Two months ago, the families of the victims killed in the Tak Bai incident in Narathiwat two decades ago finally saw justice reaching out to them after the provincial court accepted their lawsuit against eight senior officials who were allegedly involved.
Now, however, their hopes have diminished because the eight suspects have reportedly vanished. The police must bring them to stand trial at the Narathiwat Provincial Court by Oct 25 before the 20-year statute of limitation expires. Failing to do so will mean that the suspects can return home as free men.
The disappearance of suspects in this landmark case will greatly damage the government's attempt to win the hearts of people living in the restive southern province. Indeed, the Tak Bai lawsuit has become a symbol of the struggle against the state's culture of impunity. It is the first time that relatives of victims affected by state security operations have sued high-ranking officials allegedly responsible for any excessive violence that occurred.
Among them are Pol Gen Wongkot Maneejan, a former director of the operations centre of the Royal Thai Police's front office; Siwa Saengmanee, a former deputy director of the Southern Border Provinces Peace Centre; and Gen Pisal Wattanawongkiri, a Pheu Thai MP who was the former commander of the Fourth Army Region in the South.
They gave orders in the handling of a riot at the Tak Bai Police Station on Oct 25, 2004. The plaintiffs allege that their orders resulted in the deaths of 78 arrested protesters who suffocated while being transported to barracks about 150 kilometres away.
They were allegedly piled up as many as five layers high for the journey, which took several hours. Seven other protesters were allegedly shot dead by security personnel earlier.
It is shocking that no officials were held accountable. The police back then launched an investigation and concluded that those responsible for the seven deaths could not be identified. Relatives of the victims received financial compensation of 7.5 million baht for each case in June 2012.
What is shocking now is that the attitude of officials and politicians has not changed. No officials seem to be active in trying to find those guilty of the crime. Justice Minister Tawee Sodsong told the media to ask the Royal Thai Police about the progress in arresting the eight wanted defendants. Deputy Prime Minister Phumtham Wechayachai says he does not know Gen Pisal's whereabouts.
It is not the first time that powerful defendants have fled from justice. The most glaring example case is that of Vorayuth "Boss" Yoovidhya -- the defendant in a 2012 hit-and-run case. The Red Bull scion fled the country in April 2017, allowing the lawsuits against him to expire. Meanwhile, his final case will expire by September 2030.
The justice system is also to blame for the delay of justice. A recent case involved former culture minister Itthipol Khunpluem, who was charged last year by a public prosecutor for approving the illegal construction of a condominium complex in Pattaya in 2008.
The court finally threw out the case recently because the statute of limitations in the lawsuit had expired after 15 years, not because he was found not guilty.
This Oct 25 will mark two decades since the Tak Bai incident. The authorities must try to bring all defendants to stand trial. The case is not only about the families of those victims. It is about how Thailand can overcome a culture of impunity.