Thailand
18.03.04
Urgent Interventions
Thailand: disappearance of Mr. Somchai Neelaphaijit
OPEN LETTER
To
Thaksin Shinawatra
Prime Minister of Thailand
Re: enforced disappearance of a human rights defender
Paris-Geneva, March 18, 2004
Dear Prime Minister,
The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organisation Against Torture (OMCT) and International Federation for Human Rights (FIDH), would like to express its concern over the disappearance of Mr. Somchai Neelaphaijit, a well known and respected civil rights defender in Thailand.
According to the information received from the Asian Human Rights Commission (AHRC), Mr. Somchai Neelaphaijitis, 53, chairman of the Muslim Lawyers Group and vice chairman of the Human Rights committee of the Law Society of Thailand, was taken from his car on March 12, 2004, after it was hit from behind. Mr. Somchai Neelaphaijitis has been missing ever since. He had reportedly told close friends of his that he was receiving threatening anonymous telephone calls and that he feared for his safety. He was informed in the most recent call that his name was being placed by security forces on the list of members of terrorists groups.
Mr. Somchai Neelaphaijitis has been actively defending human rights in the southern part of Thailand. He has namely collected 50 000 signatures to support the end of the martial law in that region, and has worked for the promotion of the rule of law and justice for Muslims suspected of terrorist activities and treason. He has also criticised state officials for excessive and unnecessary violence in law enforcement. These various activities have created tension between Mr. Somchai Neelaphaijitis and the security forces in the southern Thai provinces.
Although the Thai authorities have reportedly linked Mr. Somchai Neelaphaijitis’ disappearance with personal problems, local sources believe that it is in fact related to his human rights activities in Thailand.
The Observatory recalls that such cases have occurred before in Thailand, namely the disappearance 10 years ago of Mr. Thanong Bo Arn, a Trade Union leader. The Observatory urges the Thai authorities to undertake an independent investigation on this case and take prompt action in order to locate Mr. Somchai Neelaphaijitis, inform the public of his whereabouts and ensure his release. The Observatory therefore urges the Thai authorities to conform with article 12§2 of the Declaration on human rights defenders, adopted by the UN General Assembly on December 9, 1998, which states that “[t]he State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”. More generally, the Observatory urges the Thai authorities to respect fundamental freedoms provided for by international human rights standards.
In hope that you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
To
Thaksin Shinawatra
Prime Minister of Thailand
Re: enforced disappearance of a human rights defender
Paris-Geneva, March 18, 2004
Dear Prime Minister,
The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organisation Against Torture (OMCT) and International Federation for Human Rights (FIDH), would like to express its concern over the disappearance of Mr. Somchai Neelaphaijit, a well known and respected civil rights defender in Thailand.
According to the information received from the Asian Human Rights Commission (AHRC), Mr. Somchai Neelaphaijitis, 53, chairman of the Muslim Lawyers Group and vice chairman of the Human Rights committee of the Law Society of Thailand, was taken from his car on March 12, 2004, after it was hit from behind. Mr. Somchai Neelaphaijitis has been missing ever since. He had reportedly told close friends of his that he was receiving threatening anonymous telephone calls and that he feared for his safety. He was informed in the most recent call that his name was being placed by security forces on the list of members of terrorists groups.
Mr. Somchai Neelaphaijitis has been actively defending human rights in the southern part of Thailand. He has namely collected 50 000 signatures to support the end of the martial law in that region, and has worked for the promotion of the rule of law and justice for Muslims suspected of terrorist activities and treason. He has also criticised state officials for excessive and unnecessary violence in law enforcement. These various activities have created tension between Mr. Somchai Neelaphaijitis and the security forces in the southern Thai provinces.
Although the Thai authorities have reportedly linked Mr. Somchai Neelaphaijitis’ disappearance with personal problems, local sources believe that it is in fact related to his human rights activities in Thailand.
The Observatory recalls that such cases have occurred before in Thailand, namely the disappearance 10 years ago of Mr. Thanong Bo Arn, a Trade Union leader. The Observatory urges the Thai authorities to undertake an independent investigation on this case and take prompt action in order to locate Mr. Somchai Neelaphaijitis, inform the public of his whereabouts and ensure his release. The Observatory therefore urges the Thai authorities to conform with article 12§2 of the Declaration on human rights defenders, adopted by the UN General Assembly on December 9, 1998, which states that “[t]he State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”. More generally, the Observatory urges the Thai authorities to respect fundamental freedoms provided for by international human rights standards.
In hope that you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT