[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; UP-20-2005: THAILAND: Human rights lawyer still missing after nearly one year; Action needed today to have case transferred]
Dear friends,
Further to our last update on the case of the human rights lawyer Mr Somchai Neelaphaijit, who was abducted one year ago (UP-20-2005), the Asian Human Rights Commission (AHRC) is sorry to inform that the Minister of Justice of Thailand Mr Pongthep Thepkanjana has refused to have the case transferred to the Department of Special Investigation (DSI) under his ministry. This means that the police are still responsible for the investigation, even though it is the police who are accused of abducting Mr Somchai.
Through the Thai media the minister has given many confusing statements about the reason that the case has not been transferred to DSI. He has said that the police have already arrested five officers and charged them in connection with the disappearance. However, these men deny the charges and anyway the charges are less than the offence. Also, the body of Mr Somchai has not been found.
The minister has also said that no one lodged a complaint with the DSI to take up the case. In fact, the Law Society of Thailand and wife of Mr Somchai have appealed for the case to be taken by the DSI. The AHRC and Thai Working Group on Human Rights Defenders have also on a number of occasions requested the same.
Some reports are also giving information about efforts by powerful people in the government to cover-up the case. One source said that even if the case is transferred to the head of the DSI, the police officer in charge might try to protect the mastermind behind the forced disappearance of Mr Somchai. According to other reports, there are alleged to be records that one of the police accused of abducting Mr Somchai telephoned to a senior official in the Government House around the time of the event.
It is very important that if there is to be any progress in the case of Mr Somchai that the DSI be given authority over the case and the Minister of Justice take personal responsibility to obtain a satisfactory outcome. The different reasons given by the minister that the case has not been transferred have no credibility.
To see our previous appeals on this case please visit FA-06-2004, UP-14-2004, UP-26-2004 and UP-20-2005.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
SUGGESTED ACTION:
Saturday, March 12 is the first anniversary of Mr Somchai’s disappearance. The AHRC urges you to send letters to the Minister of Justice expressing outrage that the case has not been solved, and insisting that it be transferred from the police to the DSI.
We again give a sample letter below. Please mail, fax and email your letters. If you are in a city where there is a Thai diplomatic mission, please call the mission and take the letter in person.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr Pongthep,
RE: Refusal to transfer case of Mr Somchai Neelaphaijit to DSI
I am writing to express my strong disappointment that the case of missing human rights lawyer Mr Somchai Neelaphaijit has not been transferred to the Department of Special Investigation under your ministry.
According to the information I have received, you have expressed satisfaction with the way the case is being handled by the Royal Thai Police, as five officers have been charged in connection with his abduction. However, the charges they face do not match the gravity of the crime, and they have denied involvement.
Almost a year has passed and the case has not been solved. The body of Mr Somchai has not been found. Your government has not done what you had earlier committed to do, which was to take every necessary step to uncover the truth in this case. It can only be concluded from the circumstances that powerful people in the government and authorities in Thailand are obstructing justice and protecting the perpetrators for their own reasons.
I urge you to ensure that this case is transferred to the DSI and that it is given all resources necessary to solve it, so that the perpetrators may be held accountable. I also urge you to take full personal responsibility to ensure that the matter is solved. Your personal reputation rests on the body of Mr Somchai being recovered and the perpetrators brought fully to justice.
I would again remind you that at present there is no effective independent avenue for receiving and investigating complaints of serious abuses by the police in Thailand. I urge you to take steps to ensure that one be established. I also urge you to take steps to make forced disappearance illegal and subject to strong criminal sanctions.
Yours truly
—————————-
PLEASE SEND YOUR LETTERS TO:
Mr Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Fax: +662 502 6699/ 6734 / 6884
Email: phongthep@moj.go.th
PLEASE SEND COPIES TO:
1. Mr. Thaksin Shinawatra
Prime Minister
Government house,
Pitsanulok Road, Dusit District,
Bangkok 10300
THAILAND
Fax: +66 2 282 8631/ 280 1589/ 629 8213
Email: govspkman@mozart.inet.co.th
2. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
Email: commission@nhrc.or.th
3. Pol. Gen. Sombat Amonwiwat
Director-General
Department of Special Investigation
Ministry of Justice Building
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Fax: +66 2 913 7777
Email: dir.gen@sid.go.th
4. Mr. Diego Garcia-Sayan,
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org
5. Ms Hina Jilani
Special Representative of the Secretary General on human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
