THE OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS (FIDH-OMCT)
PRESS RELEASE
Paris - Geneva, January 9, 200* : The Observatory for the Protection
of Human Rights Defenders, a joint programme of the International
Federation for Human Rights (FIDH) and the World Organisation Against
Torture (OMCT), released today a mission report on Thailand entitled
/Somchai abduction trial : Justice granted or justice denied/ (1)
Mr. Somchai Neelpaphaijit, a Thai lawyer and human rights defender,
disappeared on March 12, 2004 (See Observatory Annual Report). Up to
now, his whereabouts remain unknown. Mr. Somchai, who was the Chair of
the Muslim Lawyers Association and the Vice-Chair of the Human Rights
Committee of the Lawyers Association of Thailand, 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, and
the judgment is expected to be handed down on January 12, 2006.
Nevertheless, the five men are only charged with “gang-robbery” of Mr.
Somchai’s car, watch, pen and mobile phone and “physically forcing
another person into submission”, charges that do not reflect the gravity
of the crime of disappearance.
From December 14 to 18, 2005, the Observatory sent a representative to
Bangkok to observe the hearings of the trial taking place that week. The
mission gave rise to the report issued today.
There is insufficient evidence in this case due to a weak investigation:
indeed, the police, including members of the same unit as the
defendants, were entrusted to investigate the crime scene. They
reportedly damaged important evidence.
The failure of Thailand to bring its police officers to account for
grave human rights abuses is widely seen as systematic. Mr. Somchai’s
trial testifies more generally to the existence of significant obstacles
in the proper implementation by Thailand of its international human
rights obligations.
As a consequence, the Observatory calls upon the Thai authorities to
ensure that the authors of Mr. Somchai’s disappearance be sanctioned as
provided by law and proportionally to the gravity of their crime.
Parliament should also ensure that enforced disappearance constitutes a
specific offence under 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.
Finally, the Observatory submits that the Thai authorities should fully
implement the recommendations issued in July 2005 by the UN Human Rights
Committee with regard to Thailand’s obligations under the International
Covenant on Civil and Political Rights. They should also fully abide by
the UN Declaration on Human Rights Defenders, adopted by the General
Assembly of the United Nations on December 9, 1998.
1. See http://www.omct.org/pdf/observatory/2006/report/thailande_obs_omct_437-2eng_090106.pdf and http://www.fidh.org/article.php3?id_article=2960
For more information, please contact: FIDH: 00 33 1 43 55 25 18 - OMCT:
00 41 22 809 49 39