Court orders release of army suspect
Judge insists on ruling over troop objections
YALA: The provincial court here delivered a landmark ruling yesterday, denying the military’s request to extend the detention period of a bomb suspect while the family pleaded for his release.
Muhamaaidee Samoh was released from the Ingkayut Borihan military camp in Pattani on Monday after the court denied the authorities’ plea for a fourth extension of his detention, according to lawyer Supawadee Sawaree of a Muslim attorney centre in Yala.
Under the emergency decree, authorities can seek the court’s permission to detain a suspect for a maximum of 28 days. Mr Muhamaaidee’s detention period had already been extended three times, each for seven days.
His release came after Mr Muhamaaidee’s family lodged a petition with the Pattani and Yala provincial courts last Thursday. The family, worried about his condition in the military detention camp, appealed to the court for his release. They alleged that he was tortured and made to confess under duress.
His wife, a key witness in the case, told the court the suspect was allowed to talk to his family for only five minutes during each visit. She claimed her husband was assaulted as he had bruises on his mouth. She said Mr Muhamaaidee had told her, “I can’t take it [punishment] any more”.
It was the first time a court had denied the authorities’ request to extend the detention period of a suspect under the emergency decree, according to the family’s lawyer. “Mr Muhamaaidee’s case is significant and could serve as a landmark in dealing with similar cases involving civilians,” she said.
Under the emergency decree, police and the military can exercise their authority in violence-plagued areas, including detaining suspects without an arrest warrant. Civilians in regulated areas cannot file suit against the authorities. The decree also gives the authorities the power to impose curfews and declare areas off-limits.
Despite the court order, the military was reluctant to release the suspect. The family took around two hours to negotiate with authorities, who insisted the suspect must return to the camp in Pattani first.
They said the suspect needed to sign a document and go through a physical examination before being released.
The court officials told the authorities the man must be freed immediately in accordance with the order, which did not allow them to further detain the suspect. Disregarding the order would be treated as contempt of court, they warned.
After Mr Muhamaaidee was freed, his family brought before the court a separate case accusing the authorities of torturing him, Ms Supawadee said.
However, the court dismissed the allegation, ruling that he was detained under the emergency decree and the plaintiff was unable to produce solid evidence of assault.
Mr Muhamaaidee was initially arrested under martial law and locked up at the 41st Ranger Regiment at the Wang Phaya Military Camp in Yala on March 14.
He was apprehended at a local fuel station in connection with several incidents in the province, including a motorcycle bomb at Pimolchai fresh market in Yala municipality on Jan 22. The explosion took three lives and injured 34 others.
Mr Muhamaaidee was later taken to the military camp in Pattani on March 20 and detained for questioning under the Executive Decree for Public Administration in Emergency Situations.