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