On August 30, 2017, Phayao Akhard wears the bloody nurses gown worn by her daughter, nurse Kamolkate “Kate” Akhard, when she was killed by Thai Special Forces soldiers while tending wounded persons at the front of Wat Pathum temple on May 19, 2010.
© 2018 Human Rights Watch
(New York) – Thai authorities have failed to punish policymakers, military commanders, and soldiers responsible for the deadly crackdown on “Red Shirt” protests in May 2010, Human Rights Watch said today. On May 4, 2019, the military prosecutor decided not to indict eight soldiers accused of fatally shooting six civilians in Bangkok’s Wat Pathumwanaram temple on May 19, 2010.
“Despite overwhelming evidence, Thai authorities have failed to hold officials accountable for gunning down protesters, medics, and reporters during the bloody crackdown in 2010,” said Brad Adams, Asia director. “The military prosecutor’s decision to drop the case against eight soldiers is the latest insult to families of victims who want justice.”
The military prosecutor dismissed the case on the grounds that there was no evidence and no witnesses to the killing. This decision contradicted the Bangkok Criminal Court’s inquest in August 2013, which found that the residue of bullets inside the victims’ bodies was the same type of ammunition issued to soldiers operating in the area at the time of the shooting. Based on information from the Justice Ministry’s Department of Special Investigation (DSI), witness accounts, and other evidence, the inquest concluded that soldiers from the Ranger Battalion, Special Force Group 2, Erawan Military Camp fired their assault rifles into the temple from their positions on the elevated train track in front of Wat Pathumwanaram temple.
From March to May 2010, political confrontations between the United Front for Democracy Against Dictatorship (UDD), known as the “Red Shirts,” and the government of then-Prime Minister Abhisit Vejjajiva, escalated into violence in Bangkok and several provinces. According to the DSI, at least 98 people died and more than 2,000 were injured. The DSI issued a finding in September 2012 indicating that the military was culpable for 36 deaths.
Human Rights Watch’s May 2011 report, “Descent into Chaos: Thailand’s 2010 Red Shirt Protests and the Government Crackdown,” documented excessive and unnecessary force used by the military that caused many deaths and injuries during the 2010 political confrontations. The high number of casualties—including unarmed protesters, volunteer medics, reporters, photographers, and bystanders—resulted in part from the government’s enforcement of “live fire zones” around the UDD protest sites in Bangkok, where sharpshooters and snipers were deployed. Human Rights Watch also documented that some elements of the UDD, including armed “Black Shirt” militants, committed deadly attacks on soldiers, police, and civilians. Some UDD leaders incited violence with inflammatory speeches to demonstrators, urging their supporters to carry out riots, arson attacks, and looting.
All those criminally responsible should be held to account whatever their political affiliation or official position. But over the past nine years, there have been a series of cover-ups that have ensured impunity for senior government officials and military personnel. Successive Thai governments charged UDD leaders and supporters with serious criminal offenses but ignored rights abuses by soldiers. Under pressure from the military, deliberately insufficient investigative efforts have been made to identify the soldiers and commanding officers responsible for the shootings. Criminal and disciplinary cases were dropped in 2016 against former prime minister Abhisit, his deputy Suthep Thaugsuban, and former army chief Gen. Anupong Paojinda regarding their failure to review the use of military force that resulted in the loss of lives and the destruction of property. Thai authorities have targeted for intimidation and prosecution witnesses and families of the victims who demand justice.
“It is outrageous that the military has been allowed to walk away scot-free from deadly crimes committed in downtown Bangkok,” Adams said. “The failure of the government and military to provide justice for the deaths in 2010 heightens concerns for future political violence in Thailand.”