[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]
Dear friends,
The trial of five police officers in connection with the disappearance of prominent Thai human rights lawyer Somchai Neelaphaijit is underway in the Criminal Court in Bangkok. On September 7, 8 and 9 the public prosecutor will present more witnesses. One eyewitness to the alleged abduction will conclude giving evidence before proceeding to other witnesses.
The Asian Human Rights Commission (AHRC) is today making a special call to all concerned groups and persons in Thailand to attend the trial as observers. Observers should be coming from domestic and international human rights groups, government and quasi-government rights bodies, journalists, law groups, religious groups of all beliefs, university staff and students, embassies and various regional and international agencies, as well as the general public.
This trial is without precedent in Thailand. Although the five accused have been charged only with crimes associated with the alleged abduction, the court has heard detailed testimony on the allegation of the abduction and disappearance itself, as well as alleged related abuses by the police, such as acts of gross torture. Summaries of some testimonies are given below.
The AHRC has already written to the Department of Special Investigation and Department of Rights and Liberties Protection, Ministry of Justice, as well as the National Human Rights Commission of Thailand calling on them to ensure that they have staff in attendance throughout the trial of the five accused police. In addition, it has urged the Department of Rights and Liberties Protection to take the necessary steps to ensure the safety of witnesses. During August, staff of the AHRC heard a number of days of testimony, and will continue to closely monitor the trial throughout.
For persons attending the court for the first time, we provide the following summary information on the situation of the court and some of the witness testimonies given to date.
LOCATION
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.
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
KEY EVIDENCE FOR THE PROSECUTION GIVEN TO DATE
1. On March 21, the court heard two of Mr Somchai’s clients who have alleged that they were tortured by the police and saw one of the defendants during transfer while in custody. Makata Harong testified that after he was arrested in Narathiwat province in connection with a raid on an army arsenal in early 2004 he was assaulted by four to five police to plead guilty on this and other allegations. He did not confess, therefore the police tortured him with electric currents, and someone urinated over his head. After being kept in custody at the [unknown] police station for two days, and then was brought to Bangkok. Before getting on the plane his blindfold was removed and he saw the first accused, Pol. Maj. Ngern. While in custody in Bangkok, Mr Somchai and friends visited him and inquired about his case. Mr Somchai lodged a petition on his behalf with the the Ministry of Interior and Ministry of Justice, and he was visited and given a physical examination by Dr Khunying Porntip Rojanasunan, the Deputy Director of the Central Institute of Forensic Science, and questioned Mr Kraisak Chunhavan, the President of the Senate Foreign Affairs Commission.
2. Mr Sukree Maming testified that he was likewise arrested for alleged terrorist acts, on 21 February 2004; however, the police recorded the arrest on 23 February 2004. While he was detained at Tan Yong Police Station, the police smacked the base of his ears, urinated on his face, and compelled him to shift the blame to other persons. Later the police covered his head and assaulted him. They took him to sleep outside the police station at night, and took him back in the morning. On February 24 he was brought to Bangkok by plane with four other accused. During that time, he was threatened by the police that his daughter would be killed if he reversed the testimony. He recognized that the police threatening him was the first accused, Pol. Maj. Ngern, whom he identified in the court. On 27 February 2004, Mr Somchai visited and offered him assistance, after which he also prepared and lodged petitions on his behalf.
3. On March 28, the prosecution brought the three other persons who had been transferred to Bangkok on terrorism allegations, Mr Chudeeruman Male, Mr Manace Mama and Mr Abdulloh Abucaree as witnesses. Like the two former witnesses, all have had the charges against them dropped by the public prosecutor. All testified that they were arrested on charges of gun robbery and acts of terrorism in the three provinces of the south of Thailand in February 2004. During the time of being detained in Narathiwat province, they were tortured and forced to confess. They insisted that Pol. Maj. Ngern also took part in the torture. Subsequently, when they were kept in custody at the Crime Suppression Division in Bangkok, Mr Somchai visited them and took up their cases. Each were examined and questioned by Dr Porntip and Mr Kraisak.
4. On August 25, an eyewitness to the alleged abduction of Mr Somchai, Ms Chawiwan Yuthhan, said that she was walking on Ramkhamhaeng Road at about 8:30pm on the night of 12 March 12 2004 when she saw a black Toyota sedan with its caution lights on parked behind a green Honda Civic. She described how she passed by a man from the first car whom she later recognized from media reports as Somchai, and that he walked to the black car and spoke to someone inside as if familiar with them. After she walked a short distance further she heard a man shouting, Chawiwan said. When she turned around she saw a heavyset man with cropped hair in a black jacket, white t-shirt and trousers pushing the first man into the black car. The man, whom she had identified as Somchai, was struggling as the door was closed on him. After that another man from the black car went to the green car and the two vehicles drove away together, Ms Chawiwan said. She earlier identified the first accused, Pol Maj. Ngern, as resembling the person whom she saw pushing the lawyer into the car. However, in the court she refused to positively identify him.
5. On August 26, two further eyewitnesses who were together at the time of the incident addressed the court. Mr Adirek Yimvadee and Ms Kamonthip Promthavee both testified that they were also walking on Ramkhamhaeng Road on their way home when they saw two cars parked close together, the latter a dark vehicle. Ms Kamonthip said that she saw a small elder man with glasses talking to men in the latter car, while Mr Adirek said that he had not closely noted any of the persons. Both said that they had gone about 30 metres further when they heard a voice yelling “leave me” and looked back. Mr Adirek said that he saw some men pushing another into the car, while Ms Kamonthip said that she saw a big man holding the small man in a headlock, who was struggling while a second man helped to close the door on him. However, in court Mr Adirek reversed his original report to the police and said that he had only identified Mr Somchai because the police pressured him to do so. He also said that the police pressured him to identify Pol. Maj. Ngern from a photograph. He stated to the court that he had followed the police instructions because he was afraid of them, although he admitted to the court that he was also afraid of the defendants because they too are police. Ms Kamonthip maintained her original report that she had clearly seen Somchai, but she was not able to identify the defendants.
NEXT HEARINGS
On September 7 the court will hear from witness Mr Plean Eiamsam-Ang, Police Lieutenant Witawas Chengkum and Police Colonel Pakorn Kittiwiwat. Further witnesses for the public prosecutor will follow on September 8 and 9, 20 to 23 and October 4 and 5; joint prosecution witnesses and defence witnesses will be heard subsequently.
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 and UP-89-2005. 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)
