The decision by Narathiwat Provincial Court to hear a lawsuit against seven high-ranking officials accused of murdering protesters in the Tak Bai incident two decades ago is a milestone for efforts to eradicate the culture of impunity in Thai society.
It is the first time that relatives of victims affected by the state security operation have sued high-ranking officials allegedly responsible for what occurred. By Sept 12, seven defendants including Gen Pisan Wattanawongkiri, then a lieutenant general commanding the Fourth Army Region and now a Pheu Thai list-MP; Pol Lt-Gen Wongkot Maneerin, then assistant national police chief, and Siva Saengmanee, then deputy director of the Southern Border Provinces Peace-building Command (SBPPC) will be arraigned in court, or facing arrest warrants if they do not show up.
Now retirees, these defendants were the top commanders issuing orders in response to 1,500 protesters demanding the police release of six local Muslims at Tak Bai Police Station in Narathiwat on Oct 25, 2004.
The resulting ham-fisted security operation led to the deaths of 78 arrested protesters who suffocated while being transported to barracks 150km away. They were piled up as many as five layers deep for the journey, which took several hours.
Seven other protesters had earlier been shot dead by security personnel.
But no state officials have been held responsible.
The government at the time launched a probe, but the police investigation into the crowd dispersal concluded that those responsible for the seven deaths could not be identified. Prosecutors then decided not to pursue the case.
Relatives of victims received financial compensation of 7.5 million baht for each case in June 2012.
Meanwhile, the Tak Bai incident has become a symbol for this troubled region and turned the government into the enemy of the local people, playing into the hands of the separatist movement.
The armed forces have more recently been trying to win people's hearts. Yet locals' distrust of officials runs deep, making the government's plan to restore peace to the deep South much harder.
For society, the impunity in the Tak Bai case can be seen as a green light for security officials to continue these heavy-handed operations.
Security officials in Thailand have been known to use force in cracking down on protesters, with examples being two bloody crackdowns against student protests in October 1973 and 1976, May 1992 and the crackdown against red-shirt protesters in May 2010. Without a culture of accountability, such tragedies are likely to continue.
It must be noted that Narathiwat Pronvicial Court's decision to hear the case comes just before the 20-year of statute of limitation ends on Oct 24.
Lest we forget, the Tak Bai incident took place during Thaksin Shinawatra's government led by his Thai Rak Thai Party and when Gen Prawit Wongsuwon was the army chief. That said, the current government led by his daughter has the opportunity to do better by ensuring the trial is transparent.
The fact that the court is hearing this case should caution security officials to revise their security operations and act within the law.
What happened at Tak Bai has haunted society and affected communities for over two decades. Jurists can write the end of this tragic story. We only hope that the ending will be a just one.