UPDATE (Thailand): Human rights lawyer still missing after nearly one year; Action needed today to have case transferred 

[RE: FA-06-2004: THAILAND: A human rights lawyer Mr. Somchai Neelaphaijit missing; UP-14-2004: THAILAND: Mr. Somchai Neelaphaijit is still missing and the police may be involved in his disappearance; UP-26-2004: THAILAND: 5 suspects in the alleged abduction of missing human rights lawyer Mr. Somchai Neelaphaijit bailed out]

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned that after nearly one year there has been no progress in finding out what happened to Thai human rights lawyer Mr Somchai Neelaphaijit. Five police allegedly pulled Somchai from his car on 12 March 2004. He has not been seen since. The five police are facing related criminal charges, but the AHRC is concerned that the charges against them do not fit the scale of the crime, and that powerful people in the police force and government may be acting to protect the accused. The five have denied the charges. Meanwhile, the case has remained in the hands of the police, who not surprisingly have failed to make any progress.

The AHRC has now been informed that the matter is again due to come before a committee for special cases, which has the power to transfer the case from the police to the Department of Special Investigation (DSI), which is under the Ministry of Justice. The committee will meet tomorrow, February 25. The Prime Minister, Dr Thaksin Shinawatra, and the Minister of Justice, Mr Pongthep Thepkanjana, head the committee.

It is very important that if any progress in uncovering the truth about what happened to Somchai is to be made the case be transferred out of the hands of the police to the DSI. However, that will not be the end of the matter. The DSI will also have to be strongly pressured to follow the case vigorously, as there are presumed to be senior figures in Thailand who do not want the case resolved.

The AHRC also notes that the Minister of Justice had earlier insisted that the case was already in the hands of the DSI, but this was found to be untrue. Attempts by Somchai’s wife, who is a co-plaintiff in the criminal case against the five police, to get the DSI take up the case have also so far failed. Therefore, the AHRC is concerned that there may be various ruses employed by the authorities to cover up the case and continue to deny effective action that will resolve the matter in the interests of Somchai’s family and the wider public good.

There has also been no effective action taken by the government in response to the detailed allegations of serious torture of his five clients that Somchai made prior to his disappearance. Attempts by other parties, including a Senate subcommittee, to find the police responsible for the alleged torture have so far been blocked.

We call on you to fax strong letters of protest and send emails today over the continued failure of the government of Thailand to address properly this very serious disappearance case. Please urge that the case must be transferred to the DSI without further delay, and it must be given the necessary resources to complete its inquiries quickly and effectively. A sample letter follows. Please also send letters by regular mail to coincide with the anniversary of Somchai’s disappearance, on March 12.

To see our previous appeals on the case please visit visit FA-06-2004, UP-14-2004 and UP-26-2004.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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BRIEF REMINDER OF THE CASE:

Mr. Somchai was last seen in Bang Kapi district on the night of 12 March 2004. His disappearance followed public statements made by him that five of his clients were severely tortured. Subsequently, five police officers from different parts of the force were identified as the alleged culprits of the removal of Mr Somchai from his car, and charged with two related criminal offences that fall far short of kidnapping or forced disappearance. Only if the body of Somchai is recovered can they be charged with more serious offences related to his murder.

On 5 August 2004, the Minister of Justice wrote to the AHRC that, “An ad hoc committee under the responsibility of the , the Ministry of Justice has been set up to work on information gathering, forensic evidence as well as other investigation for the case.” He also wrote that it had made “a lot of progress”. However, the AHRC has since found out that the DSI has not been given the case, and that there has been no apparent progress. Ms Angkana Wongrachain, the wife of the victim, on September 23 requested the DSI to take up the case, but was refused.

As the case has remained with the police there has been no progress. This is not surprising, as the police are themselves the alleged perpetrators of the crime. It is also presumed that the five officers alleged to have abducted Mr Somchai are being protected by powerful persons within the police force and the government, as they would have been acting on the orders of superiors, not autonomously.

SUGGESTED ACTION:

Please send a fax or email to the Minister for Justice of Thailand, Mr Ponthep Thepkanjana, today, February 24, asking that the committee established to handle special cases transfer the inquiry into the forced disappearance of Somchai to the DSI. Please also remind him that as yet no effective independent avenue exists for persons seeking to make complaints against police officers in Thailand, and no law exists to make forced disappearances illegal.

For those of you who cannot send a fax or email, please modify the letter [remove the third paragraph] and send it in observance with the anniversary of Somchai’s disappearance, March 12. There will be solidarity actions organised in Thailand and abroad, and your letters will contribute to these.

 

 

To support this case, please click here: SEND APPEAL LETTER