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The Tak Bai court case is widely regarded as a farce, with little expectation that anyone will be held accountable for the massacre.
The tragic incident, which resulted in the deaths of at least 85 individuals, occurred on October 25, 2004. State officials involved in the deadly crackdown are clearly at fault. The massacre, primarily affecting Malay Muslims, took place in Tak Bai, Narathiwat, where nearly 2,000 protesters gathered outside a police station to demand the release of six Malay Muslims arrested by Thai security forces on suspicion of providing firearms to local separatist insurgent groups.
As negotiations broke down, security forces employed water cannons, tear gas, and ultimately live ammunition to disperse the crowd, resulting in the deaths of seven protesters. Approximately 1,400 individuals were detained, with 78 later dying from crushing or suffocation during transport in trucks over 150 kilometers to Pattani.
In 2009, a court attributed the deaths to suffocation; however, no charges were filed against any military personnel or police officials. It took around 15 years before the Narathiwat Provincial Court accepted the case on August 23, 2024, leaving only two months before the 20-year statute of limitations expires in October 2024.
The reasons for this delay are evident: the military has consistently worked to ensure that high-ranking officials involved in the incident remain unpunished. Following the 2006 coup, the government of Pheu Thai’s predecessor, the People’s Power Party, lasted less than a year before being replaced by the Abhisit Vejjajiva administration, formed in the barracks of the 11th Infantry Division. Another massacre against Red Shirt protesters occurred in 2010, for which no one has been held accountable, prior to the Yingluck Shinawatra administration. A subsequent coup in 2014 led to a military government that has been in power for 9-10 years.
With the military deeply entrenched in politics through coups—either by installing controllable governments or seizing direct control—there has been little hope for a case like Tak Bai to reach court. For instance, Gen. Prawit Wongsuwan, the army chief during the massacre, later solidified his power as deputy prime minister under Gen. Prayut Chan-o-cha’s government. Throughout the tenure of the National Council for Peace and Order and the Prayut administration, discussions regarding the Tak Bai case were infrequent, if they occurred at all.
A glimmer of hope emerged when the Narathiwat Provincial Court accepted the case this year, but this hope quickly diminished when none of the defendants appeared in court on September 12 and again on Tuesday.
Why did the court accept the case now, knowing that with only two months remaining, it is nearly impossible to bring the defendants to court before the case expires? The deep state likely viewed this as an opportunity to appear proactive in addressing the issue. If prosecutors and judges delayed the acceptance of the case due to external pressure, then questions should be directed toward the officials involved in the investigation and the judges.
Without the context of coups, there might have been more optimism regarding the possibility of justice for the culprits. While it could be argued that the Yingluck administration could have taken more decisive action, the military was already seeking to remove her from power from the moment she took office, due to her connection as the sister of former Prime Minister Thaksin Shinawatra. This significantly complicated any efforts to prosecute this case or address the Red Shirt massacre.
The focus now shifts to the current administration, led by Paetongtarn Shinawatra, as they hold power. One of the key defendants in one of the two cases related to the massacre is also a former list-MP for the party, Gen. Pisarn Wattanawongkiri, with the incident occurring during Thaksin Shinawatra’s tenure, thereby directing the spotlight onto the party. Thaksin has previously attributed blame to the military and the deep state, while the party is already distancing itself from the case following Gen. Pisarn’s resignation. However, this does not prevent the government from taking further action, and pressure should be applied to the police to bring the defendants to court before October 25.
In the long term, it is crucial to amend the charter and reform the military to prevent political involvement and future coups. Additionally, judicial reform is necessary to eliminate the statute of limitations on murder cases, particularly those involving state officials and civilian casualties. Without these reforms, there may be little hope for accountability for the culprits of the Red Shirt massacre as well.