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The Thai government should promptly investigate the use of lethal force by Thai soldiers against Burmese migrants, which resulted in the death of three children, Human Rights Watch said.
The army said soldiers fired on a pick-up truck carrying 13 undocumented migrant workers from Burma on February 25, 2010, after the driver failed to heed a signal to stop for inspection. Human Rights Watch has obtained photos showing that the truck was riddled with bullet holes.
"The government needs to carry out an immediate investigation into why and how the army opened fire on this truck," said Brad Adams, Asia director at Human Rights Watch. "Shooting into a truck apparently without concern for who could be killed or wounded is not acceptable. Those responsible need to face the consequences."
The shooting in Pak Nam sub-district, Ranong province, involved soldiers from the 25th Infantry Division under the overall command of Col. Pornsak Punsawad. The soldiers opened fire with assault rifles at about 5 a.m. on February 25, when the driver failed to heed a signal to stop for inspection near a fishing pier, the army said. The children killed were a three or four-year-old boy, a six or seven-year-old girl, and a 16-year-old boy. Five others in the truck were wounded.
Human Rights Watch urged both the Thai government and the National Human Rights Commission to conduct transparent and thorough investigations immediately into the shooting. If excessive or illegal force is found to have been used, all those responsible, including those at the officer level who gave orders or were otherwise involved, should be prosecuted or disciplined in an appropriate manner, Human Rights Watch said.
Human Rights Watch said that Thai soldiers, when performing law enforcement duties, should strictly abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Basic Principles require that law enforcement officials shall as far as possible apply nonviolent means before resorting to the use of force. Whenever the use of force is unavoidable, they must use restraint and act in proportion to the seriousness of the offense. The legitimate objective should be achieved with minimal damage and injury, and with respect for the preservation of human life.
Human Rights Watch also called on the Thai government to provide unfettered access for investigators to the survivors and to ensure that none of the survivors are deported to Burma while investigations are conducted. The Thai government should also provide humanitarian assistance to the surviving victims and ensure that appropriate compensation is paid to the families of the three dead children.
"This episode shows that the government needs to rethink its approach to border security," Adams said. "What is needed are well-trained civilian border police, who are less likely to be trigger-happy than soldiers. The government should act urgently to avoid a repeat of such a horrific human tragedy."
Eighty percent of migrant workers in Thailand are from Burma. Millions of these workers and their families have fled repression and poverty in Burma, only to find abuse and exploitation in Thailand. Apart from the deadly risks at heavily armed checkpoints along the border areas, migrants who manage to find their way into Thailand also suffer at the hands of corrupt civil servants and police, unscrupulous employers, and violent thugs. Local police and officials frequently ignore or fail to investigate complaints effectively.
Human Rights Watch's recent report, "From the Tiger to the Crocodile: Abuse of Migrant Workers in Thailand," detailed the widespread and severe human rights violations faced by migrant workers in Thailand - including killings, torture in detention, extortion, sexual abuse, and labor rights abuses. The perpetrators of those abuses have little fear of consequences, Human Rights Watch said, because they know that undocumented migrants fear deportation if they complain through legal channels.
The vulnerability of undocumented migrants has increased as a result of the Thai government's decision requiring all migrants to enter a process to verify their nationalities by March 2, or face arrest and deportation.
"Migrant workers make huge contributions to Thailand's economy, but receive little protection from abuse and exploitation," Adams said. "It is time for the Thai government to do the right thing by showing migrants that the state will provide justice for them when they suffer abuse."
