[RE: FA-06-2004: THAILAND: A human rights lawyer Mr. Somchai Neelaphaijit missing… UP-20-2005: THAILAND: Human rights lawyer still missing after nearly one year; Action needed today to have case transferred; UP-24-2005: THAILAND: Thai minister refuses to act on missing human rights lawyer case; UP-37-2005: Thai PM orders action on missing human rights lawyer, while court hears of torture; UP-45-2005: Wife of missing human rights lawyer intimidated; UP-49-2005: THAILAND: Government commits to giving witness protection to missing lawyer’s family; UP-89-2005: THAILAND: Repeated failed commitment to assign Department of Special Investigation to Somchai case; UP-107-2005: THAILAND: Special call for observers to attend September 7, 8 & 9 court hearings over missing human rights lawyer Somchai Neelaphaijit… UP-116-2005: THAILAND: Third special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit]
THAILAND: Disappearances; Attacks on human rights defenders; Impunity
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Dear friends,
The next hearings in the trial of five police officers in connection with the disappearance of prominent Thai human rights lawyer Somchai Neelaphaijit at the Criminal Court in Bangkok are continuing during October 18-21. Some remaining witnesses are being called by the public prosecutor, after which the witnesses of the joint plaintiff, the wife of the victim, are scheduled to be heard.
The Asian Human Rights Commission (AHRC) is making its fourth special call for persons to attend the trial as observers. Please refer to our first call (UP-107-2005) for an explanation of the case and reasons that observers are very important in the court.
Recent developments in the case are given below, after which, as previously, we are giving some information on the place and time of the hearings.
RECENT DEVELOPMENTS
October 5
Mr Wisarut Parattrakorn, legal officer with the AIS telephone company, explained how he was summoned by the metropolitan police investigators in the case and asked to provide information on mobile telephone use by the defendants. He explained that the proper procedure was followed so that the records could be given to the investigators.
Mr Vittaya Buranasil, a member of the Muslim Lawyers Club, explained how within the last few years Somchai had handled cases relating to national security in the south, especially those where the accused were tortured in connection with alleged insurgent actions. He explained that just before Somchai disappeared he was taking up the case of five men who had said that they were tortured by the police. The witness also was assisting in this case.
The witness said that on 10 March 2004 Somchai said that a government official had told him that his name was on a blacklist.
On 13 March 2004 at 9am he was due to meet with Somchai along with other members of the Muslim Lawyers Club. In fact Somchai had called the meeting, but he did not come. He said that usually if Somchai couldn’t come he would inform the group, but he did not do it this time, and unusually, nobody could contact him.
The witness also said that on 14 March 2004 the staff of Somchai’s law firm called him at 4pm to say that they had still had no contact and that Somchai was due to fly to Hadyai that evening; however he had not checked in.
October 6
Mr Plean Eamsamang, an eyewitness to the alleged abduction, explained that he was stationed as a security guard at a house opposite from the site of the incident and had time to observe the whole event. He said that he saw two persons get out of a rear car, out of maybe four in total, and talk to another person from the front car. Then he heard a cry of “why” and took another look. He saw the persons from the second car pushing the person from the first car, and heard a suffocating sound. He saw the car door closed on the person and the person who closed the door went to sit in the front seat of the car next to the driver. One of the persons went to the first car and drove it.
In his testimony to the police investigators, the witness had been shown VCD footage and was asked to identify persons in the VCD. He said that he had told them that he couldn’t identify anyone exactly, but the man who pushed the other into the car looked like the first defendant, Pol. Maj. Ngern Tongsuk. And the person who went to drive the first car looked like the second defendant, Pol. Lt. Col. Sinchai.
The witness had been summonsed to appear in the court on September 7; however, he failed to come. When he came to the court on this date he was accompanied by an officer of the Department of Special Investigation, suggesting that he had tried to avoid coming to give testimony, and may be under protection.
Mr Sonthaya Jakkrapong, another eyewitness, said that on 12 March 2004 at about 8:45pm he was driving a motorcycle home when he passed the place of the incident. He heard someone cry out from the left, and looked in that direction. He saw two sedans parked close together and saw about three struggling at the second car. The scene looked suspicious to him, so he stopped his motorcycle opposite the nearby Hua Mak Police Station and called emergency number 191 and informed of what he saw. Then he drove home. Ten days later he was called by the police to give testimony.
LOCATION & TIME OF NEXT HEARING
The Criminal Court is located on Ratchadapisek Road, Ladprao, next to the Courts of Appeal and Civil Court. It is best reached by taxi or private vehicle; however, it is in walking distance of the Ladprao BTS station and busses run past the front of the building. The trial is ordinarily conducted in room 811, or another room on the 8th floor.
The morning session is scheduled to begin at 9am. The afternoon session is scheduled for 1:30pm. Each session runs around three hours. Occasionally testimonies are concluded by the end of the morning session.
KEY PERSONS IN THE COURT
Judge: Mr Suwit Pornpanich and two assistant judges
Accused (seated on the right of the court)
1. Police Major Ngern Tongsuk
2. Police Lieutenant Colonel Sinchai Nimbunkampong
3. Police Lance Corporal Chaiweng Paduang
4. Police Sergeant Rundorn Sithiket
5. Police Lieutenant Colonel Chadchai Leiamsa-ngoun
CHARGES
Coercion & gang robbery under sections 309 & 340 of the Penal Code of Thailand
SUBSEQUENT HEARINGS
The witnesses for the prosecution are scheduled to finish being heard this week. At the next hearings from November 1-4, the defence is due to call its first set of witnesses. The trial is expected to continue until January.
FURTHER BACKGROUND TO THE CASE
The AHRC has released copious material speaking to the importance of the disappearance of Somchai Neelaphaijit. Some of the recent appeals and updates include: UP-20-2005, UP-24-2005, UP-37-2005, UP-45-2005, UP-49-2005, UP-89-2005 and UP-116-2005. A webpage compiling all information on the case will be made available shortly. In July, the sister organization of the AHRC, the Asian Legal Resource Centre, invited the wife of the missing human rights defender to attend the hearings on Thailand of the UN Human Rights Committee in Geneva.
For additional information or inquiries regarding the case please contact the Urgent Appeals Desk of the AHRC.
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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