Bangkok, Thailand, 28 October 2024 – The Cross-Cultural Foundation (CrCF), Asia Justice and Rights (AJAR), and eight other members of the Transitional Justice Asia Network (TJAN) express profound dismay over the Thai government’s failure to bring to justice former officials for their alleged roles in the Tak Bai massacre.
On 25 October 2004, thousands of protesters gathered outside the Tak Bai police station in Narathiwat province to demand the release of six Malay-Muslim men believed to be arbitrarily detained by Thai authorities. Security forces responded with tear gas, water cannons, and live ammunition, killing seven protesters. Following the crackdown, approximately 1,300 detained protesters were forced into army trucks for transport to a military camp over 150 kilometres away. Tragically, 78 died from crushing or asphyxiation during the journey, while many survivors sustained severe injuries and permanent disabilities.
Twenty years later, the Narathiwat Provincial Court in Aug 2024 indicted 7 defendants high-ranking officials with accusation of murder, attempted murder, and unlawful detention. Later in Oct 2024 closed proceedings against the defendants after an unprecedented lawsuit, citing the expiration of the twenty-year statute of limitations as authorities failed to apprehend the defendants. The 14 accused; 7 warrants from Narathiwat court and another 8 warrants from Pattani court – including former army commanders, police brass and officials, and a former member of Parliament – were never arraigned, highlighting the difficulty of bringing politically-influential figures to justice in Thailand and a concerning culture of impunity.
“[This case] highlights the recurring pattern of serious human rights violations in Thailand and the lack of genuine truth-seeking efforts in the past,” said Somchai Homlaor, senior advisor and co-founder of the Cross-Cultural Foundation (CrCF). “We need truth commissions and public inquiries to address past abuses and prevent future violations.”
Homlaor further elaborated on the persistent lack of accountability for perpetrators and the absence of meaningful institutional reforms within the military and police. This lack of accountability, he argued, perpetuates a cycle of violence and impunity, further evidenced by the government’s approach to transitional justice. While some elements, such as apologies from state leaders and CSO-led healing programmes, were implemented after the escalation of violence in 2004 (notably after the Krue Se mosque raid and Tak Bai massacre), efforts by the Thai government to initiate dialogue often excluded affected communities and civil society organisations.
Subsequently, military coups in 2006 and 2014 disrupted these early attempts at transitional justice, contributing to further conflict and hindering democratic development. Furthermore, the military’s restrictions on freedom of expression and assembly, coupled with a deep-seated lack of trust in the government, limited civil society participation in these processes, even in potentially credible fact-finding efforts like the Truth for Reconciliation Commission of Thailand.
Twenty years on, the Tak Bai massacre remains a defining tragedy in the ongoing conflict in Thailand’s Deep South – this predominantly Malay-Muslim-populated region, encompassing four provinces of Pattani, Yala, Narathiwat, and parts of Songkhla has endured widespread violence and severe human rights abuses. While the government and the largest of the armed groups have been in talks over a possible cease-fire deal aimed at curbing the conflicts and lifting the emergency measures the Deep South has been under since 2004, the continued use of the laws itself remains controversial as they significantly restrict the people’s rights and freedoms.
The recent expiration of the statute of limitations in the Tak Bai case, as mentioned in the Cross-Cultural Foundation’s latest statement, represents a significant setback for justice and accountability. By failing to hold perpetrators accountable, the Thai government has undermined the rule of law and perpetuated a culture of impunity that has long plagued the Deep South. This inaction further alienates the ethnic Malay-Muslim population and jeopardises efforts to achieve long-term peace and stability.
Thailand has missed a crucial opportunity to address past abuses and promote healing in the country’s long-restive south. Amending relevant laws to ensure that serious human rights violations committed by state officials have no statute of limitations is crucial. A thorough investigation into the authorities’ alleged negligence and deliberate distortion of the Tak Bai case is also urgently needed.
The conflict in the Deep South has claimed 7,632 lives and seen over 22,737 incidents between January 2004 and October 2024. Failing to address past abuses, such as the Tak Bai massacre, hinders any genuine progress towards resolving this conflict. Without justice and accountability, achieving a lasting resolution and addressing the root causes of this often-ignored conflict will remain an elusive aim.
Galuh Wandita, a Direcotr of AJAR asked for regional and international intervention on this case, emphasizing the following key demands:
- Families of the victims, survivors, and the community are entitled to the Right to Truth which is essential for accountability, for restoring dignity to the victims and their families, and for building public trust.
- In terms of reparation, the state must engage with affected individuals and communities to address and resolve issues in a manner that fully satisfies them, in accordance with human rights principles.
- The state must take comprehensive measures to prevent any recurrence of such massacres and severe human rights abuses.
- A review and potential repeal of three special laws enforced in the Deep South—martial law, the internal security law, and the emergency decree—are necessary to ensure human rights are upheld.
- The state should amend criminal law to ensure that cases of grave human rights violations involving state officials—such as the Tak Bai incident, enforced disappearances, torture, and extrajudicial killings—are not subject to statutes of limitations, aligning with international standards.