Sentencing / Enforced disappearance
New Information
THA 001 / 0106 / OBS 005
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
Geneva-Paris, January 16, 2006
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection
of Human Rights 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
French Republic.
To contact the Observatory, call the emergency line:
Email : Appeals fidh.omct.org
Tel et fax FIDH : + 33 1 43 55 20 11 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29
Fédération Internationale des Ligues des Droits de l’Homme
International Federation for Human Rights - FIDH
17, passage de la Main d’Or
75011 Paris - France
tel : ++ 33 1 43 55 25 18 / fax : ++ 33 1 43 55 18 80
www.fidh.org