News

May 29 ruling in journalist's death

The court has set May 29 for a ruling in the inquest into the death of an Italian journalist during the military crackdown on red-shirt protesters in 2010.

Jeff Jablonsky (in red) shot video of the May 19, 2010 events but was not asked to give testimony on Friday. In the foreground is Karom Pornpolklang, a lawyer in the case. (Photo by Achara Ashayagachat)

Three witnesses who were at the scene when Fabio Polenghi was shot on May 19, 2010 were supposed to testify on Friday, but the Southern Bangkok Criminal Court ruled that Michel Mass's account was already adequate.
Mass, a Dutch journalist based in Jakarta, told the court that he saw on television that morning that the military was breaking down barriers at the Sala Daeng intersection, so he went there.

"I saw the soldiers moving at about 10am some 500 metres from where I stood near the Four Seasons hotel side," he said.
Mr Mass did not see the military again as some tents obscured his view, but perhaps the army were around there, he said.
He heard people had been shot, so he was trying to see what happened but there were some barricades including a tank containing water, and firing was continuing so he had to keep running.

Mr Mass himself was then shot and taken on motorcycle to Police Hospital before being transferred to Samitivej Hospital.
He told the court that he gave information to the Department of Special Investigation (DSI) and at two police stations.
Though he did not see who shot Polenghi, the direction was from the Sala Daeng-Lumpini side, the court was told.

The judge said the evidence was already adequate and it had been shown that the M16 bullet explicitly belonged to the army.

Elisabetta Polenghi said she was disappointed the court did not listen to two other witnesses to her brother's death.
Saito Masayuki was taking still pictures and captured images of the Italian falling. Jeff Jablonsky, who took the video that was used in the case, was also unable to testify.

"I had hoped that the judges would listen to more from the essential witnesses on the scene. But I respect the court decision and look forward to hearing the verdict. Fabio's mother will be here as well," said Ms Polenghi.

Ms Polenghi said she had brought Mr Jablonsky to give his account to the DSI in preparation for proper protocol for a further investigation after the inquest's conclusion.
"We don't want to lose another chance that this essential witness could not tell everyone what really happened," she said.

Mr Jablonsky, 54, an American, said there could not be any doubt that the bullets were from the direction in which the military was advancing on to Ratchadamri Road.
"The bullets were behind me so I know it was from the military side. Half a dozen press (with armbands) were running and hiding from the oncoming bullets onto the Ratchaprasong intersection," he said.

A tearful Ms Polenghi also addressed reporters after the court hearing, saying: "I give my brother to you as if he is your brother. Thank you for all the help that has been given to me and in the inquest."

'Bullets came from military side'

Source: Nationmultimedia.com

Shots were fired from the direction of the military on May 19, 2010 as red shirts were being dispersed, German journalist Michel Maas told Criminal Court judges on Friday, taking the stand as the last witness in the case of the death of Italian photojournalist Fabio Polenghi.

"Bullets came from the direction of the military," Maas, who is based in Jakarta, Indonesia, and works for NOS Radio & Televisi, told the judges. Maas was on site on May 19 nearly three years ago as the army moved in and he told the court that he was also shot in the back as he tried to flee. He said he didn't know Polenghi and only learnt about his death while he was hospitalised at Police Hospital for his own bullet wound.

Maas said the bullet that hit him came from the direction of the military. That bullet, which was lodged inside his body for five weeks, was later identified by a Department of Special Investigation's expert as coming from an M16 rifle. The bullet was given to the DSI as evidence, Maas told the court.

The Criminal Court will on May 29 make a ruling on Polenghi's death. Polenghi's sister, Elisabetta flew in from Italy to be at the hearing and was upset that two other witnesses, including one foreign national who videotaped the moment when Polenghi fell, were not allowed to testify after judges said their testimony was redundant to the trial.

Pravit Rojanaphruk

Tribunal tailandés culpa al Ejercito de cuarta muerte en protestas de 2010
Source: noticias.terra.com

Un tribunal de Tailandia determinó que el Ejército mató a un menor de edad durante las protestas de los "camisas rojas" en 2010, la cuarta muerte atribuida a los soldados, informó hoy la prensa local.

Los jueces indicaron que Khunakorn Srisuwan, de 14 años, falleció de un disparo en la espalda cuando se encontraba en las cercanías de la Ratchaprarop, donde se manifestaban los seguidores del Frente Unido para la Democracia y contra la Dictadura o "camisas rojas", en la madrugada del 15 de mayo de 2010.

Varios testigos declararon que la noche de autos vieron al menor, que residía en un orfanato y padecía de hiperactividad, jugando cerca del búnker militar.

En el cuerpo de la víctima mortal fue encontrado un fragmento de bala utilizados en los rifles de asalto M16 por los militares tailandeses, indicó el juez.

Sin embargo, el tribunal no pudo determinar desde qué unidad del Ejército se efectuaron los disparos.

Es el cuarto caso juzgado en un tribunal de las 92 muertes ocurridas durante las protestas, disueltas por el Ejercito cuando los manifestantes llevaban dos meses acampados en distintos lugares de Bangkok.

La justicia tailandesa también culpó a los soldados de las muertes de Phan Khamkong, Channarong Phonsrila y Chartchai Chalao, cuando ambos participaban en las movilizaciones de los "camisas rojas", seguidores del ex primer ministro Thaksin Shinawatra.

Slain nurse's mother seeks action against Tarit
Source: Nationmultimedia.com

The Department of Special Investigation (DSI) chief, Tarit Pengdith, cannot be absolved from his responsibility for the people killed in the 2010 crackdown as he was a member of the Centre for Resolution of the Emergency Situation (CRES), Payao Akhad said. Her daughter Kamolkaed, a Red Cross volunteer, was shot down while tending to patients at Wat Pathum Wannaram.

Payao explained that if other CRES members were found guilty, there is no reason why Tarit should not be held responsible as well.

"[Tarit] knew everything about 2010 [crackdown]. All of them should be held responsible," she said.

So far, the Criminal Court has ruled that bullets from the soldiers' side killed four people.

Payao added that a group of relatives of the 2010 crackdown victims would push the Yingluck Shinawatra government to remove Tarit from the DSI and subject him to investigation as well.

She also complained that former prime minister Abhisit Vejjajiva and his then-deputy Suthep Thaugsuban were not detained like other red shirts when the DSI accused them of having the intention to murder in relation to the 2010 crackdown.

"If they were granted bail later, then it would have been different," she said, adding that all Army officers involved in ordering and carrying out the alleged shooting of protesters in 2010 should also be prosecuted.

Payao said that while Abhisit admitted to foreign media that soldiers had been told to use live bullets in self-defence, many of the nearly 100 people killed had bullet wounds above their knee and a few were shot in the head, which does not constitute an act of self-defence.

"It must be considered as over-reaction," Payao said. She is arguably one of the most prominent relatives of victims and has since become a leading activist calling for justice for those killed in 2010.

Payao said her daughter was shot five times, as proved by the official autopsy, even though she had been wearing a Red Cross apron and was at the temple which had been declared a sanctuary by the government on May 19, 2010.

"If we don't prosecute soldiers now, then they will end up engaging in such 'operations' again and again," Payao said.

Shot that killed Italian came from area where troops deployed: witness
Source: Nationmultimedia.com

The Criminal Court yesterday heard a witness testify that the gunshot that killed Italian photographer Fabio Polenghi came from where the security forces were deployed during the 2010 political mayhem.

Speaking from the witness stand in the inquest into Polenghi's death, PBS Channel news-crew member Makid Khamnan said he was on assignment to cover the May 19 crowd-control operation at Rajdamri Road.

He said he heard the sound of gunfire, prompting him to run behind Polenghi to the scene and investigate.

He said he videotaped the unfolding incident, including the fall of Polenghi after gunshots were fired from the area occupied by security forces. He said he videotaped the unfolding incident, including the fall of Polenghi after gunshots were fired from the area occupied by security forces.

The next hearing is scheduled for January 25. The court is expected to conclude the inquest by the middle of next year.

The victim's sister Elisabetta Polenghi said she expected justice to prevail. She voiced her confidence in the Thai judiciary, saying the courts had ruled in the four previous inquests that victims were killed by gunshots fired from the soldiers.

Abhisit on the BBC: Unfortunately, some people died
Source:asiancorrespondent.com

SI FA LUCE SUL CASO FABIO POLENGHI
Source: LeTerreSotoVento

Si comincia a fare luce sulla morte di Fabio Polenghi, il fotografo italiano assassinato a Bangkok da un proiettile “veloce” durante la repressione del 19 maggio 2010 quando 98 persone perirono.
Altri tre testimoni hanno dichiarato alla Corte Penale di Bangkok Meridionale di credere che Fabio Polenghi sia morto per i colpi sparati dai militari durante la repressione di Rachadaprasong ordinata dal governo di Abhisit. Questi si aggiungono ad altri due testimoni che testimoniarono ad ottobre scorso. Ci sono altri 32 testimoni per lo stato ed altri otto per la famiglia.

Il documentarista americano Bradley Cox ha detto ai giudici che Polenghi era stato ucciso verso le 10,58 del 19 maggio e che il proiettile giungeva dalla direzione di Lumpini Park e Sala Daeng. “Ci muovevamo e nascondevamo lungo la Ratchadamri Road e udivamo i colpi dalla direzione delle tende vicino al lato di Sala Daeng.” dice Cox “C’era del movimento dietro di me che era nella direzione di Ratchapraong ed io ed altri corremmo in quella direzione. Io comunque fui colpito dietro la mia coscia destra mentre correvo, e mi girai per vedere da dove venissero gli spari. Allora vidi che Fabio Polenghi era caduto già sulla strada.”
Diceva in precedenza che lui ed altri, tra i quali alcuni giornalisti americani e giapponesi, si radunavano e nascondevano dietro le barricate dei militanti delle magliette rosse di fronte all’incrocio Ratchadamri Sarasin. Poteva vedere i militari muoversi sui due lati della Ratchadamri, vicino alle tende, ad 80 metri da dove si trovavano loro. “Vidi soldati differenti muoversi attorno sei volte, a cinque o sei soldati la volta. Dentro le tende delle magliette rosse c’erano una dozzina di loro, ma credo che ce ne fossero di più.” Cox ha dichiarato che non ha visto né udito un singolo colpo partire dalla posizione delle magliette rosse, ma udì chiaramente i colpi dai lati del Lumpini e Sala Daeng dove i militari si stavano dirigendo.
“Accesi la telecamera quando vidi Fabio Polenghi per terra. Vidi alcuni aiutarlo ed un uomo che molti credono stesse portando via la sua macchina fotografica. Mi sorpresi che fossimo stati colpiti lui ed io dal momento che ci stavamo allontanando dall’esercito. Benché non possa provare o di entificare che colpì Fabio o me, sono certo al cento per cento che è stato l’esercito.”
In risposta alle domande degli avvocati delle famiglie, Cox non credeva che fossero coinvolti gli uomini in nero nella morte di Fabio Polenghi. “Naturalmente alcuni delle magliette rosse vestivano con altri colori ed anche colori nero e marrone, ma non li ho visti portare alcuna arma.”
Un tassista di Roi Et, Udon Wannasig, ha detto di aver visto come Fabio era stato colpito.