Thai court considers petition to free detained Uyghurs

A Thai court opened a hearing on Friday into the fate of 43 Uyghurs who have spent more than a decade in detention and who rights groups fear could be deported to China where they would be at risk of torture.

The human rights group Justice for All said early last month that reports from detained Uyghur asylum seekers indicated that Thai authorities were coercing them to fill out forms in preparation for their deportation to China.

Thailand has denied that but fears for their safety have persisted and lawyer Chuchart Kanpai submitted a petition on Jan. 29 arguing that the men had spent enough time locked up on immigration charges and should be freed.

“The 40-plus Uyghurs in detention have not committed crimes in China. They have already served their sentences for illegal entry into Thailand but have endured deteriorating conditions in detention for more than 11 years,” Chuchart told the court.

Representatives of several embassies and the United Nations observed the proceedings.

None of the detained Uyghurs attended.

Uyghurs in China’s vast Xinjiang region have been subjected to widespread human rights abuses, including detention in massive concentration camps.

China denies that but U.N. experts on Jan. 21 also urged Thailand not to deport the Uyghurs saying they would likely face torture.

The 43 are being held at an immigration detention facility in Bangkok. Another five, who have not been included in the petition being considered on Friday, are being held in prison.

The 48 were part of an originally larger cohort of more than 350 Uyghur men, women and children, 172 of whom were resettled in Turkey, 109 deported back to China, and five who died because of inadequate medical conditions.

In 2015, Thailand, Washington’s longest-standing treaty ally in Asia, faced stiff international criticism for those it did deport back to China. Thailand is not a signatory to the 1951 U.N. Refugee Convention and therefore does not recognize refugees.

The petition calls for a review under the Criminal Procedure Code to assess whether the Immigration Bureau should release the 43 Uyghurs.

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Plea for freedom

Three witnesses spoke on Friday including Chuchart, who had worked closely with members of the Uyghur community. Bahtiyar Bora, a Uyghur who previously worked as an interpreter in cases involving Uyghurs and independent researcher Nirola Selima, also gave testimony.

“I was born in a small village in Xinjiang in 1948. During China’s Cultural Revolution, my father was arrested, and my mother was killed by the Red Guards. Those conditions forced me to flee, and I found a new life in Australia,” Bahtiyar testified in court.

“When I visited the Uyghurs in Thai detention, I saw myself as a child in their situation. I beg you to release these Uyghurs so they can have peaceful lives like you and me,” he added.

Selima spoke about the detainees’ deteriorating health.

“Many detainees face serious health issues with limited medical access,” she said.

“Those inside are in terrible condition, as if slowly awaiting death,” she told the court, citing members of a welfare group who visit the detainees.

Lawyer Chamroen Phanomphakakorn, representing the petitioners, said if the court found merit in the petition and testimony, it would order further investigation and summon police officials.

“If the detention is found illegal, the court must order the Uyghur detainees’ release,” he told BenarNews.

The court will resume the hearing on Feb. 18.