International Jurists Condemn Thai Court Ruling On Lawyer Somchai's Abduction

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International jurists condemn court ruling on Somchai's abduction

By PRAVIT ROJANAPHRUK

THE NATION

Thailand needs a mechanism that can recognise enforced disappearance cases, such as that of human rights lawyer Somchai Neelapaijit who disappeared seven years ago, said Sheila Varadan, international legal adviser on Asia-Pacific at the International Commission of Jurists (ICJ).

Varadan said investigations in Thailand into cases of enforced disappearance are neither independent nor impartial, resulting in it becoming a tool of repression, silencing dissidents and inculcating fear and impunity. Varadan was speaking at a symposium to mark the seventh anniversary of the disappearance of Somchai.

She said the Appeal Court's action, which recently overturned the conviction of the one police officer held criminally responsible for Somchai's abduction, was "a deliberate act to remove the victim outside the legal process" and make Somchai disappear physically and legally.

"There's no body, there's so homicide... That's effectively what it means," she said, adding that the culprits are effectively immune from prosecution.

The ICJ is among the more vocal organisations calling on Thailand to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and to adopt a law criminalising enforced disappearance with penalties appropriate to the seriousness of the offence, something the government has yet to do. In Thailand, there are currently 54 outstanding cases of enforced disappearance.

Varadan also argued that the Appeal Court's ruling on March 11, which removed Somchai's wife Angkhana Neelapaijit and her family from being parties to the case, is tantamount to silencing the family of Somchai and Somchai himself. She said the ruling not only "rewarded the perpetrators" but also contravened the human rights principle wherein people have a right to take a case to the justice system.

She added that besides investigation failures at many levels, witnesses were also intimidated, resulting in the undermining of the rule of law, which was "cruel" to Somchai's family.

Angkhana, who is chairperson of the Justice for Peace Foundation, said she and her family were up against a very powerful institution, but she would try to convince the Supreme Court to accept the case.

Angkhana said she had been threatened on the phone several times recently. The Department of Special Investigation (DSI), which now employs some of the five police officers accused of being involved in the abduction, had refused to find out who was behind those phone calls. She also complained evidence like mobile phone records of the accused officers had been thrown out of court.

"The police institution is very strong, beyond anyone [desiring to] reform or scrutinise," she said, adding that the government had not been "sincere" in trying to solve Somchai's case.

Some other participants don't doubt someone, or some people even more powerful than the police institution may be in the background, but refused to name names for the record.

"The mastermind, the involved people behind [the disappearance], those people are untouchable," said ICJ director for Asia Pacific Programme Roger Normand.

Roger told the gathering that Somchai's case is important because he was a human rights defender with a rare conviction.

"Is it possible to have justice in a high-profile case involving state officials? Right now, the answer is very bad," Roger said, adding that this case is not yet over.

Netherlands Ambassador Tjaco Theo van den Hout, another speaker, said the ruling of the Appeal Court had "baffled" many observers and "added insult to injury" to the family, and urged people to fight impunity "wherever it shows its ugly face". Van den Hout said only when the government addresses the issue comprehensively will the abuse be brought to a halt.

Former National Human Rights Commissioner Sunee Chairoj said conditions in the three-southern-most provinces where Somchai represented several clients before the abduction had not improved and the public must unite to fight impunity.

At the beginning of the symposium, Somchai's last video record, taken a few days before the abduction, was played and in part he said about the deep South and its problems: "The government has never done anything and only tries to fool us..."

-- The Nation 2011-03-29

[rkidlad]

Foreigners (Tjaco Theo van den Hout) have no right to comment on this 'internal' issue. They must shut up and/or get the hell out.

How dare a foreigner stick up for the rights of humans in Thailand.

[REM]

so Suthep doesn't respect foreigners because he himself represents nothing respectable, and foreigners call out the government. Couldn't agree more with the first post. Another example of the ignorance of the elite here.

[Roger2]

Foreigners (Tjaco Theo van den Hout) have no right to comment on this 'internal' issue. They must shut up and/or get the hell out.

How dare a foreigner stick up for the rights of humans in Thailand.

I assume this post is said with tongue in cheek. If those with influence in Thailand will not stand up for human rights then outsiders will have to do it.

It is long passed the time when Thailand should have an independent judiciary and a proper functioning police force.

[Pi Sek]

But Thailand does have an independent judiciary. It's not their fault if they can only work within the bounds of the Law. They don't make the Law - people like Jatuporn and Suthep and their predecessors do. If Thais want the Law changed, then I'm sure their politicians will do it for them...

The police are a mess though, from top to bottom.

[truethailand]

Glad that was tongue in cheek I nearly rewrote war and peace

Edited March 29, 2011 by truethailand

[asiawatcher]

But... this is only one of the hundreds who hit the lime pits or go fishing - as the bait. It's just that the rest are not 'prominent' enough to rate a mention - if there is in fact - a missing persons bureau of investigations. Thailand is still very third world in most aspects, even its semi feudal mafia and so called 'police'.

[Cnxforever]

This case has disgusted me from the very beginning it has everything whats wrong with Thailand in it - conspiracy, nepotism, corruption, government above the law murderers running free.

I admire the family who has for so many years now tried to uncover the truth about this terrible crime committed by people who think the law does not apply to them and their masters behind them.

I know what I would have done already a long time ago if my father / spouse would have been abducted and murdered by these thugs - I would make it my life's mission to give them a dose of their own medicine - 'untouchable" - not in my vocabulary!

And Khun Sunee is right - the public must unite to fight impunity - and not only in the South!

Edited March 29, 2011 by Cnxforever

[dominique355]

This is about Human Rights. And Human Rights are rights all individuals have against the government, against the law enforcements agencies (police etc) and against the judiciary (Courts) and in some cases even against other individuals. No government has ever granted these rights voluntarily; people have to fight for them.

And that's exactly what we see here: a fight of an individual (Somchai Neelapaijit, resp. his widow) against the government, the police and the judiciary. All three have refused to recognize the most elementary human right of Somchai: the right of life!

It's a shame, what we see here happening right in front of our eyes. And nobody seems the give a rat's ass about it.