UPDATE (Thailand): Inaction by Thai authorities in investigating the disappearance of Mr. Somchai Neelaphaijit

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the delay in investigating the disappearance of a prominent human rights lawyer, Mr. Somchai Neelaphaijit, who has been missing since 12 March 2004. This case has been pending for a considerable time, due in large part to inaction by the authorities. Despite assurances by the Thai Minister of Justice that the matter is being investigated by the Special Investigation Department, and that this department has made “a lot of progress”, no evidence or satisfactory explanation has been put forward by Thai authorities regarding Mr Somchai’s disappearance to warrant such a statement. 

The five police officers accused of carrying out Mr Somchai’s disappearance have been charged with only ‘coercion by threatening bodily harm or death’, and ‘gang robbery’. Failure by the investigative authorities to positively identify Mr Somchai’s remains has meant that it has not been possible to charge the accused officers with the more serious crime of depriving a person of liberty resulting in death. This charge would carry a greater penalty than those mentioned above.
 
As no significant progress has been made regarding the disappearance of Mr Somchai, we ask you to please send a letter to the Government of Thailand requesting them to conduct a thorough inquiry into this case. 

To see our previous appeals on the case please visit FA-06-2004, UP-14-2004 and UP-26-2004.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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BRIEF REMINDER OF THE CASE:

Mr. Somchai was last seen in Bang Kapi district on the night of 12 March 2004. His disappearance followed public statements made by him about the excessive use of force against five of his clients accused of taking part in the January 4 raid on an Army camp in Narathiwat. Mr Somchai also requested that the court give permission to have his clients medically checked and transferred from police hands. The court agreed to this request and had the five suspects transferred from the Special Branch Jail, where they were allegedly beaten, to Bang Khen Central Prison. It is reported that the police were upset with Mr Somchai regarding his allegations and the subsequent transfer of his clients. 

Mr. Somchai’s car was found abandoned on Ramkhamhaeng road in Mor Chit and its rear bumper showed signs of being hit. Khunying Porntip Rojanasunan, deputy director of the Justice Ministry’s Central Institute of Forensic Science, inspected the car on 20 March 2004. She said she was confident Mr. Somchai was in an accident on the night of March 12 when he disappeared. Mr. Somchai had renewed his car insurance two weeks before his disappearance and had not demanded compensation for the damaged bumper. It could be assumed that the car accident had just occurred, she said.

Subsequently, five police officers from different parts of the force were identified as the alleged culprits of the removal of Mr Somchai from his car. Although these officers have been charged, as noted above, they have denied involvement in the case. Meanwhile, no light has been shed on what happened to Mr Somchai subsequently.  

SUGGESTED ACTION: 

Please send a letter, fax or email to the Minister for Justice of Thailand, Mr Ponthep Thepkanjana, requesting that a full and thorough investigation take place in regards to the disappearance of Mr Somchai, and that no further delays should occur in locating the victim’s whereabouts. Please also send a copy of your letters to those people listed below. A suggested letter for Mr Pornthep follows.

To support this case, please click here: SEND APPEAL LETTER