UPDATE (Thailand): Grave concern about change of principal judge in case of missing human rights lawyer Somchai Neelaphaijit 

[RE: FA-06-2004: THAILAND: A human rights lawyer Mr. Somchai Neelaphaijit missing… UP-20-2005: Human rights lawyer still missing after nearly one year; Action needed today to have case transferred; UP-24-2005: 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: Government commits to giving witness protection to missing lawyer’s family; UP-89-2005: Repeated failed commitment to assign Department of Special Investigation to Somchai case; UP-107-2005: Special call for observers to attend September 7, 8 & 9 court hearings over missing human rights lawyer Somchai Neelaphaijit… UP-116-2005: Third special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit; UP-118-2005: Fourth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit]
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UP-123-2005: THAILAND: Grave concern about change of principal judge in case of missing human rights lawyer Somchai Neelaphaijit

THAILAND: Disappearances; Attacks on human rights defenders; Impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned over the change in the principal judge presiding over the trial of five police officers in connection with the disappearance of prominent Thai human rights lawyer Somchai Neelaphaijit. The principal judge in the trial, Mr. Suwit Pornpanich, announced in the Bangkok Criminal Court on 21 October 2005 that he will no longer hear the case. At this stage, the circumstances surrounding the change in judge remain unclear to the AHRC.

Taking into consideration the manifest importance of the case, the complicated and lengthy trial proceedings, and the interests of justice, the AHRC is very much troubled by this development. If the judge is in fact changed, this will have grave effects on the outcome of the case and most likely frustrate the ends of obtaining justice through the court process. The AHRC has also obtained reliable advice that the changing of the judge at this stage in the trial proceedings is irregular and not normally done under the Thai legal system.

On Friday, October 21, the AHRC wrote to the permanent secretary of the Criminal Court and president of the Supreme Court to urge that the judge not be changed until the case is concluded, in support of a petition by the joint plaintiff in the case, Angkhana Neelaphaijit, the wife of the victim. We now urge you to do the same.

The trial continues next week and the AHRC will release a further update on the case next Monday.

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-118-2005 . A webpage compiling all information on the case will be made available shortly.  A recent press release has also detailed the facts and issues of this possible replacement of Judge Suwit: PL-62-2005.

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)

SUGGESTED LETTER:
Please send a letter to the Supreme Court President and the Permanent Secretary of the Criminal Court urging them to examine this issue in the interests of justice and fair trial.
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To support this case, please click here: SEND APPEAL LETTER