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Thai Pm Admits Government Officials Murdered Human Rights Lawyer


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Thai PM admits government officials murdered human rights lawyer

Last Updated Fri, 13 Jan 2006 18:24:17 EST

CBC News

Thai Prime Minister Thaksin Shinawatra says a missing Muslim human rights lawyer has been killed by government officials.

Thaksin says at least four officials were involved in the murder of Somchai Neelapaijit, who went missing in the Thai capital, Bangkok, in March 2004. "I know that Somchai is dead and more than four government officials were involved," he said.

The prime minister says Thailand's Department of Special Investigations is working on the case and murder charges are being considered. His comments come a day after a police officer was convicted and sentenced to three years prison over the lawyer's disappearance. :o

Four others were cleared of all charges by a criminal court.

Somchai 's body has never been found. He was killed after he publicly accused police of torturing four of his clients while in custody.

The clients, all Muslim men, were accused of belonging to regional extremist group, Jemaah Islamiyah, but were acquitted in June 2005.

Somchai's disappearance is frequently cited as one of the grievances against the Bangkok government in Muslim-majority southern Thailand.

with files from the Australian Broadcasting Corporation

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Thailand: P.M. Thaksin's Pledge of Justice for Disappearances Unfulfilled

14 Jan 2006 01:04:51 GMT

Source: Human Rights Watch

(New York, January 14, 2006) - In spite of the January 12 conviction of a Thai police officer for assaulting missing Muslim lawyer Somchai Neelapaijit, further investigations and prosecutions are urgently needed, Human Rights Watch said today. Somchai-chairman of Thailand's Muslim Lawyers Association and vice-chairman of the Human Rights Committee of the Law Society of Thailand-was pulled from his car in Bangkok on March 12, 2004, allegedly by five policemen, and never seen again. At the time Somchai was involved in a lawsuit alleging widespread police torture of Muslims in the south of the country, where a budding insurgency was taking place.

Five police officers were arrested and charged with assault. On January 12 Judge Suwit Pornpanich of the Central Criminal Court found Police Major Ngern Tongsuk guilty of physically assaulting Somchai and sentenced him to three years imprisonment. The other four accused police officers were acquitted due to insufficient evidence. The judge concluded that the assault led to his disappearance. He criticized the efforts of the prosecution and police in the case.

"It is absurd that a police officer has now been convicted of assault in a case in which the victim has disappeared and is presumed dead, but no one has been charged with a more serious offence," said Brad Adams, Asia director for Human Rights Watch. "It's past time for a serious and independent murder investigation. Given their involvement, the police cannot be trusted to find those who ordered and carried out this heinous crime."

On January 13, Prime Minister Thaksin Shinawatra publicly stated for the first time that government officials were involved in Somchai's abduction and killing: "The Department of Special Investigation is working on this case and murder charges are being considered. I know Somchai is dead, circumstantial evidence indicated that... and there were more than four government officials implicated by the investigation. Witnesses and evidence are still being collected, but that is not easy because this case involves government officials. I think the Department of Special Investigation will conclude the investigation in February."

"Prime Minister Thaksin's acknowledgement that government officials have been implicated in Somchai's death is welcome," said Adams. "But this has been obvious almost since the day Somchai went missing. The Prime Minister now needs to make sure some basic questions are answered, such as 'who ordered the killing?' 'who obstructed justice?' and 'what happened to Somchai?'"

Before his death, Somchai told his colleagues and family members that he had received threats since alleging police torture of suspects arrested for alleged participation in the attack on an army camp in Narathiwat on January 4, 2004. That attack started a new spate of violence which has now engulfed Thailand's southern border provinces.

On April 15, 2005, Somchai's wife, Angkhana Neelapaijit, submitted a formal complaint to the United Nations Working Group on Enforced or Involuntary Disappearances expressing disappointment that Thai authorities have failed to solve the case.

Human Rights Watch said that it is deeply concerned about the safety of Somchai's family and those working to find the truth in this case. Somchai's wife and lawyers representing her family told Human Rights Watch that they have been followed and threatened for many months. When Angkhana left the Central Criminal Court after Thursday's verdict, she found her lawyer's car, which had transported her to court, had been vandalized. Thai human rights defenders, involved in the trial observation, also reported that they received threatening phone calls while carrying out their work.

"Prime Minister Thaksin should publicly order an investigation into threats and intimidation of Somchai's family and supporters," said Adams. "Their safety is the responsibility of the authorities."

Human Rights Watch noted that despite many reported "disappearances" related to the Thai government's counter-insurgency operations in the southern border provinces, Somchai's case is the only instance that has led to a prosecution or has received significant public attention in Thailand and abroad. In the three southern border provinces, enforced disappearances of Muslims suspected of participating in the insurgency began a few days after Prime Minister Thaksin pressured police and soldiers to quickly arrest those responsible for the attack on the army camp in Narathiwat on January 4, 2004.

"As political pressure has been put on security forces to defeat the insurgents, the number of 'disappearances' and extrajudicial killings has spiked," said Adams. "The government has to address Somchai's case and other abuses in the south if it is to succeed in gaining public trust."

Human Rights Watch urged the creation of an independent agency to properly investigate allegations of crimes committed by government officials. Human Rights Watch also strongly urged Prime Minister Thaksin and the Thai authorities to take all necessary steps to stop the practice of enforced disappearances, including by making enforced disappearance a criminal offense. In addition, Thai authorities must ensure that all persons detained by the law enforcement and security forces are held at recognized places of detention, and are not subjected to torture or cruel, inhuman or degrading treatment. Their whereabouts must be made known to family and legal counsel.

HRW news

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Khaleej Times Online >> News >> OPINION

Thaksin and the king: Lessons from Thailand

BY PHILIP BOWRING

15 January 2006

THERE is a struggle going on for the soul of Thai democracy, one that has implications for Thailand’s Asian neighbours. On the one hand, there is a populist, authoritarian model of democracy well known in Southeast Asia in which personal power counts for more than institutions and where political and economic power are closely intertwined. This is represented by Prime Minister, and erstwhile telecom tycoon, Thaksin Shinawatra.

On the other, there is a democracy rooted in liberal ideas, focused on rights and institutional checks and balances against corruption and abuse of power. In the Thai case, by far the most important balancing institution is the monarchy, un-elected but revered. This struggle has been the backdrop for Thai politics ever since Thaksin came to power five years ago, having forged, through skill and money, a dominant party, the Thai Rak Thai, in place of the unstable coalitions that had characterised Thai politics since the mid-1980s.

TRT’s re-election by a landslide in the immediate aftermath of the tsunami both strengthened his own autocratic tendencies and the concerns of a Bangkok elite that had hitherto supported or tolerated Thaksin’s mix of activist, growth-oriented government; populist spending and debt-relief policies aimed at the rural majority; and state-endowed favours for family, party and business cronies. The struggle has leapt from background to foreground in recent weeks thanks to a piece of political theater initiated by media entrepreneur Sondhi Limthongkul (publisher, among other things, of Thai Day, which is distributed with the International Herald Tribune in Thailand).

Sondhi and his media had turned from supporters to increasingly outspoken critics of Thaksin over the course of a year. This became too much for the intolerant Thaksin, who through various pressures, had reduced much of the media to subservience. Taking his cue from the way the courts are used to silence critics in Singapore, he launched libel suits against Sondhi, whose popular television programme was also taken off the air. Sondhi hit back by organising rallies that attracted increasingly large crowds.

Then last month, King Bhumibol Adulyadej took the occasion of his 78th birthday address to deliver a stern admonishment to his prime minister, telling him that criticism was useful and that no one, the king included, should be exempt from it.

Thaksin withdrew his libel actions. But Sondhi carried on his attacks with new allegations of large-scale corruption in government procurement. Corruption is nothing new, but academics as well as opposition politicians and businessmen suggest that it is on a larger scale and more centralised than before and has been boosted by spending on mega-projects like Bangkok’s new airport. The king’s intervention was a surprise, but it had been clear for a long time that the palace was concerned both about government corruption and cronyism and by Thaksin’s attempts to use his political dominance to erode royal prerogatives.

These two issues had come together in the effort of the government party to replace an audacious auditor-general, Jaruvan Maintaka, who had been digging into official malfeasance, by persuading the Constitutional Court to determine that her appointment had been technically flawed. The king failed to put his signature to her replacement, and she has remained in office. The palace had also been unhappy over Thaksin’s appointment of an acting supreme patriarch of the Buddhist sangha. It is galling for liberal democrats that regal power may be more effective than the institutional checks and balances built into Thailand’s 1997 Constitution.

Thaksin has had his wings clipped by the king, corruption allegations will stay on the front pages, the main opposition Democrat Party has regained appeal and TRT just might begin to fracture if there are insufficient funds to ensure the loyalty of faction heads. But Thaksin is likely to be around for at least another three years. His populist programmes, a stable economy and his high personal profile have so far sustained his support outside a now hostile Bangkok, and he may learn the wisdom of tolerance and the unacceptability of Marcos-style cronyism in a nation where business competition is fierce. As for Sondhi, many question his motives. He was always a controversial figure whose media ambitions more than once outran his resources, leaving unpaid bills in their wake. But he is a risk taker and highly articulate. He was the first to take the fight to Thaksin. Whatever his future, his role as catalyst at this important juncture in the evolution of Thai democracy is assured.

Philip Bowring writes a regular column in The International Herald Tribune

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  • 5 years later...

Khaleej Times Online >> News >> OPINION

Thaksin and the king: Lessons from Thailand

BY PHILIP BOWRING

15 January 2006

THERE is a struggle going on for the soul of Thai democracy, one that has implications for Thailand's Asian neighbours. On the one hand, there is a populist, authoritarian model of democracy well known in Southeast Asia in which personal power counts for more than institutions and where political and economic power are closely intertwined. This is represented by Prime Minister, and erstwhile telecom tycoon, Thaksin Shinawatra.

On the other, there is a democracy rooted in liberal ideas, focused on rights and institutional checks and balances against corruption and abuse of power. In the Thai case, by far the most important balancing institution is the monarchy, un-elected but revered. This struggle has been the backdrop for Thai politics ever since Thaksin came to power five years ago, having forged, through skill and money, a dominant party, the Thai Rak Thai, in place of the unstable coalitions that had characterised Thai politics since the mid-1980s.

TRT's re-election by a landslide in the immediate aftermath of the tsunami both strengthened his own autocratic tendencies and the concerns of a Bangkok elite that had hitherto supported or tolerated Thaksin's mix of activist, growth-oriented government; populist spending and debt-relief policies aimed at the rural majority; and state-endowed favours for family, party and business cronies. The struggle has leapt from background to foreground in recent weeks thanks to a piece of political theater initiated by media entrepreneur Sondhi Limthongkul (publisher, among other things, of Thai Day, which is distributed with the International Herald Tribune in Thailand).

Sondhi and his media had turned from supporters to increasingly outspoken critics of Thaksin over the course of a year. This became too much for the intolerant Thaksin, who through various pressures, had reduced much of the media to subservience. Taking his cue from the way the courts are used to silence critics in Singapore, he launched libel suits against Sondhi, whose popular television programme was also taken off the air. Sondhi hit back by organising rallies that attracted increasingly large crowds.

Then last month, King Bhumibol Adulyadej took the occasion of his 78th birthday address to deliver a stern admonishment to his prime minister, telling him that criticism was useful and that no one, the king included, should be exempt from it.

Thaksin withdrew his libel actions. But Sondhi carried on his attacks with new allegations of large-scale corruption in government procurement. Corruption is nothing new, but academics as well as opposition politicians and businessmen suggest that it is on a larger scale and more centralised than before and has been boosted by spending on mega-projects like Bangkok's new airport. The king's intervention was a surprise, but it had been clear for a long time that the palace was concerned both about government corruption and cronyism and by Thaksin's attempts to use his political dominance to erode royal prerogatives.

These two issues had come together in the effort of the government party to replace an audacious auditor-general, Jaruvan Maintaka, who had been digging into official malfeasance, by persuading the Constitutional Court to determine that her appointment had been technically flawed. The king failed to put his signature to her replacement, and she has remained in office. The palace had also been unhappy over Thaksin's appointment of an acting supreme patriarch of the Buddhist sangha. It is galling for liberal democrats that regal power may be more effective than the institutional checks and balances built into Thailand's 1997 Constitution.

Thaksin has had his wings clipped by the king, corruption allegations will stay on the front pages, the main opposition Democrat Party has regained appeal and TRT just might begin to fracture if there are insufficient funds to ensure the loyalty of faction heads. But Thaksin is likely to be around for at least another three years. His populist programmes, a stable economy and his high personal profile have so far sustained his support outside a now hostile Bangkok, and he may learn the wisdom of tolerance and the unacceptability of Marcos-style cronyism in a nation where business competition is fierce. As for Sondhi, many question his motives. He was always a controversial figure whose media ambitions more than once outran his resources, leaving unpaid bills in their wake. But he is a risk taker and highly articulate. He was the first to take the fight to Thaksin. Whatever his future, his role as catalyst at this important juncture in the evolution of Thai democracy is assured.

Philip Bowring writes a regular column in The International Herald Tribune

A very interesting read in hindsight.

How were things perceived in several quarters 7 months pre-coup.

Edited by animatic
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interesting reading, but posted over 5 years ago and not a word in it about murdered Somchai.

many more murdered since then by the government officials, not many of those murders were admitted, mostly it's the old style denial

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interesting reading, but posted over 5 years ago and not a word in it about murdered Somchai.

many more murdered since then by the government officials, not many of those murders were admitted, mostly it's the old style denial

More yes, many more, don't know. IMHO the numbers have decreased significantly over the last few years. Remember k. Somchai 'disappeared' March 2004, Krue Sae Mosque Incident April 2004, Tak Bai October 2004, War on Drugs 2003 - 2004.

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interesting reading, but posted over 5 years ago and not a word in it about murdered Somchai.

many more murdered since then by the government officials, not many of those murders were admitted, mostly it's the old style denial

More yes, many more, don't know. IMHO the numbers have decreased significantly over the last few years. Remember k. Somchai 'disappeared' March 2004, Krue Sae Mosque Incident April 2004, Tak Bai October 2004, War on Drugs 2003 - 2004.

I see you conveniently choose to omit April/may last year from your post where the current government oversaw mass murder on the streets of Bangkok committed by the Thai army

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interesting reading, but posted over 5 years ago and not a word in it about murdered Somchai.

many more murdered since then by the government officials, not many of those murders were admitted, mostly it's the old style denial

More yes, many more, don't know. IMHO the numbers have decreased significantly over the last few years. Remember k. Somchai 'disappeared' March 2004, Krue Sae Mosque Incident April 2004, Tak Bai October 2004, War on Drugs 2003 - 2004.

I see you conveniently choose to omit April/may last year from your post where the current government oversaw mass murder on the streets of Bangkok committed by the Thai army

You conveniently forget that the government did not 'oversee mass murder committed by the Thai army'. When the Army started to disperse protesters on April 10th they found themselves in a situation where it was necessary to 'exchange gunfire' with unarmed protesters who also just happened to like to lob grenades on anyone non-red-shirt. Till the final clean-up the death toll was 91 including 10 - 15 police / army / innocent bystanders, apart from the red-shirts. Regrettable? Yes. Mass-murder? No. Maybe look at recent events in Libya for a better example.

We had this discussion before, we did not agree then, we will not agree now.

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