Enforced Disappearances A Blight On Thailand

[GungaDin]

Enforced disappearances a blight on Thailand

By The Nation

Published on August 30, 2008

Kingdom must strengthen laws and follow global norms to protect its people from this heinous crime

Today is the International Day of the Disappeared. To mark this important day, Thailand, which has a long list of disappeared persons, must take the most courageous step of ratifying the new UN Convention for the Protection of all Persons from Enforced Disappearance. The ratification would have a positive and long-term impact on the culture of impunity that currently surrounds disappearances. It would also serve as a preventive measure to stop this heinous crime from reoccurring. Thailand is a democracy, or so we claim, but we have yet to face the uglier side of our society - the forced disappearances that have been occurring throughout Thailand. The Working Group on Justice for Peace (WGJP) has compiled 90 cases of disappearances throughout Thailand, six of which took place last year. It is interesting to note that Kalasin, one of the poorest provinces in Thailand, has the highest number of reported cases of disappearances, violations of human rights and extrajudicial killings. The police force in the province systematically abuses its powers with impunity.

The latest and most blatant case of an enforced disappearance in Thailand occurred in February of this year in Khon Kaen, the gateway to the Indochina region. Kamol Laosophaphant, a well-to-do family man, disappeared from a police station in Khon Kaen as a result of his strong campaign against corruption within his community. Kamol knew it was dangerous to challenge the authorities and the alleged corruption in the province. Before his disappearance, he made repeated calls from the police station to confirm his location. The line was cut while he was making his final call to his family. His family hasn't heard from him since. Kamol's wife is afraid to leave her home out of concern for her safety.

Although Thailand ratified the UN Convention Against Torture last year, human-rights violations and torture during detention continue. Both security officials and the public need to be educated about the convention. The security apparatus has continued to use enforced disappearances as an instrument against suspected Malay-Muslim militants in Thailand's three southernmost provinces. Four cases were reported in 2007 in Yala's Bannang Sata district, according to WGJP. All of these cases involved military officers using force to drag people away from their homes in front of their wives and children.

Disappearances are also common in more remote parts of Thailand, such as certain areas in the North. Each year, hilltribes suffer at the hands of security forces. For instance, the Lahu hilltribes in Chiang Mai's Fang district reported 15 disappearances. Most of the cases occurred between 2003 and 2004, and the main perpetrators were said to have been members of paramilitary forces. There has not been any progress in these cases.

It is sad that authorities here have not treated enforced disappearances as heinous crimes. Although the Constitution and the penal code carry punishments for those who carry out enforced disappearances through random or other means, they contain no provisions to punish the perpetrators when a disappearance is the result of dark political forces at work. At the moment, the Office of the Attorney General and judges have recommended that Thailand go ahead with ratifying the Convention for the Protection of all Persons from Enforced Disappearance. The government should propose changes of existing laws or enact new legislation to accommodate the convention.

At the UN level, Thailand has a dark record when it comes to the issue of disappearances. The country has been noted for having made no progress in investigating its cases of disappearances since 1992. Other UN signatories that had a similarly poor record have since made progress. The fate of Thanong Po-arn, a labour leader during the 1992 Bloody May uprising, is still unknown 26 years later, not to mention that of Somchai Neelaphaijit, a Muslim human-rights lawyer, who disappeared in March, 2004. Repeated investigations have produced nothing tangible. The culprits are still walking free and enjoying their official status at police headquarters.

Each year, there are numerous cases of disappearances. So far, only Somchai's case was pursued at the court level. Other reports have not been considered. If Thailand wants to join the international community, which respects human rights and good governance, we need to ratify the new convention as soon as possible. If necessary, the country must enact new laws or amend existing ones to ensure compliance with international standards and norms.

http://nationmultimedia.com/2008/08/30/opi...on_30081939.php

[marshbags]

Enforced disappearances a blight on Thailand

By The Nation

Published on August 30, 2008

Kingdom must strengthen laws and follow global norms to protect its people from this heinous crime

Today is the International Day of the Disappeared. To mark this important day, Thailand, which has a long list of disappeared persons, must take the most courageous step of ratifying the new UN Convention for the Protection of all Persons from Enforced Disappearance. The ratification would have a positive and long-term impact on the culture of impunity that currently surrounds disappearances. It would also serve as a preventive measure to stop this heinous crime from reoccurring. Thailand is a democracy, or so we claim, but we have yet to face the uglier side of our society - the forced disappearances that have been occurring throughout Thailand. The Working Group on Justice for Peace (WGJP) has compiled 90 cases of disappearances throughout Thailand, six of which took place last year. It is interesting to note that Kalasin, one of the poorest provinces in Thailand, has the highest number of reported cases of disappearances, violations of human rights and extrajudicial killings. The police force in the province systematically abuses its powers with impunity.

The latest and most blatant case of an enforced disappearance in Thailand occurred in February of this year in Khon Kaen, the gateway to the Indochina region. Kamol Laosophaphant, a well-to-do family man, disappeared from a police station in Khon Kaen as a result of his strong campaign against corruption within his community. Kamol knew it was dangerous to challenge the authorities and the alleged corruption in the province. Before his disappearance, he made repeated calls from the police station to confirm his location. The line was cut while he was making his final call to his family. His family hasn't heard from him since. Kamol's wife is afraid to leave her home out of concern for her safety.

Although Thailand ratified the UN Convention Against Torture last year, human-rights violations and torture during detention continue. Both security officials and the public need to be educated about the convention. The security apparatus has continued to use enforced disappearances as an instrument against suspected Malay-Muslim militants in Thailand's three southernmost provinces. Four cases were reported in 2007 in Yala's Bannang Sata district, according to WGJP. All of these cases involved military officers using force to drag people away from their homes in front of their wives and children.

Disappearances are also common in more remote parts of Thailand, such as certain areas in the North. Each year, hilltribes suffer at the hands of security forces. For instance, the Lahu hilltribes in Chiang Mai's Fang district reported 15 disappearances. Most of the cases occurred between 2003 and 2004, and the main perpetrators were said to have been members of paramilitary forces. There has not been any progress in these cases.

It is sad that authorities here have not treated enforced disappearances as heinous crimes. Although the Constitution and the penal code carry punishments for those who carry out enforced disappearances through random or other means, they contain no provisions to punish the perpetrators when a disappearance is the result of dark political forces at work. At the moment, the Office of the Attorney General and judges have recommended that Thailand go ahead with ratifying the Convention for the Protection of all Persons from Enforced Disappearance. The government should propose changes of existing laws or enact new legislation to accommodate the convention.

At the UN level, Thailand has a dark record when it comes to the issue of disappearances. The country has been noted for having made no progress in investigating its cases of disappearances since 1992. Other UN signatories that had a similarly poor record have since made progress. The fate of Thanong Po-arn, a labour leader during the 1992 Bloody May uprising, is still unknown 26 years later, not to mention that of Somchai Neelaphaijit, a Muslim human-rights lawyer, who disappeared in March, 2004. Repeated investigations have produced nothing tangible. The culprits are still walking free and enjoying their official status at police headquarters.

Each year, there are numerous cases of disappearances. So far, only Somchai's case was pursued at the court level. Other reports have not been considered. If Thailand wants to join the international community, which respects human rights and good governance, we need to ratify the new convention as soon as possible. If necessary, the country must enact new laws or amend existing ones to ensure compliance with international standards and norms.

http://nationmultimedia.com/2008/08/30/opi...on_30081939.php

Thanks for posting this G.D. and further highlighting this very important and as of yet unaddressed humanitarian problem.

Sadly it isn,t taken seriously enough due to the reasons for why such enforced disappearances and the incriminating of the people within the **dishonest section of the Puyai / government who reap the unjust benefits via silencing, these courageous individuals who stood / stand up to the these evil self serving so called priviledged few of Thai society.

Sadly these days wealth alone, no matter that it is mostly via orrupt and dishonest means, seemingly affords such an obscene, phoney status.

( ** Unlike the true highly respected members of this elite band of citizens who have truly earned and deserve such recognition. )

Most are serving officials within the government, who are completely lacking in integrity and yet are seemingly allowed to go unchallenged in their dastardly murderous deeds and obhorrence.

All we can do as concerned individuals along with the various H. Rights organisations, is to keep such important issues in the pulblic eye by commendable actions like yours and all who care.

May the unfortunate victims be in a safe place, there families get justice and peace of mind and the evildoers along with their instigating paymasters, be brought to justice and receive their Bad Karma accordingly.

One day my fellow carers, one day

marshbags

Edited August 30, 2008 by marshbags

[LooseCannon]

"One day my fellow carers, one day"

I find it very hard to comprehend the type of mind that perpetrates these crimes.The moral corruption & contempt for fellow humans that is necessary to carry out these acts is incomprehensible.

Unbridled greed for power, money & the supreme arrogance of thinking that they are above the law.

Hopefully all the victims will not have paid the price for nothing & in 10, 20 or 30 years the perpetrators will be brought to justice. History shows that whilst many will escape, there are always some that will have their day in court.

From todays newspaper...

"A court in Argentina has sentenced two former generals from the 1976-1983 military dictatorship to life in prison, but allowed them to serve out their time under house arrest.

Former Tucuman governor and army general Antonio Bussi, 82, and former army general Luciano Menendez, 81, were convicted of kidnapping, torturing and murdering a senator on the day of the 1976 coup."

More than 30,000 were killed during Argentina's 'dirty war'. I would suggest that these 2 generals got off lightly considering the magnitude of their other crimes.

One thing for sure is that the 'wheels of justice' turn slowly in most Human Rights cases, but they do turn eventually, & like Argentina today, one day in Thailand, we see a parade of decrepit of old men, their power gone, their money useless, finally get their just desserts.

[marshbags]

REGIONAL PERSPECTIVE

Time to end culture of impunity around disappearances

By Kavi Chongkittavorn

The Nation

Published on September 1, 2008

What do Angkana Neelaphaijit, 52, Akharawin Laosophaphant, 25, and Somchai Chamee, 16, have in common? All three - who come from different generations, as well as varying economic, sociocultural, ethnic and religious backgrounds - lost their loved ones through forced disappearances by one unified group: state security forces.

Angkana lost her husband Somchai in March, 2004, while he was fighting for justice for a group of young Thai-Malays who were alleged to have been part of the separatist movement in the South. At the time, he was the light at the end of the tunnel for those in southern Thailand facing discrimination and arbitrary arrests. For them, he represented a tiny and solitary hope.

Over the past four years, Angkana has been exhausting all available means to bring the perpetrators to justice. Her efforts so far have proven futile. Her husband's killers are police officers who wanted to prevent Somchai from further exposing police torture of suspects in detention. They decided to shut him up forever. Those involved in the year-long investigation, including her, know exactly who the killers and their collaborators were. But the arms of the Thai justice system are too short to reach one of their own.

She has now transformed into a tough and persistent campaigner to stop forced disappearances in Thailand. The Working Group on Justice for Peace (WGJP), which she co-founded to help families and relatives of victims of forced disappearances, is campaigning for Thailand's ratification of the UN Convention for the Protection of all Persons from Enforced Disappearance. The government of Surayud Chulanont ratified the UN Convention Against Torture, recognising the urgent need to address the culture of impunity that enshrouds police detention.

At an event held to commemorate the International Day of the Disappeared over the weekend, Angkana was joined by Akharawin Laosophaphant, whose father Kamol disappeared from a police station in Khon Kaen in February of this year. As a well-to-do Thai-Chinese businessman, Kamol took on the rather unusual task of fighting police corruption, which brought deadly consequences. When Akharawin told me his father's story, his eyes were brimming with tears. Everything was still very fresh in his mind and he could not hold back them back.

His father's disappearance served as a baptism by fire for Akharawin. A few months ago, he was just a rich kid working for his brokerage company. Now, he has quit work and vows to concentrate on the campaign to end enforced disappearances in Thailand and to bring those policemen responsible for his father's disappearance, who he knows by name, to justice, no matter what it takes or how much time. He is also helping WGJP and members of other support groups to cope with their traumas and to fight injustice.

Akharawin's baby face and innocence were in great contrast with Somchai Chamee's saddened eyes and tanned face. As a 16-year-old teenager, he looks far too old for his age and he was not smiling. He was only 11 years old when his father, Meesai, was taken from his home by force in Chiang Rai in early 2003. It was a time of madness when the Thaksin government was embarking on its infamous "shoot-to-kill" anti-drug campaign that led to widespread extrajudicial killings throughout the country. After the first phase of the three-month campaign, more than 2,500 suspects were killed. There has been no explanation whatsoever until this day about what happened to him, not to mention the estimated 200-plus disappearances in the three southernmost provinces between 2003 and 2005.

As a member of the Lahu minority, the population of which is over 150,000, Somchai is not alone. Now, at 16, he has to take care of his mother and two sisters. In the past, dozens of his community members as well as other minority groups were forcefully dragged away from their homes without any explanation. The Thai authorities called them the "Thai-phukhao" people, which literally translated from the term hilltribes.

Sila Chahae, 30, is one of a fortunate few Lahu who managed to escape death and now lives to tell others of his plight. He was kept in a pit that measured four-by-four metres and was seven metres deep, along with seven other persons for one week without a toilet or access to water. Other minorities might have different horror stories to tell but one theme remained constant - they were made to suffer at the hands of state security forces.

Today, Sila is also helping the WGJP. He confessed that it is dangerous to talk to a journalist, but he also said that it is far more dangerous to stay silent and not tell others about what is happening in this country. As long as the powers-that-be in various uniforms continue to be intransigent, Angkana, Akharawin, Sila and others will fight on until justice is served.

Thailand is a country full of paradoxes and contradictions. Since 1932, the Thai people have constantly struggled to become a democratic country, and have gone through hellfire in the process. The authorities often reiterate that the country has a strong and rich legal tradition that dates back hundreds of years. But when it comes to protecting human rights and dealing head-on with this country's culture of impunity, political meddling often trumps any sense of righteousness.

How could one comprehend Thailand's administration of justice in which those who violate intellectual-property rights are punished more severely than those who violate human rights? To this day, nobody has been prosecuted for human-rights violations here. Somchai Neelaphaijit's disappearance is still the only case that has reached such a high level of scrutiny within the judicial process. Even at the highest level, nobody has been brought to justice. The country still does not have a law specifically relating to enforced disappearances.

It is about time that any one guilty of causing a forced disappearance be punished for this heinous crime, just as people are in the other 73 countries that have ratified the UN convention.

After joining the UN in 1946, Thailand has been inspired to be a good global citizen. In the ensuing six decades, we have ratified numerous UN conventions and protocols, especially those relating to international bills of rights. But somehow our moral judgement has lapsed along the long road of nation-building and democratic experiments. The implementation of rights has been greatly lacking and supplementary domestic laws are also hard to come by.

Internationally, Thailand has a bad reputation concerning its progress on reports of forced disappearances. For the past 16 years since it has filed its first disappearance case of Thanong Po-arn, the country has not made one iota of progress related to the 35 reported cases of disappearances, including Somchai's case. Domestically, hundreds of families and relatives still have not been able to have closure on the forced disappearances that occurred during the past atrocities, including the October 14, 1973 and October 6, 1976 student uprisings, the bloodshed in May 1992, and the hundreds of disappearances in Thailand's Northeast and South.

As our country stands today, all stakeholders, especially the politicians in power, should have enough confidence in their country to follow international and universal norms on human rights. Without respect for human rights, how can we can promote and protect human dignity, which is the main tenet of our Constitution?

Unquote

As*Edit to " your " country stands today ect. ect.

I,LL SECOND THAT

marshbags

Edited September 1, 2008 by marshbags

[rken]

We have a friend from Pai who disappeared. One week he came to visit and supposed to be on his way the following week and he never showed up. My wife (thai) originally thought the police had picked him up but he has not showed up at any of the police stations or hospitals. Now one month later not one of the thais even mentions him, its almost as if this is normal and its best not to ask to many questions. Puzzeling. I have stopped asking about him as no one seems to want to talk about it, its all very strange.

[GuestHouse]

Thailand has the dubious distinction of being in that select group of nations who's military have killed more of their own citizens than they have foreigners.

[GungaDin]

REGIONAL PERSPECTIVE

Time to end culture of impunity around disappearances

By Kavi Chongkittavorn

The Nation

Published on September 1, 2008

What do Angkana Neelaphaijit, 52, Akharawin Laosophaphant, 25, and Somchai Chamee, 16, have in common? All three - who come from different generations, as well as varying economic, sociocultural, ethnic and religious backgrounds - lost their loved ones through forced disappearances by one unified group: state security forces. etc. etc.

Marshbags,

thanks for posting that article.

Before I ever came to Thailand, I met survivors of a massacre by the Thai Navy.

They were 'boat people' from Vietnam, machine gunned, robbed, & left for dead.

At the time I didn't believe them.

I do now.

gd

[Wrong Turn]

Thanks for the OP, Gungadin.

I've never know about this.

[GungaDin]

Missing Person Case in Court

Yala Provincial Court has set Sept 18 as the date to hear a case against soldiers over the disappearance of a janitor.

A complaint was filed by his grief-stricken wife, who wants justice for her missing husband. The case is the first of its kind involving the disappearance of people in the three southernmost provinces to be heard by the court.

The Yala court issued a summons to the chief of the 41st ranger unit, telling him to be at the hearing on Sept 18.

On Aug 20, lawyers from the Human Rights and Development Foundation filed a petition over the disappearance of Ban Bang Lang school janitor Mayateng Maranor.

Mr Mayateng's wife, whose name was not disclosed, said in her testimony on the same day that her husband was detained and taken away by soldiers during a raid on their house on June 24.

A pickup truck, mobile phone and other assets were also seized on that day. Since then, Mr Mayateng's wife and two sons have had no information on his whereabouts, she said.

Taking legal action was the only option for the wife, who wants to know if her husband is still alive after being taken into custody. Life without the breadwinner has taken a financial and emotional toll on her family, she added.

Postman Uzman Za, 26, was also reported missing while doing his rounds in Yala's Muang district on July 14.

Mr Uzman's motorcycle and letter bag were later found in Muang district.

His relatives said Mr Uzman had been called in for questioning by a military unit several times. His family have not been told anything by authorities.

Five people had been reported missing between July and September in Yala, Pattani and Narathiwat.

[sassienie]

My wife disappeared over a year ago, problem is, she came back again.

[old wanderer]

For all of those that complain so loudly that somebody should do something, reading through the above....

Be cautions of what you wish for.