Disappearance of Mr. Porlagee “Billy” Rakchongcharoen, a well-known ethnic Karen community leader and environmental rights defender

Thailand

May 5, 2014

The Observatory for the Protection of HumanRights Defenders, a joint programme of the International Federation for HumanRights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the followingsituation in Thailand.

Description of the situation:

The Observatory has been informed by reliablesources about the disappearance of Mr. Porlagee Rakchongcharoen, alsoknown as ‘Billy’. Billy is a well-known ethnicKaren community leader and environmental rights defender. He has been activein promoting and protect the rights of the about 500 Karen villagers in the Kaengkrachan National Park in Petchaburi province. Hiscampaigns have focused on the preservation of forest land and the villagers’traditional way of life.

According tothe information received, Mr. Porlagee“Billy” Rakchongcharoen waslast seen on April 17, 2014, when authorities from the KaengkrachanNational Park detained him while he was traveling from Bangkloybon village inKaengkrachan National Park to another location in the Kaengkrachan district.Billy was expected to meet with his fellow villagers and activists to preparefor an upcoming court hearing. In 2012, the villagers filed a lawsuit againstthe Ministry of Natural Resources and Environment’s National Park, the Wildlifeand Plant Conservation Department, and the Head of Kaengkrachan National Park,Wildlife and Plant Conservation Office with the Central Administrative Court.The lawsuit alleged that park authorities destroyed houses and propertybelonging to more than 20 ethnic Karen families in Bangkloybon village in July2011, during an operation to tackle encroachment on forest land.

Parkauthorities claimed they detained Billy for possessing a wild honeycomb and sixbottles of wild honey but released him after giving a warning later the sameday.

On April 24,2014, Billy’s wife, Ms. Pinapa Pruksapan, filed a petition to the PetchaburiProvincial Court to request an urgent investigation into Billy’s disappearance.

On April 30,the Petchaburi Provincial Court summoned Kaengkrachan National Park ChiefChaiwat Limlikitaksorn and Head of Park Conservation Unit 6 Kasem Lue-rit for questioningin connection with Billy’s disappearance. On that day, park authoritiesdeclared three people witnessed the release of Billy on April 17. The courtsubsequently ordered the authorities to question the three witnesses andinvestigate Billy's disappearance.

TheObservatory fears that Billy’s disappearance may be related to his activitiesfor the promotion and protection of the rights of Karen communities in the area, and calls upon the authorities of Thailand totake prompt action in order to disclose his whereabouts and to guarantee in allcircumstances his physical and psychological integrity.

Actions requested:

Please writeto the authorities of Thailand asking them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Porlagee “Billy” Rakchongcharoen as well as all human rights defenders in Thailand;

2. Take prompt action in order to disclose the whereabouts of Mr. Porlagee “Billy” Rakchongcharoen;

3. Order an immediate, thorough, effective and impartial investigation into the above-mentioned facts, the result of which must be made public, in order to identify all those responsible, bring them before a competent and impartial civil tribunal and apply to them the penal sanctions provided by the law;

4. Put an end to all acts of harassment, including at the judicial level, against them as well as against all human rights defenders in Thailand and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance or fear of reprisals;

5. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:

-its Article 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”, and

-Article 12.2, which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”;

6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Thailand.

Addresses:

· Ms. Yingluck Shinawatra, PrimeMinister, c/o Government House, Pitsanulok Road, Dusit District, Bangkok 10300,THAILAND, Fax: +66 2 288 4000 ext. 4025

· Mr. Jarupong Ruangsuwan, Minister ofInterior, Office of the Ministry of Interior, Atsadang Road, RatchabophitPranakorn, Bangkok 10200, THAILAND, Fax: +66 2 226 4371/ 222 8866, E-mail: om@moi.go.th

· Mr. Pracha Promnok, Minister ofJustice, Office of the Ministry of Justice, Ministry of Justice Building, 22ndFloor Software Park Building, Chaeng Wattana Road, Pakkred Nonthaburi 11120,THAILAND, Fax: +662 502 6699/ 6734 / 6884, E-mail: om@moj.go.th

· Mr. Surapong Tovichakchaikul,Minister of Foreign Affairs, Office of the Minister of Foreign Affairs, 443 SriAyudhya Road, Bangkok 10400, THAILAND, Fax: +662 643 5318, E-mail: om@mof.go.th

· National Human Rights Commission ofThailand, 422 Phya Thai Road, Pathumwan, Bangkok 10300, THAILAND, Fax: +622 2192940

· Attorney General, Office of theAttorney General, Lukmuang Building, Nahuppei Road, Prabraromrachawang,Pranakorn, Bangkok 10200, THAILAND, Fax: +662 224 0162 / 1448 / 221 0858, ag@ago.go.th;oag@ago.go.th

· Commissioner General, Royal ThaiPolice, 1st Building, 7th Floor, Rama I, Pathumwan, Bangkok 10330, THAILAND,Fax: +662 251 5956 / 205 3738 / 255 1975-8; feedback@police.go.th

· Permanent Mission of Thailand to theUnited Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva, Switzerland, Fax:+ 41 22 715 10 00 / 10 02; Email: mission.thailand@ties.itu.int

· Embassy of Thailand in Brussels, 2Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Fax: + 32 2 .648.30.66. Email: thaibxl@pophost.eunet.be

Please also write to the diplomatic mission or embassy of Thailand in yourrespective country

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Paris-Geneva, May 5, 2014

Kindly inform us of any action undertaken quoting the code of this appeal inyour reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of humanrights defenders and aims to offer them concrete support in their time of need.The Observatory was the winner of the 1998 Human Rights Prize of the FrenchRepublic.

To contact the Observatory, call theemergency line:

• E-mail: Appeals@fidh-omct.org
  Tel and fax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29