The Narathiwat Provincial Court will consider next month whether it will accept a lawsuit against nine former top officials accused of murder, unlawful detention and misconduct in connection with the Tak Bai tragedy.
The lawsuit was lodged on April 26 by a group of 48 plaintiffs who are either injured victims or relatives of the deceased, after no moves to seek justice on their behalf, except for financial compensation, were forthcoming from police or prosecutors.
The decision by the plaintiffs to take the matter into their own hands comes ahead of the expiry of the 20-year statute of limitations in October.
The incident took place on Oct 25, 2004, when security forces dispersed a rally in front of Tak Bai police station in Tak Bai district.
The protesters were calling for the release of six detainees.
Seven demonstrators died at the scene, and 78 others died from suffocation or organ failure as they were detained and transported to a military camp in Pattani's Nong Chik district, 140 kilometres away.
Adilan Ali-Ishoh, a lawyer with the Muslim Attorney Centre Foundation who represents the group, said the court had conducted two hearings for the initial inquiry process, on June 24 and July 19, and will decide on Aug 23 whether to accept the case for trial.
The nine former officials face accusations of murder, unlawful detention and malfeasance. Among them are a former 4th army region commander, a former chief of Provincial Police Region 9, a former Narathiwat governor, and a former superintendent of Tak Bai station. Three of the accused were physically involved in the incident.
Mr Adilan expressed confidence there are sufficient grounds for the court to accept the case for trial but said he was not sure if the accused can be arraigned before the statute of limitations expires on Oct 25.
"In case the court accepts the case, it remains to be seen if the defendants will try to delay court appearance," he said.
Useng Doloh, another lawyer, said police should have gathered evidence and put together a case to bring those responsible for the tragedy to justice.
Instead, they have taken no action, possibly because those involved are high-ranking officers.
"Twenty years can't erase their memory. It only diminishes their hope for justice. As soon as the statute of limitations expires, any chance for justice disappears," he said.
