23 December 2009
His Excellency the Prime Minister
CC: H.E. Minister of Justice
Director General of Department of Special Investigation
Since your ascension to the premiership, you have fervently declared to public your intention to set up a special committee to restore inquiries into important cases that have gained much attention from society. Previous governments have been criticized for not giving importance to several prominent cases and failing to uphold justice. Investigation of important cases had been retarded and the injured parties access to justice hampered. One of those cases is the enforced disappearance of Mr. Somchai Neelapaijit.
At the one year anniversary of your administration, there is still no substantial progress made regarding the enforced disappearance of Mr. Somchai Neelapaijit which has been accepted as a special case by DSI since July 2005. Meanwhile, key witnesses to the case and their families have been subjected to intimidation and threats and have to always worry about their safety.
As an injured party in this case, I would like to call on you as the person directly in charge of DSI to;
Ensure acceleration of the investigation Until now, no substantial progress has been made to the investigation in the enforced disappearance of Mr. Somchai Neelapaijit case handled by DSI. In over past four years that DSI has accepted to take charge of this case, attempts have only been made to acquire evidence from the Maeklong River, Ratchaburi province. Insofar, four 200-litre-drums have been excavated and are believed to have been used for destroying the body of Mr. Somchai. Some human bone remained and has also been obtained, but after forensic test, it has been found not to match the genetic pattern of Mr. Somchai Neelapaijit.
Provide for efficient witness protection The disappearance of Mr. Somchai Neelapaijit is related to the alleged torture of the 4 January 2004 gun robbery suspects while being detained by several high ranking police officials, the case of which is being investigated by the National Counter Corruption Commission (NCCC). But due to slow justice process and inefficient witness protection, witnesses in this case and their families have been living in fear and been unable to live their normal lives. Lately, one of the key witnesses in this case, Mr. Abdulah Arbukaree was found to have disappeared on 11 December. He had been waiting for years to testify as a witness in the Court. During late November, he went to his hometown in one of the Southern border provinces and has disappeared since then for nearly two weeks now. Should the disappearance of Mr. Abdulah Arbukaree prove to be an enforced disappearance, it shall inflict a horrendous threat to other witnesses in this case and other cases. Their confidence in their safety and trust in the efficiency of the justice system to hold the perpetrators liable shall be gravely eroded. I propose DSI be held responsible for this incidence and prompt investigation in this new disappearance be launched and any findings be made public.
Criminalize enforced disappearance and the government must sign the UN Convention Against Enforced and Involuntary Disappearances This will provide an assurance to Thai people that there shall no longer be tolerance to enforced disappearance perpetuated by public officials. It will also enable families of the victims to hold concerned officials liable for their crime.
The enforced disappearance of Mr. Somchai Neelapaijit has widely been known as one of the key cases that has affected trust in justice process and the rule of law in Thailand, particularly among people in the Southern border provinces. Though the government has been successful in providing support, compensation and development aid to people in the South, but they have failed to deliver justice and ensure equality under the law. Therefore, I would like to call on you to closely monitor the performance of DSI and NCCC and to ensure that the investigation carried out by the two agencies be conducted in a more prompt, transparent and fair manner. This shall bring about the cease of the culture of impunity and provide for safety of witnesses as well as restore trust in justice process in all Thai citizens.
Yours Faithfully,
Ms. Angkhana Neelapaijit
For more information, please contact Ms. Angkhana Neelapaijit, Tel.: +66 847280350
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