Thailand’s Tak Bai Case Expires, Sparks Political-Security Concerns

Tak Bai
Relatives of those who died in the Tak Bai incident gather at a cemetery in Tak Bai district, Narathiwat Province on October 25, 2024, to commemorate the 20th anniversary of the Tak Bai incident.

BANGKOK — After Thailand’s statute of limitations expired on October 25, 2024, for the 2004 Tak Bai incident that resulted in 85 deaths, various parties have shown their reactions.

In addition to political opposition and Thai activists, UN human rights experts have urged the Thai government to take immediate action to ensure accountability and uphold the rights of victims’ families to truth, justice, and reparations after two decades of waiting.

The incident occurred on October 25, 2004, when Thai security forces confronted protesters from the Malay Muslim minority community in Narathiwat Province. Seven people were reportedly killed during the initial confrontation.

Subsequently, 1,370 protesters were arrested and transported to a military camp in Pattani Province.  During the transfer of protesters onto trucks, in some vehicles protesters were forced to lie stacked on top of each other, leading to 78 deaths from suffocation.

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The victims’ families filed a lawsuit this April accusing seven soldiers and officials of murder, attempted murder, and unlawful detention. This came after Amnesty International Thailand reminded them of their last chance before the statute of limitations expired.

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FILE -Community leaders perform religious ceremonies for those who died in the Tak Bai incident on October 25, 2004, when during the transfer of protesters onto trucks, protesters were forced to lie stacked on top of each other, leading to 78 deaths from suffocation. (Matichon Photo)

The officials facing murder charges are mostly the drivers of the trucks, but also Gen. Pisal Wattanawongkiri, commander of the 4th Army Region at the time of the incident and Chalermchai Wirunphet the commander of the 5th Infantry Division.

Prayuth Bejraguna, a spokesperson for the Office of the Attorney General, stated on September 17 that the Attorney General’s Office received the case from police investigators in April this year and had done their best to expedite the process, resulting in the indictment decision.

“Although the eight suspects did not wish the victims to have died, getting only 25 trucks to transport more than 1,000 protesters was too crowded to be an appropriate way to transport people. The defendants’ action could be expected to result in the victims being suffocated to death,” he said.

However, after the Narathiwat Provincial Court issued arrest warrants for 7 suspects, none of them appeared on October 15. Despite authorities searching the homes of all seven suspects in various provinces such as Nonthaburi, Surat Thani, Songkhla, and Yala, they were not found.

Meanwhile, security officials have had to deal with periodic bombings in the three southern border provinces, resulting in injuries to military personnel in the area. These incidents are believed to be connected to the Tak Bai case.

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FILE – Thai-Muslim rioters lie on the ground after they were arrested and forced to take off their shirts by Thai security forces after rioting at Takbai district of Narathiwat province, southern Thailand, Oct. 25, 2004. (Matichon Photo)

Apology on Behalf of the Government

In Parliament, opposition party members criticized the government, particularly the Pheu Thai Party, for allowing General Phisan, who was an MP in the party, to take leave and flee abroad. General Phisan later sent a letter resigning from his MP position and Pheu Thai Party membership to prevent the party from being attacked for political opportunism.

However, General Phisan’s resignation didn’t seem to reduce the pressure. Activists and opposition members called for the government to issue an emergency decree to prevent the Tak Bai case from expiring under the statute of limitations, to avoid creating a culture of impunity.

They compared the Tak Bai case with other cases of political violence where state officials were never prosecuted, and attacked the Pheu Thai Party, saying they could not escape responsibility because they were formerly the Thai Rak Thai Party, which was the government 20 years ago under Prime Minister Thaksin Shinawatra.

On October 24, Prime Minister Paetongtarn Shinawatra announced that after consulting with the Council of State regarding the emergency decree to extend the statute of limitations, it cannot be done as it doesn’t meet the criteria and conditions. The Council stated that this case doesn’t meet the constitutional requirements and international criminal law principles for issuing an emergency decree.

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Prime Minister Paetongtarn Shinawatra apologises to the relatives of the 85 Thai-Malay-Muslim protesters killed due to suffocation 20 years ago, at the Government House on October 24, 2024.

The Prime Minister said that previous governments, including those of Thaksin Shinawatra, General Surayud Chulanont, and Yingluck Shinawatra, all shared the same regret as they are all Thai, and they provided all possible remedies to show responsibility where they could.

“This case happened 20 years ago. I am sorry for the incident and apologize on behalf of the government. From now on, we will try to work better to prevent such incidents from happening again. For those affected, I want peace to prevail. I don’t want all sides to be in conflict with each other, and please don’t link violent cases with politics,” she said.

What Follows the Tak Bai Case

Amid intense political pressure, Professor Dr. Surachart Bamrungsuk from Chulalongkorn University’s Faculty of Political Science, who has long monitored the southern border situation, says the Tak Bai case reinforces Thailand’s social division because people ignore historical facts and instead use newly constructed information for political interests.

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Yala provincial officials intensify vehicle inspections of all types of cars and motorcycles to prevent incidents during the 20th anniversary of Tak Bai incident, which falls on midnight Friday, October 25. (Khaosod Photo)

Dr. Surachart explains that the Tak Bai case has become an awkward mixture of political and security cases after memories faded. The case actually involved four separate legal proceedings: First, a case against protest leaders for causing unrest, which the Surayud government dropped for reconciliation.

Second, a civil case leading to compensation payments. Third, a case regarding seven protesters’ deaths that concluded due to lack of evidence about who fired shots or what actually happened during the chaos.

The fourth case, concerning 78 deaths during detainee transport, included court inquiries involving General Phisan as 4th Army Region Commander since 2005. After five years, it concluded that no specific perpetrator could be identified as the deaths were caused by suffocation.

Following the case’s conclusion, during Yingluck’s administration, compensation totaling 641 million baht was provided to relatives and affected persons.

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Tak Bai Provincial Police Station, Narathiwat Province

“I’m not saying compensation can replace lives – that’s a separate issue. But it has legal implications. So to say that the Thai state completely neglected the case or allowed impunity isn’t accurate, as legal processes were followed,” Dr. Surachart states.

In his article “What Follows the Tak Bai Case” in Matichon Weekly, he warns that this issue might be used to justify violent acts by insurgent groups as symbolic expression.

Therefore, the 4th Army Region may need to expedite “contingency plans” to minimize potential violence, especially civilian casualties. If protests occur, they must prevent another “Tak Bai 2” situation.

Meanwhile, since military casualties are often used to represent the success of insurgent operations, personnel protection measures should be a priority for commanders. Attacks linked to the Tak Bai case indicate insurgents’ successful political propaganda, which the government must acknowledge as the Tak Bai issue could easily become a “political crisis.” Thus, leadership must be shown by explaining both the 2004 Tak Bai problems and current related issues.

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As Dr. Surachart predicted, the Tak Bai issue and southern situation were brought to Parliament. On October 25, the statute of limitations expiry date, the House of Representatives held an urgent verbal motion debate on the Tak Bai case and approved the Law, Justice, and Human Rights Committee to study and submit proposals to the government within 90 days.

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