Two Yala students won compensation for illegal detention
Without any media publicity, the Songkhla provincial administrative court ordered the Army and the Ministry of Defence to award two Yala students 505,000 baht in compensation plus interest for holding them in custody beyond the legal limits permissible by the Martial Law.
The two students of Ratchabhat University’s Yala campus are Isma-ae Tae and Armeesee Manak. Both are also activists of the Federation of Yala Students.
Isma-ae and Armeesee were arrested along with five of their colleagues by security forces during a raid of their house in Muang district of Yala province on January 27, 2008. The authorities also seized their desk-top and lap-top computers, mobile phones and documents.
The seven suspects were later taken to Ingkayuth camp in Nong Chik district of Pattani for interrogation and detention. Nine days afterward on February 4, Isma-ae and Armeesee were released on bail by the order of the court.
The two Ratchabhat students however felt that they were wrongly arrested and detained and decided to take the case to the administrative court to demand compensation for their illegal detention from the Army and the Defence Ministry.
In the lawsuit, the two students accused the security forces of beating them up and forcing them to eat and sit in the rains during the raid. During their detention in the Ingkayuth camp, they were not formally charged and were not allowed to contact their families or relatives, it was alleged.
In deliberating the case, both the Army and the Defence Ministry contended that the two students had no right to sue them because security forces merely did their job in accordance with the Martial Law. As such, the defendants argued that the two students could not ask for any compensation.
The defendants claimed that they searched the house because they learned that some suspected insurgents were hiding there and in the house they found files in the suspects’ computers about how to make bombs and pictures about officials performing their duties. They denied that none of the suspects were assaulted or tortured but were treated fairly like other suspects.
On the contentious issue about whether the two students have the right to sue the Army and the Defence Ministry or not, the court ruled that even if security forces were protected by the Martial Law in the course of their performance of duty, the same law also stipulated that security forces could hold suspects in custody for a maximum period of seven days for the purpose of interrogation. If further detention is required, a request must be sought with the court.
But in this case however, the two students were detained for nine days which are beyond the seven-day limit and no request was sought with the court for the extension of their detention. In conclusion, the court ruled that the two students were entitled to sue the Army and the Defence Ministry and were entitled to compensation for the illegal detention.
However, the court found the claims for compensation from the two students, 3.4 million baht altogether, too excessive. It decided to award Isam-ae and Armeesee 255,000 baht and 250,000 baht respectively plus 7.5 interest from the date that the case was accepted by the court, that was on January 14, 2009.
As for the charge of assault, it was dismissed by the court.
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Caption : The Songkhla provincial administrative court
Thanks : Photo from http://www.bloggang.com/viewdiary.php?id=big-beautymama&month=09-2010&date=29&group=5&gblog=66