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Cambodian Genten fon Hurnan Rigfits

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Her Excellency Yingluck ShinarvatraPrime Minister of the Royal Thai Government of tlie I(ngdom of ThailandOffiqe of the Prime MinisterGovernment House

Thanon Phitsanulok, DlrsitBangkok I0300, Thailand

24 April 2013

Letter to l'hai Prirne Minister Yinglucl< Shinawatra concerning the continual shootingto death of Cambodian civilians in Thai territory and the lack of any investigation

Your Excellency Ms Yingh-rck Shinawatra,

The Cambodian Cerrter lor Huuran Rrghts ("CCHR") expresses its deep concern regarding thecontinlral shooting of Cambodian civilians in Thar territory - which have car.rsed countlessdeaths and selious injuries. 2012 saw a startling increase in the nurnber of recorcled attacks:the Thai-Calttbodian Border Relation Oflice reports that 45 Carnbodian civilians were shotdead by the Royal Thai Arrny in Tliai territory during 2012 - a threefold increase on 2011 (15

deaths). Six Can-rbodians have reportedly so far been killed during 2013, with several othersseriously injr.rred or still nissing.

The shooting of Canbodian civilians lesr-rlting in cleath or serious boclily harm constitntes an

unlawlul act and a grave violation of the r,ictirls' hnman rights. Thailand is a party to theInternational Covenant on Civil and Political Rights (the "ICCPR"), to whrch it acceded on29 October 1996, and is thelefore legalLy bound by its provisions. Article 6 of the ICCPRguarantees tl-re right to lile, rvhile Article 7 stipulates that no one shall be sr"rbjected to tortr-rre

or cruei, inhuman or degraciing treatment or punishment. Article 4 states that no derogatiotrsflom Articles 6 and 7 are peniritted. Furthennore, Article 2 ob[ges siguatories to respect and

ensnre the rights recognized in the ICCPR to all individuals u,ithin its territory and sr"rbiect to

its jurisdictron - rvhich include Cambodian civilians ri'ho find tl'rer.nselves in Thai territory,u,hether legally or illegally. Thailand is also a party to lhe Convention Against Tortr-rle and

Other Cruel, It.thLturau or Deglading freatrrent ol Pr-urishrrent, Article I olrvhich defines the

act of torture, and Article 2 of lvhich states that torture cannot be jr-rstified r.rnder anycircumstances. The shooting of Cambodiln civilians violrtes all of these rights rvhichThailand has officially approved and to r','hich it is legally bor,rnd.

CCHR notes - as pel the Thai Code of Crirhinal Procednre as well as international standards

- that the use of lethal folce and firealms is justified only when used against a real, imrninentaud grave thleat oldeath or serious injuly, or to prevent the commission of particularly grave

crimes involving suchttlueats, or to arrest a persou presenting snch grave clanger - in other

r'r,ords in self-defense. In addition, the use of lethal force can only be used as a measure oflast resort and must be proportional to legitinate objectives. CCHR argues that since the

casLralties n'e nnamed civilians u,ho fincl themselves in l-hai terr-itory lvhrle logging, arrd lvho

Address: House No. 798, St.99, Sangkat Boeung Trabek, Khan Chamkarmorl, P.O.Box 1506 , Phnom Penh, Cambodia,

Tel: 023 726 901 , Fax: 023 726 902, E-mail: info@cchrcambodia.org / Website: vwvw.cchrcambodia.org

in no r.vay pose a real and imtlinent threat to anyone, such actions cannot be jr"rstified as selt--

defense as they are no less than extra-judicial and arbitrary acts of murder, nor can they be

deemed a n-teasure ol last resort or remotely proportional.

CCHR has thus lar not fbund any evidence of either the Thar 1ar.v enforcement authorities or

the National Human Rights Con-rmission of Thailand taking any steps to investigate these

rlurders and atterrpted murders ol Camboclian citizerrs. Such inaction not or-rly constitutes a

serious vioiation of the dnty to investigate human lights abr"rses, but also indicates a cornplete

lack'of accountability on the part ol the perpetrators if lefi r-rnpunished. In fact, such total

impunity rrnst be a key contribr,rtory factol in the contirruing perpetration oltl-rese illegal and

heinoLrs crimes. As a victim of the lepressive I(hurer Rouge regime of the late 1970s, I fledCambodia along u,itl'r the sun,iving meurbers o1-my l'amily and spent vears in relr.tgee calrpsin Thailand. Having successlLrlly soLrght lefuge in Thailand, I find it all the n-role distlessingto see Cambodians being liilled in Thailand u'ith such impunity in the trventy-first ccr.rtury.

It is theletbre incnmbent ttpon the Ro;,al Thai Governtlent - ar-rd indecd the Nationrl Hurnan

Rights Conrnission ol Thailand - to conduct a tholongh, prornpt and impartial investigationolall shootings olCambodian civilians and of all sr.rspected cases of extra-judicial or arbitralykillings in Thai territory. The investigation needs to be tliorough, effective, independent,

prompt and erpeditious, and the proper judicial procedures need to be followed, in order to

show that Thailand is upholding the rLtle of law aud that jLrstice in Thailand means rnore thanjust presen,ing the irrterest olthe stronger. Its outcomc should be srrbject to public scnrtint',and tl.re casualties, theil laurilies anci representatives shoulcl be kept inlbnred ol tlte

investigative process ancl its outcorrc. irinally, in lLrtLrle. an1, Cambodians caLrght logging on

either sicle of the ill-definecl l'hai-Car.nbodiarr borcler sirould be arresteil and tlied in a plopercoult ol lau, rathcr than execr.rted on the spot.

Sr,tch hun.ran lights abrrses irave be en ongoing for a number ol Vears nor,v, but seetr to ltave

deterioratecl rapidly in recent tin.res. Ilor"'et,eL, CCHII hopes that, in this period ol closer

Thai-Cambodian relations, this issue - as rvell as the connected border dispute - can be

resolved peacefr.rlly and in line rvith internatior-ral larv ancl human rights principles. The

overall result would be stronger political. econornic and social ties between the trvo counh'ies.

Sinc

ak

Pres

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55 (o) I 140 405 I

o Lrruali(tgsLusaubtlu.glg

The Nalional I-lulnan llights Con.rmissiou of Thailancl

Ambassador ol Thailand in Calnbodia H.E. Mr Touchayoot Pakdi

Sarnclech lecho l-lun Sen, Prin, e Minister ol the I(ingdom of Cambodia

H.E. Hor Naurhong, Minister ol Foreign Affairs of the Kingclorn ol Cambodia

H.E. Dl Om Yentieug, I'r'esident of the Cambodian Hr.unan Rights Comrnittee

The UN Special Rapporteur or-r Extrajudicial, Summary or Arbitrary Executions

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