Thailand: Verdict in the trial in Mr. Somchai's enforced disappearance

New Information - THA 001 / 0106 / OBS 005

Sentencing / Enforced disappearance
Thailand
January 16, 2006


The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in Thailand.

New Information:

The Observatory has been informed by Union for Civil Liberty about the prosecution of the five policemen who were indicted in the enforced disappearance of Mr. Somchai Neelaphaijit, Chair of the Muslim Lawyers Association and Vice-Chair of the Human Rights Committee of the Lawyers Association of Thailand, on March 12, 2004.

According to the information received, on January 12, 2006, Mr. Ngern Tongsuk, one of the five police defendants in the case of Mr. Somchai Neelaphaijit, was sentenced to three years imprisonment by the Criminal Court of Bangkok. The Court acquitted the four other defendants due to lack of evidence.

Mr. Ngern Tongsuk was found of having forced Mr. Somchai into a car on the night of March 12, 2004, and convicted of “physically forcing another person into submission” (coercion) under section 309 of the Penal Code. Two eyewitnesses identified only Mr. Ngern Tongsuk from among a group of men they saw forcing Mr. Somchai into a vehicle.

The five police officers were accused of offences of “gang-robbery” and “physically forcing another person into submission”. Such charges did not reflect the gravity of the crime of disappearance, which is not a criminal offence under the Thai criminal law.

Many doubts have risen about the effectiveness of the investigation and the propriety of the police force investigating its own members. The insufficient evidence in this case is clearly due to a weak investigation. Neither does the judgment clarify the whereabouts of Mr. Somchai, nor does it determine why he was abducted.

Background Information:

Mr. Somchai Neelpahaijit was notably the representative of five men detained in February 2004 on charge of undermining the national security in relation to the deteriorating situation in Southern Thailand. Mr. Somchai had sought a Court order for the five men to receive a physical examination for effects of torture and obtained their release in May 2004.

Days before his disappearance, he was told he was on a “terrorist blacklist” maintained by security forces. This suggests that he may have been targeted for his efforts to peacefully advocate against violations of the rights of Muslims in Southern Thailand.

Following international and domestic outcry over government inaction in connection with Mr. Somchai’s disappearance, five policemen were eventually indicted in June 2004. The trial began in August 2005.

Actions required:

Please write to the authorities of Thailand urging them to:
i. Reopen the investigation into the disappearance of Mr. Somchai end ensure that the new investigation is conducted in a fair and impartial manner that is capable of a) establishing the facts as to his fate and whereabouts and b) leading to the effective prosecution of all guilty parties;

ii. Ensure that the Parliament makes enforced disappearance a specific offence under the Thai Criminal Law in conformity with the UN Declaration on the Protection of all Persons from Enforced Disappearance as well as with the Draft International Convention for the Protection of all Persons from Enforced Disappearance;

iii. 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 in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”;

iv. 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:

• Ambassador Mr. Chaiyong Satjipanon, Permanent Mission of Thailand to the United Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva, Switzerland, Tel: + 41 22 715 10 10; Fax: + 41 22 715 10 00 / 10 02; Email: mission.thailand@ties.itu.int
  
  
• Dr. Thaksin Shinawatra, Prime Minister of Thailand, Email: prforeign@prd.go.th

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Geneva-Paris, January 16, 2006

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