The civil court ordered the Ministry of Defense, the Army, and involved soldiers to pay 4,951,000 baht in compensation for suffering due to assault and other damages to the mother of Private Yutthakinan, who was beaten to death in a military camp.
At the civil court on 29 June, the court scheduled the verdict reading in a case where Mrs. Renu Modraki, mother of Private Yutthakinan Boonniam, the deceased, filed a lawsuit against the Ministry of Defense and others, defendants 1 through 13, for tort, claiming damages of 4,131,000 baht plus 5% annual interest.
The plaintiff alleged that on 27 March 2017, defendant 3, Private Phuwadej Thanayutphoom, together with 11 other soldier defendants, jointly committed tort against the life, body, and liberty of Private Yutthakinan by assaulting him to death. The deceased, a conscript from the 2015 first batch of the 45th Military Circle Company, was assigned as a military police officer. He was accused of misconduct, insubordination, and disobeying orders, so he was sent back to his original unit and disciplined for military offenses with 15 days confinement. Upon transfer to the 15th Military Circle prison, Sergeant Surachet Promsart, defendant 12 and the prison guard, examined him and found him healthy with no chronic illness but detected drugs in his urine. The deceased was then shackled and reported to Lieutenant Thitikarn Wetchasit, defendant 13, who ordered him to perform 300 push-ups three times daily as punishment for a new prisoner.
Later that day at 9:00 p.m., defendants 4-11 were drinking alcohol on a marble bench near the prison with defendants 12 and 13 until 1:20 a.m. on 28 March 2017. While the deceased was sleeping in front of the restroom inside the cell, defendants 4, 5, 7, and 11 woke him up and called three other prisoners—defendants 8, 9, and 10 (all privates)—to join. Defendant 5 ordered defendants 8, 9, and 10 to assault the deceased for five minutes, then ordered them to hold the deceased’s head against the cell bars while standing with arms spread, tying his arms to the bars with cloth, and continue beating him for another four minutes.
Then defendants 4, 5, 10, and 11 joined in punching and kicking the deceased. They repeatedly ordered further assaults, causing severe injuries. They placed a plastic bag with holes over the deceased’s head for one minute. At 2:01 a.m., all defendants left the cell, leaving the deceased naked on the floor. About 20 minutes later, they returned to assault him again. At 3:40 a.m., defendants 8, 9, and 10 tied the deceased’s ankles to the bars with a loincloth, hanging his head downwards, and covered his face with a wet towel.
At 6:00 a.m., all prisoners were called from the dormitory to line up for a count. Fellow privates helped free the deceased from the bars, cut off the cloth binding his body, and helped him out of the dormitory. The guard on duty ordered the deceased to stand in the sun in front of the cafeteria. The deceased showed bruises all over his body and a cut on his eyebrow, but collapsed and lay on the ground. When defendant 13 saw this, he ordered the assistant guard to take the deceased to bathe and bring him to the dining table, then struck him twice with a bamboo stick without any medical attention. Between 29-30 March, the deceased was still ordered to lie in the sun despite his weakened condition.
On 31 March, the deceased developed a swollen head and high fever. Defendant 13 sent him to Vibhavadi Hospital, which referred him to Surat Thani Hospital, where he later died. The forensic doctor found multiple lacerations over his body. The cause of death was kidney failure, acidosis, and kidney overload. Defendants 3 to 13 intentionally caused harm to the deceased’s life, body, health, and liberty. They tied a loincloth around his neck while he was naked, causing breathing difficulty. Defendant 13 knew but failed to send him for treatment, resulting in death. Their actions constituted tort causing cruel and brutal death.
In this case, the prosecutor at the 45th Military Circle Court charged defendants 3 to 13. Defendants 3, 4, 5, and 8 were sentenced to six years in prison each for torturing another causing death. Defendants 6, 7, 9, and 11 received eight-year sentences each. Defendant 10 was sentenced to five years and four months. Defendant 12 was convicted of disobedience, neglecting orders, and jointly assaulting others, sentenced to six years. Defendant 13 was convicted of disobedience, neglecting duty as an officer, and joint assault, receiving a three-year prison term.
The actions of defendants 3-13 were not only criminal offenses but also torts against the deceased and his mother. Defendants 3-13 must jointly compensate the plaintiff. They were all under the command of defendants 1 and 2, so the court requested joint compensation for suffering from assault at 80,000 baht, funeral expenses 700,000 baht, and loss of support at 5,000 baht monthly until the deceased would have been 60 years old, totaling 2,280,000 baht, plus 5% annual interest from the date of tort to filing, amounting to 1,071,000 baht. Total damages were 4,131,000 baht.
Before the verdict, defendant 13 agreed to pay the plaintiff 1,000,000 baht, while proceedings continued against the other defendants.
The court ruled that defendant 1, the Ministry of Defense, defendant 2, the Army, jointly with defendants 3 to 12, must pay compensation totaling 2,680,000 baht plus 5% annual interest on the principal sum of 1,071,000 baht from the date of filing until full payment, totaling 4,951,000 baht. Defendants 2 to 12 must jointly cover the plaintiff's court fees, including 100,000 baht for attorney fees and 100,000 baht for litigation expenses.
In this case, Mrs. Renu Modraki, mother of Private Yutthakinan, sought legal assistance from the Lawyers Council. The council assigned lawyer Nitithorn Kaewto, known as lawyer James, as part of the Human Rights Case Subcommittee to file the civil suit. They successfully secured compensation in this case.