Critics have slammed authorities in the justice system for their failure to bring defendants in the Tak Bai massacre case to trial before the statute of limitations expired.
They are intensifying calls for amendments to the law to improve efficiency in the justice system, such as extending the statute of limitations for prosecuting criminal offences.
Observers also predicted the authorities' failure to bring defendants to justice could fuel insurgents in the restive deep South to incite further unrest, as locals may have lost confidence in the government and the justice system.
They warned the security situation in the region may worsen if justice is delayed further or denied, making it more difficult for the Paetongtarn government to pursue peace in the deep South.
The 20-year statute of limitations in the Tak Bai case expired at 11.59pm on Oct 25, and the Provincial Court in Narathiwat declared the case closed on Oct 28.
On Oct 25, 2004, seven Muslim protesters were killed during a rally in front of the Tak Bai police station in Narathiwat province.
Another 78 later died from suffocation or organ failure while being taken in trucks to a military camp in Pattani province, some 150 kilometres away.
Before the dispersal, protesters had been demanding the release of six detainees. The Tak Bai tragedy occurred during the tenure of then-Prime Minister Thaksin Shinawatra.
In April this year, the victims' families filed a lawsuit with the Narathiwat Provincial Court against nine former top officials, accusing them of murder and other crimes.
In August, the court accepted the lawsuit against seven individuals, including former Pheu Thai list MP Gen Pisal Wattanawongkiri, who served as the Fourth Army Region commander; Pol Lt Gen Wongkot Maneerin, then assistant national police chief; and Maj Gen Chalermchai Wirunpeth, who commanded the 5th Infantry Regiment at the time.
Meanwhile, the attorney-general filed a lawsuit against eight suspects with the Pattani Provincial Court on Sept 12, with Maj Gen Chalermchai a suspect in both cases. Fourteen suspects were identified in total.
Another source of public outrage was the return to work of Wissanu Lertsongkram, one of the Tak Bai defendants, the day after the case expired.
He is now assistant district chief of Tha Uthen district in Nakhon Phanom.
In 2004, Mr Wissanu was a soldier assigned to drive a military truck taking protesters from the protest site.
When an arrest warrant was granted on Oct 15, he requested leave from Oct 16 to 18, which the district chief denied after learning of the warrant. However, Mr Wissanu went absent regardless.
The timing of his leave request has led to speculation that he anticipated the court order. His reappearance after the case expired prompted Interior Minister Anutin Charnvirakul to initiate a probe.
As Mr Wissanu had returned to work within 15 days, the ministry ruled out dismissing him.
Officials may be dismissed without inquiry if absent for more than 15 days without valid reason; for shorter absences, penalties may include reprimands or salary cuts.
Calls for law changes
Kamolsak: Inquiry panel to be set up
Kamolsak Leewamoh, a Prachachat Party MP for Narathiwat, told the Bangkok Post that the House committee on law, justice, and human rights will set up an inquiry panel to investigate the case.
The panel will also explore potential amendments to extend the statute of limitations for criminal prosecutions.
"Is it time to amend laws governing deaths caused by authorities while on duty?" he asked, noting the panel will also examine authorities' delays in handling the Tak Bai case.
Asked if the expiration of the Tak Bai case could fuel unrest in the deep South, Mr Kamolsak said injustice often contributes to southern violence.
The lawsuit filed by victims' families represents the first attempt by locals to seek justice through legal means.
Previously, other locals killed by authorities had families who chose not to pursue legal action.
"In the southern conflict, whichever side gains the support of local residents has the advantage," he said.
Jade: Undermines confidence in justice
Jade Donavanik, a scholar and president of the College of Asian Scholars' faculty of law, told the Bangkok Post that authorities' failure to deliver justice has undermined public confidence in the justice system.
He agreed with calls to amend laws to ensure the statute of limitations in criminal and corruption cases lasts long enough to hold offenders accountable.
Mr Jade argued the government cannot evade responsibility for allowing the case to expire without taking decisive action.
"This was an oversight by the involved authorities and the government," he said.
"There were several measures available to bring the defendants to justice, but no action was taken," he added.
Previously, Prime Minister Paetongtarn Shinawatra declined to comment on calls to issue an executive decree to extend the statute of limitations in the Tak Bai case.
The suggestion was initially proposed at a public forum by Assoc Prof Prinya Thaewanarumitkul, a law lecturer at Thammasat University, who urged the government to consider an executive decree under Section 29 of the constitution.
Mr Jade added that, in light of this, local communities in the deep South may now be less willing to cooperate with authorities after justice was denied in the Tak Bai case.
Injustice and Conflict
Krisanaphong: Extend statute of limitations
Pol Lt Col Krisanaphong Poothakool, associate professor in criminology and vice president at Rangsit University, also noted the failure to prosecute defendants in the Tak Bai case could be exploited by insurgents, further undermining local confidence in the government.
"The case was allowed to expire because authorities did not do enough to bring the accused to justice," he said.
"Growing suspicions about the failure to prosecute defendants could be exploited by insurgents to incite violence," he said.
Pol Lt Col Krisanaphong supported calls for legal amendments to extend the statute of limitations in criminal cases to prevent perpetrators from escaping justice.
Angkhana: Culture of impunity for officials
Senator Angkhana Neelapaijit, chairwoman of the Senate committee on political development, public participation, human rights, freedom, and consumer protection, said the failure to deliver justice highlighted a culture of impunity among state officials.
"It also indicates the government has failed to uphold and protect human rights," she said.
She added the Senate committee will submit a report on the Tak Bai case to the government, including recommendations to prevent similar issues, such as extending the statute of limitations in criminal cases.
Ms Angkhana noted that, despite the case's expiry, victims' families can still file complaints under the Prevention and Suppression of Torture and Enforced Disappearances Act.
She mentioned that four individuals remain missing in connection with the Tak Bai incident.