[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-118-2005: THAILAND: Fourth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit]
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UP-126-2005: THAILAND: Fifth 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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NEW SOMCHAI NEELAPHAIJIT WEBPAGE: www.ahrchk.net/somchai
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Dear friends,
The latest 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 will run from tomorrow, November 1, to Friday, November 4.
This week marks a turning point in the trial. The last witness for the public prosecutor is expected to finish tomorrow, before a witness for the joint plaintiff (the wife of the victim) on Wednesday, and the first witnesses for the defence will take the stand on Thursday and Friday.
Tuesday morning is also awaited for another reason: the presiding senior judge announced on the last occasion that he would no longer be hearing the case. It is extremely unusual for a judge in Thailand to be changed mid-way through a complicated criminal trial. The Asian Human Rights Commission (AHRC) is aware that it is among many groups that have made interventions calling for the judge to continue hearing the case for its duration (see UP-123-2005 and AHRC-PL-62-2005).
Accordingly, we call for a strong presence of observers in the court this week. 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.
Summaries of witness testimonies from the most recent hearings, October 18 – 21, are given below. As in our previous calls, these are followed by information on the place and time of the hearings. For all links and further information, visit the new Somchai Neelaphaijit webpage established by the AHRC: www.ahrchk.net/somchai. Please note that it is still in the final stages of construction.
LATEST TESTIMONIES
October 18
Ms Sunan Kongchem, an eyewitness, said that as she was walking with friends she saw two parked sedans at the alleged place of the abduction. After passing she heard a male voice yelling “let me go”, and when she turned around she saw some men trying to force a smaller man into the rear car. At the time she thought it was a quarrel. She could not identify any of the defendants as being among the group of alleged perpetrators.
Mr Montri Kaokong, another eyewitness, said that he and three friends saw two sedans at the alleged scene of the incident, one with its left signal on. He initially thought that the cars had had an accident. He and his friends had almost reached a nearby bus stop when they heard a cry for help and saw 4-5 men near the cars, a smaller man being forced into the rear car. The front car, which was green with clear windows, was then driven straight down the road while the rear car, which was dark with tinted windows, did a u-turn in front of the Huamak Metropolitan Police Station.
October 19
Mr Surajit Tipprom from the Communication Authority of Thailand explained about the functioning of mobile phone systems in support of evidence given relating to the call records of the five defendants around the time of the alleged incident. He explained that the system for recording calls is very accurate, and technical errors are infrequent. Information also can be cross-checked. He explained that he was called to explain the functioning of the system to investigating police officers, and cooperated in the gathering of evidence.
October 20
Pol. Col. Kajornsak Pansakorn from the metropolitan police explained that he was assigned to handle the investigation. He said that three orders were given to set up teams to investigate, one on 17 March 2004, then again on March 31 and April 8. The witness was assigned on the last date. There were a number of teams set up as there was strong interest on the case.
The witness said that to investigate, the police began by trying to retrace Somchai’s movements. Then they looked for eyewitnesses in places that he may have been last seen. Eyewitnesses were found and one, Ms Chiwiwan, positively identified the first defendant, Pol. Maj. Ngern Tongsuk, from a photograph. All of the eyewitnesses were shown only photographs of the accused, not the actual persons (in lineups).
The witness said that from the technical investigation, by using telephone records, the investigating officers were then able to trace three more of the accused. They found that the first and fourth defendants (Pol. Maj. Ngern and Pol. Sgt. Rundorn) had tailed Somchai for the whole day. The investigating officers used the phone records as the basis for issuing arrest warrants. All of the accused denied the charges and did not give statements to the investigators. After the arrests, the investigators went to the houses of the accused to seek more evidence but found nothing.
The witness explained that as they continued the investigation they were able to gather enough evidence to charge the fifth accused, Pol. Lt. Col. Chadchai Leiamsa-ngoun, who also denied the charges.
The witness said that he believed the motivation for the abduction was that the first and fifth accused (Pol. Maj. Ngern and Pol. Lt. Col. Chadchai) were among those accused of torturing Somchai’s clients.
The investigation was finished in two months due to the high attention on the case. The witness said that the investigators did not coerce any persons to give testimonies.
Pol. Lt. Col. Tinnakorn Somwandee from the metropolitan police explained that he was assigned to the case on 31 March 2004, as a part of the second investigation team. He said that the first investigation team had found that the motivation for Somchai’s abduction was related to the situation in the south and his clients who had allegedly been tortured by the arresting police.
The witness said that he began the investigation by going over the work of the first team. However, the two teams divided tasks and worked separately. His testimony repeated the process of arrest and denial of charges by the accused as that of Pol. Col. Kajornsak.
October 21
Pol. Lt. Col. Sompong Samranchai from the metropolitan police (Huamak Metropolitan Police Station) said that he was also assigned to the case on 31 March 2004, under the second team. He was given three duties: to investigate people in relation to the case who were detained on national security charges by the Criminal Investigation Division, investigate police officers, and oversee the arrest of the defendants. He said that he was not able to confirm about whether or not the abuse of detainees had occurred, although the complaint existed.
The witness had filed an objection to the release of the defendants on bail. He said that this was done because of the importance of the case, and considering that the accused were police officers if released they would be in a position to destroy evidence or obstruct justice.
Pol. Lt. Col. Phakorn Samutkiri from the metropolitan police (Bangrak Metropolitan Police Station) said that he was assigned to the case since 15 March 2004, after the wife of the victim, Mrs Angkhana Neelaphaijit, lodged a complaint about her husband being missing with his police station. He began by investigating at Somchai’s office and then when the car was found going with the wife of the victim to the site, after which it was taken for further examination by the forensic department. Later he supervised the recording of witness testimonies for the purposes of the court. He said that as the witnesses were afraid to visit the scene to describe what happened, they just used maps, or drove past.
There was an extensive cross-examination of the witness on a range of material and procedural points. The witness denied that the investigation had concentrated just on one theory regarding the abduction, and ignored other possibilities. He said that a number of theories were established at first but the evidence only backed up one [that the accused had abducted the victim]. Under reexamination he said that the investigators had sufficient evidence to lay the charges of gang robbery and coercion, but lacked sufficient evidence to press further charges.
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: all material has now been compiled on the new webpage: www.ahrchk.net/somchai.
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)
