16/01/2025
The Malayu Raya Case: Attorney General Orders Termination of Justice Request by Nine Activists
Background of the Malayu Raya Case
The nine activists, accused in the Malayu Raya case, submitted a request for justice to the Office of the Attorney General on October 3, 2024, to review the proceedings related to their case. On January 7, 2025, the Office of the Attorney General responded with an order to terminate the justice request.
Key Points of the Response Letter
The letter stated that the Deputy Attorney General found the request to investigate five additional witnesses to be unwarranted, as they were not directly related to the case and not key witnesses capable of refuting the evidence in the case file. However, the activists still retain the right to call these individuals as defense witnesses during court proceedings.
Regarding the request for copies of recorded images, audio, and messages, it was clarified that such recordings are evidence to be presented in court by the prosecutor and that there is no legal obligation to provide copies to the accused beforehand. Nevertheless, the investigators had already informed the nine activists of the allegations and translated the statements from the local Malay dialect into Thai.
Rights to Contest
If the activists believe the evidence or translations are inaccurate, they may present counter-evidence during the trial. The key concerns raised by the accused include:
1. Accuracy of Translation: There is concern that the translation from the local Malay dialect to Thai may contain errors or distort intentions, as the process did not involve expert linguists.
2. Transparency in the Process: The translation was done by investigators rather than academic or language specialists, potentially leading to misunderstandings.
Activists’ Efforts in the Malayu Raya Case
Since 2022, the nine activists have submitted complaints and engaged in discussions with state representatives regarding their case. Key interactions include:
Security Authorities: Informal meetings with security officials and senior officers where the activists asserted their innocence and clarified that their activities aimed to promote culture and peace.
Office of the Attorney General and Pattani Provincial Prosecutor: Submission of justice requests and supporting evidence to demonstrate their good intentions.
Parliamentary Mechanisms: Submission of justice requests and clarifications to Thai parliamentary commissions regarding their campaign for Malay identity, with both activists and complainants presenting their cases.
International Organizations (UN): Appeals were sent to the United Nations, raising concerns about human rights violations and unfair legal proceedings against human rights defenders. The UN expressed concern about the potential impact on peace-building efforts in the conflict area.
Reflections on the Malayu Raya Case
The Malayu Raya case highlights the sensitivity of legal enforcement in linguistically and culturally diverse areas. Long-term solutions should focus on dialogue, collaboration, and genuinely listening to the voices of local communities to achieve sustainable peace in the southern border region. The prosecution of the nine activists may be seen as unproductive, as it neither reduces conflicts nor promotes development in the area. Instead, it risks deepening divisions and missing opportunities for peace-building and sustainability. To resolve these issues effectively, an emphasis on negotiation, cooperation, and inclusive community engagement is essential.
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Let us be the witnesses for peace in PATANI // ร่วมเป็นสักขีพยานเพื่อสันติภาพ ณ ปาตานี // Bersama kita menjadi saksi demi kedamaian di PATANI
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