Thailand
05.09.03
Urgent Interventions

Thailand: Rape and Murder of Burmese Migrant Worker in Thailand

Case THA 050903.VAW
Violence Against Women / Rape / Murder

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.

Brief description of the situation:

OMCT has been informed by the Asian Human Rights Commission, a member of the SOS-Torture network, about the rape and murder of Sandar Hlaing, a Burmese migrant worker in Mae Sot, Thailand.

According to the information received, Ms. Hlaing worked at a knitting factory in Mae Sot on the Burmese-Thai border. On August 31, 2003, when she left work in the evening, Amorn Suwannachote, a factory security guard was outside on a motorbike. He reportedly offered to give her ride and she initially refused but after he put pressure on her she accepted. According to three witnesses, Ms. Hlaing left the factory with Mr. Suwannachote and two other unidentified men. Ms. Hlaing was not seen alive again.

On September 1, the body of Ms. Hlaing was found about 2 kilometers from the factory near the Mae Sot-Phop Phra Highway. Her body was taken to the hospital and an autopsy revealed that she had been assaulted (her ribs were broken), raped, and stabbed in the neck.

According to the information received, when Ms. Hlaing’s fellow workers heard about her death, about 1000 of them went on strike fearing that the police would not treat the case seriously. It was also reported that Mr. Suwannachote was attacked by the workers. He was rescued from the attack, taken to the police for interrogation, and is reportedly claiming innocence. According to the report, he has not yet been charged and is still in police custody.

Although the police have declared that they will launch a thorough investigation, there are indications that they will not investigate and prosecute this case with due diligence. The police allegedly allowed the body of Ms. Hlaing to be cremated very quickly, in spite of attempts by NGOs to intervene calling for a more thorough autopsy. It is also reported that factory management has hindered NGO access to the victim’s family in order to insist upon the more thorough autopsy. Additionally, one witness was reportedly threatened by factory security guards, being taken away for five hours on the night of September 2 and refusing to speak with other workers when he returned. Furthermore, workers do not trust that the police will investigate this case because, in a similar incident in late May of this year, six Burmese migrant workers were murdered in Mae Sot and the only person charged with involvement in the murder (a Thai national) was released on bail.

The report indicates that rape and murder of Burmese migrant workers in Thailand is routine and systematic.

OMCT is gravely concerned about the rape and murder of Ms. Sandar Hlaing and calls upon the Thai government to thoroughly investigate this case with due diligence and bring the perpetrators to justice and to guarantee adequate redress and reparation to the family of Ms. Sandar Hlaing. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), provides that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”

Action Requested

Please write to the authorities in Thailand urging them to:

i. Guarantee a thorough, prompt and impartial investigation into the rape and murder of Ms. Sandar Hlaing, and prosecute and punish the perpetrators with due diligence;
ii. Guarantee adequate redress and reparations to the family members of Ms. Sandar Hlaing;
iii. Ensure the physical and psychological integrity of all Burmese migrant workers in Thailand;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses
· Mr. Chinnawat THAKSIN, Prime Minister, Govemment House, Pitsanulok Road, Dusit District, Bangkok 10300 / Thailand, Email: govspkman@mozart.inet.co.th, Faxes: + 66 2 280 1443 / 2 282 8631

· HE Purachai Piumsombun, Minister of Interior, Ministry of Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226-4371, Email: webteam@moi.go.th

· Mr Pongthep Thepkanjana, Minister of Justice, Office of the Ministry of Justice, 22F, Ministry of Justice Building, Chaeng Watthana Road, Pak Kret, Nonthaburi 11120, THAILAND, Fax: 662 502 6699

· Prof. Saneh Chamrik, Chairperson, The National Human Rights Commission, 422 Phya Thai Road, Pathumwan District, Bangkok 10330, THAILAND, Fax: +66 2 219 2940, E-mail: commission@nhrc.th

· Col. Sonkran Sankakorn, District Superintendent, Royal Thai Police, Intharakiri Road, Amphur Muang, Mae Sot, Tak 63110, THAILAND, Tel: 66-1 8873737

· Maj. Gen. Sawek Pinsinchai, Provincial Police Chief, Royal Thai Police, Amphur Muang, Tak 63000, THAILAND, Tel: 66-1 3765421

· Dr Pornthip Rojanasunan, Acting Director, Central Institute of Forensic Science, Ministry of Justice Building, 2/F., Chaeng Watthana Road, Pak Kret District, Nonthaburi 11120, THAILAND, Fax 662 502-6676

· Ambassadeur, Mme Laxanachantorn Laohaphan, Rue Gustave Moynier 5, CH-1202, Genève, Suisse, e-mail : mission.thailand@ties.itu.int, fax: +4122 715 10 00

Please also write to the embassies of Thailand in your respective countries.

Geneva, September 5, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.