August 9, 2012
THAILAND: Statement on the death penalty imposed on three police officers for extrajudicial killing of Kiattisak
Thitboonkrong
On 30 July 2012, in the Black Case No. O3252/2552 involving the murder of Mr. Kiattisak Thitboonkrong, 17 years, the
Criminal Court condemned to death the first three defendants including Pol. Snr. Sgt. Maj. Angkarn Kammoonna, Pol. Snr.
Sgt. Maj. Sutthinant Noenthing and Pol. Snr. Sgt. Maj. Phansilp Uppanant. In detail, they were penalized for one year in
jail for their offence involving the removing of dead body to conceal the cause of death and inflicted with death
sentence for premeditated murder. In the same case, the fifth defendant, Pol. Col. Montree Sriboonloue, was convicted to
seven years in jail for abusing his office since he misused his power as an in charge investigator to help other persons
from being brought to justice. The sixth defendant, Pol. Lt. Col. Sumitr Nanthasathit, was convicted to life sentence
for conspiring to commit a premeditated murder. The fourth defendant, Pol. Lt. Col. Samphao Indee, was acquitted. In
this case, the first to sixth defendants have been prosecuted for conspiring to commit a premeditated murder and
removing the body and concealing the cause of death and for abusing their power as investigation officers to prevent
other persons from being brought to justice. The first to third defendants and the sixth defendant, police officers of
the Maung Kalasin Police Station, were accused of killing Mr. Kiattisak Thitboonkrong, 17 years, an alleged offender in
a thief offence. After he was brought out of the police station, he was allegedly strangled to death and an attempt to
conceal the cause of his death was made including moving his body to a makeshift in a paddy field in Ban Bung Na,
Changharn District, Roi Et Province, and having it hung there. Eyewitnesses have also been subjected to intimidation.
The incidence took place around 21-22 July 2004 during the harsh War on Drug by the Thaksin Shinawatra government. A
number of people were found dead during the implementation of the policy to suppress drug trafficking throughout the
country including Kalasin where the killing of Mr. Kiattisak was supposed to have taken place. There are also many other
similar cases under investigation.
The Human Rights Lawyers Association (HRLA) and the undersigned human rights organizations would like to express our
opinions on the case as follows;
1. Efforts by concerned parties including the affected families, eyewitnesses, Department of Special Investigation
(DSI), public prosecutors, attorneys of co-plaintiffs, and the judges in the investigation should be commended. The case
is an exemplary attempt to bring to justice any officers committing an offence and would help to end impunity among
governmental officers. The case also reflects many obstacles to the attempt to bring to justice officers who commit
criminal offences owing to the culture of impunity whereby mutual favour is given among officers. In addition, given
that the concealing of the cause of death and destruction of evidence in this case was committed by police officers
themselves, it was not very easy to prove their guilt. Several witnesses were subjected to intimidation as well. The
verdict in this case sets a good example that governmental officers who commit any crime should also be brought to
justice, just like other civilians and other officers in higher ranks. It should help to eventually eliminate the
culture of impunity among the officers. As state officers who have more power than civilians, they shall exercise their
power cautiously, honestly, justly with integrity and respect in rights and freedom and dignity of people who own the
country. And to upkeep public order and peace, they shall refrain from abusing their power.
2. The case of Mr. Kiattisak Thitboonkrong also reflects decadence of justice system in Thailand, particularly the
misuse of power by the officers and the adoption of cruel and inhumane to penalize the juvenile alleged offenders. The
officers were involved with deceiving families of the victim, enforced disappearance of local people, committing cruel
treatment, committing murder and concealing the cause of death, all of which are an obvious breach to the rule of law
and human rights standards including the 1976 International Covenant on Civil and Political Rights (ICCPR), to which
Thailand has acceded since 27 October 1996.
3. A lack of respect of due process in a criminal justice process against a child under 18 years does exist. And such
gross negligence has partly contributed to the death of Mr. Kiattisak Thitboonkrong by the act of officers.
4. Concerned agencies involving many other ongoing investigations on similar cases in Kalasin are urged to expedite
their efforts in order to provide for justice of the victims and the innocent persons and to bring light to the truth.
5. The Human Rights Lawyers Association (HRLA) and the undersigned human rights organizations note that death penalty is
still permitted under Section 18 of the Penal Code. Capital punishment is an act to destroy the highest value of
humanity which is life, and as a result human beings should not kill each other. Such a notion is also reflected in the
Universal Declaration on Human Rights (UDHR) which enshrines the right to life and the Second National Human Rights
Master Plan (2009-2013) indicates as an indicator of success to include the review of laws which permit capital
punishment and to eliminate capital punishment within 2013. That Thailand still applies death penalty is tantamount to a
breach of fundamental human rights principle and contradicts to the trend of respecting human rights within
international community since more than 141 UN member states have revoked death penalty save for 57 countries including
Thailand. In addition, capital punishment is founded on a premise of an eye for an eye and according to studies, it has
failed to bring down the prevalence of crime. Punishment against a person should be appropriate to the causes and should
engender a learning process to aid the offenders toward repentance.
With due respect,
Human Rights Lawyers Association (HRLA)
Union for Civil Liberty (UCL)
Campaign Committee for Human Rights (CCHR)
Peace and Human Rights Resource Center (PHRC)
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia,
documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these
rights. The Hong Kong-based group was founded in 1984.
Visit our new website with more features at www.humanrights.asia.
ENDS