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Human Rights Commission: Government responsible for excessive action on October 7 (UPDATE 5/NOV with a map)

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Human Rights Commission: Government responsible for excessive action on October 7 (UPDATE 5/NOV with a map)

National Human Rights Commission has announced the recent investigation results for the violent on October 7. The first announcement was on October 17, and the second one was on October 24. The investigation is still on the way.

Police General Patcharawat Wongsuwan

Police General Patcharawat Wongsuwan

NHRC’s authorized subcommitee cleary stated that Somchai Wongsawat (the prime minister), Chavalit Yongchaiyudh, (the deputy prime minister at that time) must take responsibility for the bloodshed on October 7.

General Chavalit Yongjaiyuth will also testify before the panel today. I hope that he will reveal the whole truth with an answer to who was really behind the order to disperese protesters using an excessive weapon.

There is a rumour saying that it was a phone call from London which actually ordered the strike, and the order went over Police General Patcharawat Wongsuwan to his subordinates. The crackdown on October 7 morning happened when Patcharawat was away. However, this report is not confirmed yet.

Please stand by for more update

NHRC’s Announcements (UPDATE 28/OCT)

NHRC says PM, cabinet must take rap for Oct 7 clashes

Prime Minister Somchai Wongsawat and his cabinet ministers must be held responsible for the Oct 7 clashes between police and anti-government demonstrators, a preliminary report by the National Human Rights Commission says.

The commission has not wrapped up its findings as it was waiting for responses from Mr Somchai and from police and other agencies involved in the crackdown, said Surasee Kosolnawin, who chairs the sub-committee looking into human rights violations during the Oct 7 clashes.

He said PM’s secretary-general Chusak Sirinil had notified the panel that Mr Somchai would give a written statement.

But a source at the commission said the eight-page preliminary report showed that Mr Somchai, who was involved with giving the order to crack down on demonstrators led by the People’s Alliance for Democracy, Gen Chavalit Yongchaiyudh, who was then deputy prime minister in charge of security, and all ministers who attended a cabinet meeting before the police action was launched, must be held accountable for the clashes.

The police clash with demonstrators trying to prevent the government from making its policy address in parliament left two people dead and about 400 injured. Gen Chavalit resigned that day citing responsibility for the bloodshed. Most of the injured who testified before the sub-panel said some police officers fired tear gas canisters directly into the crowd. Evidence, including footage and still images, apparently backed up witnesses’ accounts that tear gas canisters were fired directly at demonstrators.

The panel took into consideration forensic findings which found that two types of tear gas canisters used in the operation contained explosives that could cause death and injury, it said.

A Senate panel looking into the Oct 7 clashes said Gen Chavalit confirmed he would testify before the panel today.

Source: BangkokPost

BANGKOK, Oct 18 (TNA) — Thailand’s National Human Rights Commission (NHRC) has said the government must accept responsibility for ordering police who used excessive action to disperse anti-government protesters last week which saw two people dead and nearly 500 others injured.

NHRC chairman Saneh Jamarik and chairman Surasee Kosolnavin of the NHRC sub-committee investigating the police crowd dispersal operation on October 7, together told a press conference that their initial investigation, obtained from questioning protesters from the anti-government People’s Alliance for Democracy (PAD), police and eyewitnesses, found that police fired tear gas to disperse the crowds three times, causing two deaths and the loss of many hands and legs.

Mr. Surasee said police fired tear gas without warning at demonstrators who gathered at parliament on Tuesday.

The government convened a meeting late on October 6 and mapped out plans to disperse the protesters who planned to obstruct cabinet ministers and members of parliament from attending a policy statement reading given by the government the next day.

The NHRC has found that the police-conducted dispersal operation was “excessive, violated human rights and the law“, said Mr. Surasee, and the government must take responsibility for ordering police to take action against the protesters while the police themselves must accept responsibility for how the order was carried out.

The committee chairman said the NHRC members would speed up the identification of those officers who had violated human rights and that their results would be forwarded to the government for its consideration. (TNA)

Source: MCOT English News

Black October 7 Chronicle (UPDATE 26/OCT)

(From the Investigation of Human Rights Protection Subcommittee No.1under NHRC)

In the early morning of October 7, 2008, about 6 am, while people were gathering on Rajvithee road and Uthongnai road around the House of Parliament, some were listening to the speech from the mobile stage and some were sleeping or resting nearby.

Black October 7 Chronicle Map

Black October 7 Chronicle Map

At 6:15 am, polices on Rajvithee road at Karnruan junction started firing teargas canisters into the crowd at the T-junction between Pichai road and Rajvithee road opposite the exit gate of the House of Parliament. While firing teargas canisters continously, police rows marched to approach the piles of tyres barricade on Rajvithee road near the exit gate of the House of Parliament on Pichai road. There appeared to be a person lying still, having one of his leg totally blown away in front of the exit gate of the House of Parliament. The rallying protesters near the tyres barricade crouched and some retreated to the Uthongnai T-junction. Police officers were able to successfully push the people to retreat to the Uthongnai T-junction while walking pass the injured people without offering any help until an ambulance from Vachira Hospital arrived to rescue and move the injured people out of the scene.

Interviewing with the eyewitnesses particularly the media revealed the following. The police officers, before firing the teargas canisters to disperse the crowd at Pichai T-junction opposite the exit gate of the House of Parliament, did not give any warning to the rallying crowd.

Again just after 16:00
, the police intensely bombarded teargas canisters into the crowd rallying in the Statue of King Chulalongkorn plaza, in series for about 30 minutes, resulting in casualties and severe injuries which included numerous blown off arms and legs. Also Miss Angkana Raduppanyawut died.

Interrogating on the scene witnesses revealed that the police officers, before firing the teargas canisters, did neither give any warning to the rallying crowd nor use the shields to push the crowd away. The firing of the teargas started about the time when the crowd fired 7-8 glass balls with sling shots hitting the police shields, following which, polices immediately fired the teargas.

Again at about 19:00, for as long as an hour, police officers intensely and continuousely bombarded teargas canisters into the crowd rallying at the junction between the Sri-Ayudhya road and Rajdamnoen road near the Metropolitan Police Headquarter, resulting in a lot of casualties and severe injuries which included numerous blown off arms and legs similar to the prior incident.

The cause of this last bombardment was because a police officer in the rear of police rows pulled an object and threw it into front row police five meters away. There was a blast sound and dense smoke. The police then shouted that PAD had teargas grenades. Polices then heavily fired teargas canisters into the crowd, resulted in such casualties.

Subcommittee’s Conclusion (UPDATE 26/OCT)

The execution of the police officers with force and teargas firearms in dispersal the rallying crowd without warning announcement as well as the absence of the practice in accordance with the principles set by Universal Declaration of Human Rights, resulting in severe injuries and fatality of the people and police officers, is the act which violate human rights and the laws.

The next issue is who is to be responsible in this dispersal of the rallying of the people. The opinion is that the dispersal of the rally originated from the government’s fixed determination to carry out the declaration of the government policy on October 7, 2008 as it was apparently not a dispersal to search and arrest according to the standard law enforcement processes. Moreover, there was a meeting arranged by the National Police Office and a cabinet meeting in order to plan, prepare and order a dispersal of the rally in the late night of October 6, 2008. Accordingly following such plans, on October 7, 2008, police officers used force and teargas firearms to disperse the rally. These facts lead to a belief that the police officers’ execution of force and teargas firearms to disperse the rallying crowd on October 7, 2008 orginated from the order by the government to enable the policy declaration of the government to proceed as scheduled. Therefore, when there was a violation of human rights, the government and the National Police Office must be responsible to the losts incurred.

In addition , the investigation into the facts to find the culprits for these violations of human rights will be promptly carried out by the committee.

Read the full report at www.antithaksin.com

New update from the The Report on Human Rights Violation by Human Rights Protection Subcommittee No.1 (UPDATE 5/NOV)

Death and Serious Injuries

Miss Angkana Raduppanyawoot or Nong Bow,deceased , following a large laceration on the left side of the chest extending to the left arm and deep into the ribs. All of her left ribs were broken. There was 200 ml of blood in the left pleural cavity and severe left lung contusions and lacerations. There were also lacerations of the heart, stomach, spleen, left kidney, and the liver. Her left arm was broken. The left tympanic membrane was perforated. Nearby injured victims witnessing the incident reported that an object was directly shot at the body of Miss Angkana and exploded.

Where she was killed - credit: boringsday.net

Where she was killed - credit: boringsday.net

Mrs.Roongthiwa Thartniyom, sustained critically serious injuries from a blast injury to the left eye socket and left side of the head. The scalp was torn, The skull of the left frontal area, the left orbit, and the base of the skull were shattered. The left eye was destroyed. The left side of the brain was destroyed and partially lost. The right wrist, the palm and the right fingers sustained a forceful hit by an object, leaving plastic fragments of cylindrical shape burried in the wrist. The prognosis on arrival at the hospital was only five per cent.

Forensic Evidences

Forensic evidences show that the injured as well as the severely traumatized patients, sustained wounds from high pressure or blast effects which caused destruction of the tissues, bones and internal organs. As for the death of Miss Angkana, the causes were the big laceration at the left side of the chest, live, lungs and the heart. It can be concluded that they resulted from high pressure contacts with hard objects possessing heat compatible with explosive effects.

Similarly, Mrs.Roongthiwa who sustained severe injuries from high pressure contacts with hard objects at the left eye socket and left side of the head. Her scalp was lacerated. The left frontal skull was shattered. The base of skull was fractured. The left orbit was broken. The left eyeball was crushed. The left cerebral hemisphere was lacerated and partially lost.

Moreover, some people sustained some overlooked injuries from minute shrapnel deposited in various parts of the bodies because of the sizes of shrapnel were as small as a green or a red bean seed. These small shrapnel punctured and deposited in the bodies, from 1 cm depth and can be as deep as 10 cm beneath the skin if the victims were near the teargas explosives. The symptoms appeared after 72 hours, starting with burning pain, swelling and redness followed by inflammation and putrefaction. If left untreated, the tissues nearby would become narcotized and decomposed. It could get worse to cause septicemia and fatality. If such wounds were in diabetic victims, there would be risks of loosing organs, arm amputations or leg amputations because of much more difficulties in treating such wounds.

As for the investigations of forensic science evidences by the Forensic Science Institute, Ministry of Justice, on October 10, 2008, many forensic scientists were sent to examine and collect evidences at sites and on the victims injured in any of those three sites, by using ionscan instrument both in front of the House of Parliament and in front of the Metropolitan Police Headquarter.

Examinations revealed a highly explosive substance RDX in front of the House of Parliament and in front of the Metropolitan Police Headquarter including on the wall, in front of the Metropolitan Police Headquarter where Mr.Chingchai Udomcharoenkij or Mr.Tee, the artist with his right hand blown off. At present, the final report is awaiting reconfirmation with another instrument, GC-MS. In addition, the highly explosive substance RDX was found on the bodies, clothes and hairs of the injured and the deceased (RDX = Cyclotrimethylenetrinitramine = Cyclonite or Research Development Formula X which is an explosive composite.)

Moreover, highly explosive substances TNT and RDX or C4 were found on some spots near the Cherokee Jeep which exploded in front of the Chart Thai party and killed Pol.Lt.Col. Montree Chartmontree or Inspector Jarb, the chief security guard of PAD. (TNT is Trinitrotoluene which is a explosive substance.) The definite cause of the Jeep explosion has not yet been determined.

Stories from Witnesses

Police used only Teargas?

According to the witnesses were of two types, i.e. the first one being after the object had hit the ground, it emitted white smoke for a while and later exploded in a loud noise and a further release of more white smoke; the second one being after reaching the ground, the object did not emit any smoke, but later exploded in a loud noise without releasing white smoke.

Police were shooting from trees, walls and building of the police HQ

A lot of on-site witnesses of the rally dispersals which took place in front of the Metropolitan Police Headquarter and at the Statue of King Chulalongkorn plaza testifed that they saw police officers in the buildings, on the trees and on the walls of the Metropolitan Police Headquarter using firearms to shoot teargas canisters from within the Metropolitan Police Headquarter at the people walking pass Sri-Ayudhya road in front of the Metropolitan Police Headquarter to the Statue of King Chulalongkorn plaza, and at the people walking pass Rajdamnoen road beside the Metropolitan Police Headquarter to the Statue of King Chulalongkorn plaza, and at the people walking back to Makawan bridge, including the gathering and chatting crowd on the streets during 11:00-12:00 and during 17:00-19:00. The shooting were different in time and places. The police used force to disperse the rally to pave way for the Members of Parliament, the Senators, and the cabinet to enter the Parliament to carry out the declaration of the government policy in the morning and to exit the Parliament after finishing the declaration in the evening.

Want to help injured people? You must be injured first!

Several testifiers insisted that they saw police officers using firearms to shoot explosives from within the House of Parliament. People sustained injuries from continuous bombardments up to hours by police officers, in front of the Metropolitan Police Headquarter and at the Statue of King Chulalongkorn plaza, because they just wanted to pass to help the injured people near the House of Parliament but were blocked by rows of polices. During the negotiation to pass the police rows to go to the House of Parliament, the police’s situation commander announced through a loud speaker of warning to use teargas if the crowd would not retreat but the crowd did not retreat and threw objects such as bricks, sling shots, and fluid-filled bottles which became foamy like acid when in contact with police officers. The police’s situation commander at the site, ordered police officers to bombard teargas explosives into the people, resulting in several injuries and severe casualties and deaths of the people.

Medical Officers and Nurses under heavy bombardments

Several medical officers and nurses testified that they were trying to bring in ambulances to rescue the injured people in front of the House of Parliament at Karnruan junction, in front of the Metropolitan Police Headquarter, and at the Statue of King Chulalongkorn plaza but they were bombarded with teargas. People who were bombarded with teargas retreated behind the shelters of several hospitals’ ambulances which explicitly show red-cross signs on all sides. However, both the people and the medical units were still under heavy bombardments with teargas explosives.

First finding…“The injuries and fatalities were the direct results of dispersal of the rallies with teargas”

The subcommittee envisages that the majority of the injured and severely injured insisted that some police officers used firearms to bombard teargas and threw teargas grenades directly into the crowd, resulting in people’s injuries, severe injuries and deaths. The Commandant of the Quartermaster Department, National Police Office, explained after an experimental firing of teargas in front of the Director of the Forensic Science Institute and confirmed that in firing teargas, the shooter should not fire directly to the crowd. The teargas should not be fired in a short distance.

Excessive number of teargas canisters should not be used because of the risks of dangerous chemicals which may be physically harmful. Therefore, the injuries, the severe injuries and deaths were direct results from teargas bombardments by police officers which used force and firearms to disperse the rallies.

What about Police Injuries?

As for the police officers who were attacked by the people and was injured in the evening between 16:00-17:00, the event took place after the people were bombarded with teargas to disperse the rallies by police officers in the morning followed by continuous spells of shooting in front of the House of Parliament, in front of the Metropolitan Police Headquarter, and at the Statue of King Chulalongkorn plaza which resulted in people’s injuries, severe injuries as bad as blown-off arms, blown-off legs and fatalities. Such use of force to disperse the rally certainly caused people’s anger following teargas bombardments.

Second finding… “The teargas which police officers used by firing and throwing into the crowds to disperse the rallies could injure the bodies and kill.”

From forensic science examination in the case of teargas using to disperse the rallies on October 7, 2008, as carried out by Doctor Khunying Pornthip Rojanasunan, deliberation leads to a conclusion that in dispersal of the rallies on October 7, 2008, police officers used teargas both firing-driven cannisters and hand grenades which were mostly made in the People’s Republic of China. Both types of teargas have detonators as components which were sources of traces of highly explosives RDX which ferociously exploded, resulting in severe injuries and fatalities. Therefore, it should not have been used to control rallying crowds.

Two dangerous chemicals CN, CS
Teargas has two dangerous chemicals, i.e., CN (Chlorlacetophenone) and CS (Chlorobenzyliden malononitrile). CS is less dangerous than CN which could cause cancers. In addition, The Commandant of the Quartermaster Department, National Police Office, explained after the experimental firing of teargas, that the Quartermaster Department withdrew all China-made teargas canisters because those teargas canisters which had been purchased since 1993 had been dispatched to stock in several units since 1995. Teargas shooters should neither fire into the crowds, nor within short distances. Excessive numbers of teargas explosives should not be fired because of the composition of dangerous chemicals.

The findings are therefore, police officers used 1993 teargas which had been dispatched since 1995. Both types of teargas had detonators as components which caused violent effects, i.e., “explosions”. which were sources of traces of highly explosives RDX at the House of Parliament and in front of the Metropolitan Police Headquarter as well as on the clothes and on the bodies of the injured. The teargas explosives which the officers used to disperse the rallies on October 7, 2008, were therefore, teargas explosives which possessed violent actions which were explosion. Moreover, police officers continuously fired and threw teargas directly at people within short distances in a bombardment manner for lengthy periods several times.

Videos recording of the events submitted by the mass media revealed several police officers walking pass and perceiving several injured people, including some who lost the legs, but only some officers helped the victims. Despite police officers had already witnessed the effects of the shooting and throwing teargas into the people especially after seeing ones who lost the legs in that morning, and despite police officers had realized then that teargas could cause severe explosive effects so bad that legs were blown off, they still continued using such teargas afterward throughout the day

Last finding… Who must be responsible?

Somchai Wongsawat - The Smiling Murderer?

Somchai Wongsawat - The Smiling Murderer?

Mr.Somchai Wongsawat the Prime Minister, as the author of the order to disperse the rallies, and the cabinet Ministers who were present in the cabinet meeting but did not oppose the use of force and teargas to disperse the rallies, must be responsible for the losts from the rally dispersals.

Why must Mr. Somchai be responsible for this?

As for the government role which had ordered the use of force and teargas to disperse the rally to pave way for Members of Parliament, the Senators, and the cabinet to enter the Parliament to carry out the declaration of the government policy, after knowing that the morning dispersal of the rally had already caused injuries and severe injuries, the Prime Minister as the head of the government, instead of ordering a termination of the use of teargas in dispersal of the rally, did not do so. Still, he let the use of force and teargas go on to disperse the later rallies again, in order to pave way for the Members of Parliament, the Senators, and the cabinet to exit the House of Parliament after finishing the declaration.

Despite the policy declaration had already finished, the Prime Minister remained ignorant and let police officers continue bombarding and throwing teargas explosives to the people who were walking pass to help the people trapped near the House of Parliament, and to the people who were walking back to Makawan bridge, resulting in a lot of people’s casualties and a death in front of the Metropolitan Police Headquarter.

What have been violated?

  • The 2008 Constitution of the Kingdom of Thailand where fellow human beings, rights and freedom which must be protected”
  • Code of Conduct for Law Enforeement Officials (CCLEO, 1997)
  • The Universal Declaration of Human Rights article No.3 and No.5 which stated that:
    • Article 3. Everyone has the right to life, liberty and security of person.
    • Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  • The International Covenant on Civil and Political Rights article No.6, No.7 and No.9 which stated that:
    • Article 6. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
    • Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
    • Article 9 Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
  • The Basic Principles on the Use of Force and firearms by Law Enforcement Officials which state that:

Law enforcement officers must, at their best possible efforts, try to use non-violent measures first before using force and firearms, and that whenever it is righteously unavoidable to use force and firearms, the law enforcement officers must be restrained to use it, and that they must minimize the casualties and damages with due respect and preservation of human lives.

More investigation

The National Police Office, as the authority executing force to disperse the rallies, is currently under investigation and evidences collection, the result of which is to be published in the Report on Human Rights Violation soon..

Special thanks to Khun Ronayos from www.antithaksin.com for translation of the report


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