Geneva, 10 March 2009 — The Working Group on Justice for Peace met with the UN Working Group on Enforced and Involuntary Disappearances (WGEID) today to deliver a statement by Angkhana Neelapaijit on the fifth anniversary of the disappearance of her husband and human rights lawyer Somchai. In the statement, Angkhana welcomed the attention given by the new government under Abhisit Vejjejiva on the case but called on the government to sincerely follow through with their words to investigate the case in a prompt, transparent and independent manner. In particular, Angkhana urged the Department of Special Investigation yet again to summon former PM Thaksin Shinawatra to testify as a witness as he had publicly proclaimed that Somchai was dead.
The statement was delivered by Somchai’s daughter, Pratapjit, who has been meeting with Special Procedures and delegations to the Human Rights Council this week to elaborate on latest developments regarding the issue of disappearances in Thailand, raising in particularly to lack of access to justice for the families of the disappeared.
The Working Group on Enforced and Involuntary Disappearances presented their annual report today at the Human Rights Council which contained the latest number of cases reported to its secretariat last year, numbering 7 cases bringing the total number to 53 pending cases. During the interactive dialogue with the Chairperson of the WGEID, the Canadian delegation raised the Somchai case in a question aimed at the working group, asking for details on the progress of the case. In response, the Thai government again reconfirmed its commitment to take all allegations of disappearances very seriously and put all efforts in addressing the cases in accordance with rule of law and principles of justice. Regarding particularly the Somchai case, the delegation mentioned that the new PM Abhisit had met recently with Angkhana to assure her that the Thai government is determined to do its utmost to bring the case to a conclusion based on the rule of law.
While these are indeed welcome words, the WGJP wants to remind the government that the Somchai case clearly demonstrates a failure of the justice system and represents the key impunity case in Thailand. The case has been pending in the Appeals Court since April of 2006. At the same time, the investigations by the DSI as well as the National Counter Corruption Commission, have not born any effective progress. While political will to bring the case to a close is of utmost importance, the government has the responsibility to follow through to ensure perpetrators are brought to justice. Strong allegations are pointing to deliberate obstructions in the investigation by state agents, including the destruction of evidence.
It has now been five years since Somchais disappearance and according to section 61 and 62 of the Civil and Criminal Procedure Code, a disappeared person can be declared dead. In this light, Angkhana will request the civil court to announce that Somchai was disappeared. In five years little progress has been made in delivering justice for this case, which highlights the necessity for the Convention of All Persons against Enforced Disappearances to be implemented in Thailand which would provide for the criminalization disappearances and establish the right to truth. The Thai delegation to the Human Rights Council announced the governments consideration to becoming a state party to the newest convention to show its commitment to take this issue seriously and address cases of disappearances. While 81 countries have already signed unto the convention, none of the ASEAN countries have done so. Thailand can therefore set an example to show its commitment to cooperate with efforts by the international community and ratify these important instruments.
While commemoration activities are taking place in Bangkok on the anniversary of Somchai disappearance, which will include prominent speakers of the PM office, the Office of the High Commissioner for Human Rights, academics and international missions to Thailand, Pratapjit will be presenting on the situation of disappearances in Thailand at a side event of the human rights council organized by the Asian Federation against Disappearances and the Federation of Families of the Disappeared in Latin America which will highlight the urgency of the ratification of the new convention to ensure families across the globe receive justice and adequate compensation.
For more information, contact Puttanee Kangkun: 086 332 1249
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