A criminal court is forcing the parents of a drug trafficking suspect who died under police custody to pay court fees, refusing to accept the lawsuit until fees are paid.
On 27 February 2017, Southern Bangkok Criminal Court ruled not to accept a lawsuit against the Royal Thai Police (RTP) filed by Wasana and Phanom Koedkaew, parents of Anan Koedkaew, 34, a drug trafficking suspect who died mysteriously three days after being interrogated.
Despite acknowledging that the two have low incomes, the court ruled that the lawsuit will not be accepted unless the court fee is paid within 15 days from 27 February 2017.
Wasana and Phanom said that they will submit a request to appeal the court decision.
The pair are suing the police for 9,653,500 baht for alleged breaching the 1996 Governing Liability for Wrongful Acts of Competent Officers Act over the death of their son.
Their son, Anan, was arrested by investigators from the northeastern Nakhon Ratchasima Provincial Police on 9 November 2015.
On 11 November, the police told his family that he had been transferred to Maharat Nakhon Ratchasima Hospital. He died on 13 November.
During the post-mortem examination, pathologists concluded that there were “physical injuries to the body” and that the suspect’s “brain suffered from severe impact with hard objects.”
In 2015, the Cross Cultural Foundation (CrCF), a human rights organisation, issued a statement pointing out that the autopsy results give sufficient reason to suspect that Anan may have died from ill-treatment and torture in the hands of police officers during interrogation.
The Thai authorities must carry out an ‘independent’ investigation into the suspect’s death, CrCF stated.
The civil society organisation added that an ‘independent’ and ‘detailed’ autopsy of the suspect should be carried out in accordance with Article 150 of the Criminal Procedure Code.
As Thailand is a party state to the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR), authorities must ensure that no suspect faces ill-treatment or any form of torture in custody, CrCF concluded.
