DSI and public prosecutors agree to inform criminal charges against 9 Aranyaprayhet police under anti-torture law and penal code

          According to the news released by the Department of Special Investigation (DSI) on January 25, 2024, regarding the case where police officers from Aranyaprathet Police Station were accused of coercing or torturing Mr. Panya, or "Uncle Piak," into confessing to the murder of Mrs. Buaphan Tansoo, or "Auntie Buaphan," who was fatally assaulted by youths, the DSI accepted this as a special case (Special Case No. 9/2567) due to potential violations of the Prevention and Suppression of Torture and Enforced Disappearance Act, B.E. 2565 (2022). The DSI notified the Office of the Attorney General for acknowledgment and assignment of public prosecutors to participate in the investigation.

          On April 10, 2024, the investigation team of Special Case No. 9/2567, led by Mr. Angsuket Wisutvatthansak, Director of the Justice Enhancement Affairs Bureau of the DSI and the head of the investigation team, held a meeting with Mr. Watcharin Phanurat, the Deputy Director General of the Investigation Department, Office of the Attorney General, and the head of the team to inspect or supervise the investigation, and a team of public prosecutors. The meeting concluded that there was sufficient evidence to press charges against nine police officers from Aranyaprathet Police Station involved in the case, comprising six commissioned officers and three non-commissioned officers, divided into two groups:

          Group 1: Eight officers were involved in the custody of Uncle Piak, including five commissioned officers and three non-commissioned officers. There was enough evidence to charge them with "being state officials who jointly performed or failed to perform their duties in the unlawful detention of a person," which violates Sections 6, 7, and 22 of the Prevention and Suppression of Torture and Enforced Disappearance Act, B.E. 2565 (2022), and Sections 157, 309, and 310 in conjunction with Section 83 of the Criminal Code.

          Group 2: One commissioned officer was found to have performed duties in violation of the law, but there was no evidence of involvement in the custody of Uncle Piak. This officer was charged with "being an official who performed or failed to perform duties in violations of the law," which violates Section 157 of the Criminal Code.

          Next, the investigation team will in writing notify all the accused officers to acknowledge the charges. The accused officers have the right to present facts and evidence to prove their innocence for inclusion in the investigation file. Once the investigation is complete, for Group 1, the inquiry officials will submit the investigation file to the public prosecutors for further proceedings under the final paragraph of Section 31 of the Prevention and Suppression of Torture and Enforced Disappearance Act and notify the National Anti-Corruption Commission (NACC). For Group 2, if the offense falls under the NACC's authority, the NACC will consider further actions according to the law.

          This action is in line with the policy of Police Major Yutthana Praedam, Acting DSI Director-General, who instructed the Justice Enhancement Affairs Bureau to expedite the investigation to ensure justice for all parties, as this case significantly impacts rights, freedoms, and the justice process.