Court dismisses appeal for remedy in Deep South torture case because 2007 charter no longer exists

 
The court has rejected an appeal to investigate an alleged torture case in Pattani on grounds that the 2007 Constitution can no longer be used to claim a citizen’s basic rights, according to the  Muslim Attorney Center Foundation.
 
On 7 September, the Pattani Provincial Court rejected an appeal by Rohima Huseng, who alleged security officers in Pattani tortured her brother, Hasan Huseng, during interrogation.
 
Hasan Huseng, a suspected insurgent, was captured by Special Taskforce 30 of Narathiwat on 13 April and detained without charge for seven days. The Task Force later handed him to the Interrogation Centre at Inkhayut Military Camp in Pattani, where he was detained for another 20 days. 
 
The appeal, submitted on 2 May, alleged the military tortured Huseng while he was detained at the Interrogation Centre from 19 April to 8 June. 
 
On 2 June, Rohima filed a case in court to request the security officers to release and compensate her brother according to Article 32 of the 2007 Constitution. 
 
Article 32 of the 2007 Constitution states that a person shall enjoy the right and liberty in his or her life and person. 
Torture, brutal acts, or punishment by cruel or inhumane means shall not be permitted. . . .
Arrest and detention shall not be made without a Court order . . . 
In the case of an act affecting the rights and liberty under paragraph one, the affected person, public prosecutor, or another person acting on behalf of the affected person has the right to seek court action to stop or withhold such action, including determination of proper measures or remedies for accrued damage. 
 
Wanon Boonrak, Pattani Provincial Court judge, ruled that since the 2007 Constitution is no longer in effect because the junta’s National Council of Peace and Order (NCPO) terminated it after the coup d’état on 22 May, the complainant does not hold the right to register a complaint according to Article 32.
 
The family of the torture victim plans to appeal.

 

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