The Asian Federation Against Involuntary Disappearances (AFAD), a regional federation of human rights organizations working directly on the issue of enforced disappearances, expresses deep concern over the safety of 17 Muslim student activists who were arbitrarily arrested and detained without charges after a warrantless search of their dormitories at Muang District, Narathiwat, on 2nd April 2015.
Arbitrarily detained without charges are the following students:
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Aseng Kilimo
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Bahakim Jehmae
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Tuanahamad Majeh
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Muruwan Blabueteng
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Asri Saroheng
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Ibroheng Abdi
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Sufiyan Doramae
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Ismael Jehso,
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Abdulloh Madeng
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Sagariya Samae
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Usman Oyu
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Saidi Doloh
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Tarsimi Madaka
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Rosari Yako
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Ahmad Yusoh
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Albari Aba
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Ridul Sulong
The Thai military conducted a warrantless search at about 5 AM on April 2 at four student dormitories in Muang District of Narathiwat province. It forcibly took away into military custody the 17 Muslim student activists who are members of a network of ethnic Malay Muslim students at Princess of Narathiwat University allegedly for DNA samples.
Thailand is a state party to the International Covenant on Civil and Political Rights (ICCPR), having acceded to it on 29th October 1996.
Under Part 3 of the said Convention (Articles 6-27) are the following rights that include the rights to:
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Physical integrity, in the form of the right to life and freedom from torture and slavery;
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Liberty and security of the person, in the form of freedom from arbitrary arrest and detention and the right to habeas corpus (Articles 9-11);
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Procedural fairness in law, in the form of rights to due process, a fair and impartial trial, the presumption of innocence, and recognition as a person before the law (Articles 14, 15, and 16)
The three provinces of Yala, Pattani and Narathiwat in Thailand’s Deep South are under martial law but the arbitrary arrest and detention of the student activists shows how the Thai military authorities have become out of control.
AFAD is seriously concerned with the use of arbitrary arrest and secret military detention in insurgency-troubled Deep South. Thailand has flawed laws that undermine the human rights of persons. Section 44 of its interim Constitution provides the military authorities with broad powers and legal immunity to detain people incommunicado without charge in secret detention places or safe houses or military camps for several days and does not ensure prompt access to legal counsel and visitations by families and friends.
This increases the risk of enforced disappearance, torture, and other degrading and inhuman treatment to the detained student activists. Aggravating to this is the lack of training of the military and experience in civil law enforcement.
The insurgency in the Deep South does not provide an excuse for the Thai military, the police, and other state agents to resort to summary and abusive measures against the Malay Muslim population.
The Asian Federation Against Involuntary Disappearances (AFAD) calls on the ASEAN Intergovernmental Commission on Human Rights (AICHR) to act on this recent spate of impunity in Thailand’s Deep South and urge the Government of Thailand to release the students detained without charges at Pileng, Buket Tanyong, and Chulabhorn Camps in Narathiwat province, unless they have been charged in court with credible offense.
The Asian Federation Against Involuntary Disappearances reiterates its serious concern about the safety of the 17 Muslim student activists who are under military custody without charges. AFAD reminds the Government of Thailand to adhere to the international bill of rights by refraining from the use of torture and other forms of degrading and inhuman treatment, and set free the 17 Muslim student activists held in military custody.
Signed and authenticated by:
KHURRAM PARVEZ
Chairperson
MARY AILEEN D. BACALSO
Secretary-General