floods. Our home has been badly flooded. There are 5,000 chickens on my farm, and I have to move them away from the flooding.”
Another man, Assan, also from Raman district, told Human Rights Watch that a letter from the district office clearly stated that he was on a list of people who must report to the ceremony on December 10. “I was compelled to go for fear of being framed for some kind of crime I had not committed,” he said.
Doloh, a village chief from Raman district, was deeply worried that people in his village were ordered to report to the December 10 ceremony and attend the training.
“I am worried because district officials told them that they must report to authorities, otherwise they would be arrested under the Emergency Decree. Those people had done nothing wrong. Now they are upset, their families are upset. This is not right, using the Emergency Decree to round up innocent people. I want the authorities to be more careful. Now I am also worried for my own safety. Many people think I gave those people’s names to district officials. They are angry,” he said.
Thai lawyers and human rights activists told Human Rights Watch that the lack of sufficient safeguards and independent supervision of the security services has heightened the risk of misconduct and abuse by local officials, including arbitrary detention of innocent people and the torture of detainees in order to extract information and confessions.
Under the Emergency Decree adopted in July 2005, anyone who defies a summons is liable to imprisonment for two years or a fine of 40,000 baht (U.S.$1,000), or both. The Emergency Decree does not recognize the right to remain silent. Because those summoned to provide information to Thai authorities under the Emergency Decree are not considered as criminal suspects, they are denied the right of access to legal counsel and the right to habeas corpus. Safeguards against torture and inhumane treatment provided by the Criminal Procedure Code, which comports with international standards, are also not applicable. The Emergency Decree also offers immunity to the government and officials from allegations of abuse by limiting the ability of victims to use civil, criminal, or administrative remedies to gain redress.
Prime Minister Thaksin Shinawatra has put a great deal of public pressure on the army and security services to solve the crisis in the south.
“One reason local authorities put names on blacklists is to show their superiors that they are doing something about the insurgency, even if it involves false claims against individuals,” said Adams.
