Koh Tao murders: Police avoid NHRC a fourth time

04 พฤศจิกายน 2557

Police handling the Koh Tao murders case have for the fourth time missed their appointment with the National Human Rights Commission to counter charges they tortured suspects into confessing.

Please join us on our Facebook page http://www.facebook.com/bangkokpostlearning

Niran Pitakwatchara, head of the National Human Rights Commission (NHRC) sub-committee on civil and political rights, chairs a meeting on the Koh Tao case last week. Thai police were not present. APICHIT JINAKUL

Police refuse to answer 'torture' claim

Human rights agency mulls filing complaint

Paritta Wangkiat & Wassayos Ngamkham

Police handling the Koh Tao murders case have again stood up the National Human Rights Commission (NHRC), which has repeatedly invited investigators to its headquarters to clear up allegations they tortured two Myanmar suspects to confess.

Myanmar suspects Win Zaw Htun and Zaw Lin have been held in the Koh Samui lockup since they were officially charged with the brutal Sept 15 murders of English tourists David Miller, 24, and Hannah Witheridge, 23.

On Monday, Niran Pitakwatchara, head of the commission sub-committee on civil and political rights, said the NHRC would begin debating whether it should file a complaint against forensic police, Police Region 8 and the Metropolitan Police Bureau after the three departments failed to show up for the fourth time.

The NHRC has invited representatives from the three departments handling the case every Monday since Oct 13 to answer allegations they tortured Win Zaw Htun and Zaw Lin into confessing they killed two British tourists on the island Sept 15.

Both men have since retracted their confessions.

According to Dr Niran, police representatives told them the invitations were sent at very short notice and fear any statements they give could adversely affect the case.

Under the NHRC Act, the NHRC can file a complaint with police to take action against anyone who does not respond to NHRC requests for explanations.

The NHRC is investigating two complaints they received in connection with the Koh Tao murder probe. The first was on behalf of Win Zaw Htun and Zaw Lin. They received a separate complaint by two other migrant workers on Koh Tao alleging police abuse, Dr Niran said.

Both complaints were filed by civil society groups, but he could not reveal the names of the groups, he said.

It was previously reported that the Lawyers Council of Thailand and Win Zaw Htun and Zaw Lin's parents had petitioned the NHRC.

National police chief Pol Gen Somyot Pumpunmuang told the Bangkok Post he understands that the NHRC has to perform its duty and try and help the Myanmar suspects.

But, he said, it is not possible for police to discuss any part of their investigation, for fear of violating the Criminal Code, Section 157 for revealing confidential and sensitive information.

But Dr Niran said the NHRC does not wish to expose details of the case, only whether the police engaged in misconduct. "We are investigating the alleged torture and abuse of the suspects," Dr Niran said. "We are not investigating the murder case."

Surapong Kongchantuk from the Lawyers Council of Thailand said the suspects' parents on Monday filed another complaint with the Department of Special Investigation (DSI). They asked the department to re-investigate the murder case as well as the allegations of torture.

Mr Surapong said it was the duty of the DSI to give justice to people.

"I hope the DSI will give them a chance in this case," he said.

DSI chief Suwana Suwanjuta said the department will consider whether the Koh Tao case is a "special case". The DSI can only handle cases requiring special investigation.