GUEST COLUMN
Ten years on, another cover-up in Somchai's disappearance
Phil Robertson

BANGKOK: -- The Thai government needs to account for missing documents in the case of the enforced disappearance and presumed murder of a prominent Muslim human rights lawyer nearly a decade ago, Human Rights Watch said today. On March 12, 2004, Somchai Neelapaijit was pulled from his car in Bangkok, allegedly by five police officers, and never seen again. No body was ever recovered.

On Thursday, the Justice Ministry's Department of Special Investigation (DSI) told reporters that Somchai's case files went missing after anti-government protesters broke into DSI headquarters and destroyed one of the file cabinets. No other cases stored in the same maximum security zone were damaged or stolen, the department said. Somchai's family told Human Rights Watch they feared that the DSI would use this as an excuse to stop the investigation, an outcome the family said officials told them was likely.

Leaders of the protest told Human Rights Watch that none of their supporters had entered the file storage room and stolen Somchai's case files. They said they believed the files implicated police officers linked to their opponent, former prime minister Thaksin Shinawatra.

"Successive Thai governments have engaged in cover-ups to hide the identities of those responsible for Somchai's abduction and feared murder," said Brad Adams, Asia director at Human Rights Watch. "Suddenly the government is claiming that the files were stolen, a convenient excuse for the authorities to close Somchai's case and let those responsible off the hook for justice."

At the time of his enforced disappearance, Somchai was involved in a lawsuit alleging widespread police torture of Muslim suspects in the insurgency-ridden southern border provinces.

On January 13, 2006, then-prime minister Thaksin Shinawatra announced that government officials were involved in Somchai's abduction and killing: "The DSI 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." He said that collecting evidence and witnesses was "not easy because this case involves government officials".

Over the past nearly 10 years, six premiers - including the current Prime Minister Yingluck Shinawatra, Thaksin's sister - have failed to press the DSI to investigate the case in anticipation of criminal prosecutions of those responsible. In April 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 had failed to produce information on Somchai's fate or whereabouts.

In a March 2007 report, "It Was Like Suddenly My Son No Longer Existed", Human Rights Watch documented 22 cases of enforced disappearance that strongly implicated the Thai police and military. In none of these cases has there been a successful criminal prosecution of the perpetrators.

Human Rights Watch urged Thai authorities to take all necessary steps to stop the practice of enforced disappearances, including by making enforced disappearance a criminal offence.

In a much-publicised attempt to demonstrate its commitment to human rights and the rule of law, the Yingluck government on January 9, 2012, signed the International Convention for the Protection of All Persons from Enforced Disappearance, but has yet to take steps towards ratification. The Thai penal code still does not recognise enforced disappearance as a criminal offence.

"Somchai's 'disappearance' reflects glaring problems of state-sponsored abuses and the culture of impunity in Thailand," Adams said. "Prime Minister Yingluck needs to demonstrate political courage by pressing the Justice Ministry to at last bring the perpetrators to justice."

Phil Robertson is deputy director of Human Rights Watch's Asia division.


-- The Nation 2013-12-18

Though it's true that these things weren't as 'colour coded' back in 2004 (for instance, the war on drugs involved people on both sides now) - I'd be surprised if the protesters had anything to do with disappearence of these files. From what I've heard, though Abhisit's govt didn't do much about this case either, the people directly involved are definitely people 'with' Thaksin. Rumour has it, he was killed because he was believed to be delivering money to the insurgents, which is probably not true. But we know how Thaksin acted. I'm not saying he ordered it, but it's not like he ever showed much concern for the rule of law.

How convenient, the protestors knew exactly which file cabinet to destroy !

Maybe it had an arrow and a ' this one ' sign above it.

Whoa! That was an eye-opener. Unfortunately, it is probably one of thousands of such cases. As the article said "(this) reflects glaring problems of state-sponsored abuses and the culture of impunity in Thailand".

And some people write me and ask why I don't take sides.

And that's not all there's Shipping moo and how many others that have been prepared to speak out against the man in Dubai that have disappeared and have never been seen again ?

Enforced disappearance may not be part of the Thai penal code but surely kidnapping & murder are. Pretty inane comment about Mark by the poster above. In the interests of fairness why not name all 6 PMs who failed to do anything about it?

Another death under the Thaksin regime that the DSI did nothing about. Well done!

Enforced disappearance may not be part of the Thai penal code but surely kidnapping & murder are. Pretty inane comment about Mark by the poster above. In the interests of fairness why not name all 6 PMs who failed to do anything about it?

Well in fairness, half of them weren't in office long enough to deal with it

Another death under the Thaksin regime that the DSI did nothing about. Well done!

You didn't see Abhisit digging into this did you? Neither side cares about Mr Somchai. The authorities are just using this moment to do a little housecleaning.

"Suddenly the government is claiming that the files were stolen, a convenient excuse for the authorities to close Somchai's case and let those responsible off the hook for justice."

How wonderfully convenient ! Terrible protesters losing this file. And, no doubt some more lost files will become apparent

Of course Yingluck, when reviewing priorities for the DSI with their crusading crime fighting boss, would have given this appropriate priority - especially as it seemed to link back to her caddy.

Almost as convenient as that landslip that enabled the bailed major to disappear no doubt to emerge re-incarnated into a better life somewhere else.

How convenient, the protestors knew exactly which file cabinet to destroy !

Maybe it had an arrow and a ' this one ' sign above it.

Just remember that these protesters were/are Suthep's followers... a very large stronghold of Suthep's - in the SOUTH.... Suthep had been implicated (by rumors only unfortunately...) of some of the vast misdealings of stolen diesel or other fuels from offshore in the past. Somchai was against (re: environmental issues) some of the oil companies ideas involving construction of generating plants, pipelines, and ports. Could very well have been someone way above Thaksin when the black gold is involved...

The Thai police force is the cause of most problems here in Thailand. Even worse, they are under the control of 1 family.

How convenient, the protestors knew exactly which file cabinet to destroy !

Maybe it had an arrow and a ' this one ' sign above it.

Just remember that these protesters were/are Suthep's followers... a very large stronghold of Suthep's - in the SOUTH.... Suthep had been implicated (by rumors only unfortunately...) of some of the vast misdealings of stolen diesel or other fuels from offshore in the past. Somchai was against (re: environmental issues) some of the oil companies ideas involving construction of generating plants, pipelines, and ports. Could very well have been someone way above Thaksin when the black gold is involved...

What a load of cobblers - nothing but conspiracy with a futile effort to include the current object of hate - Suthep - and the inference to someone 'above Thaksin'.

It's plainly an attempt to put Somchai's kidnapping to 'rest' and allow the BIB involved to gain more promotions. He is not the first and unfortunately won't be the last individual eliminated for pointing out the BIB's illegal methods.

...blame it on 'the other guys'......

....there is never a straight line or straight action EVER followed by this government...

From: Asian Human Rights Commision

THAILAND: Somchai Neelaphaijit -- One man, four disappearance

http://www.humanrights.asia/news/ahrc-news/AHRC-STM-242-2013

Khun Tarit must have read Saul Alinsky's 'Rules for Radicals'

"Never allow a crisis go to waste" - Saul Alinsky

http://obamacrisis.wordpress.com/tag/saul-alinsky/

Enforced disappearance may not be part of the Thai penal code but surely kidnapping & murder are. Pretty inane comment about Mark by the poster above. In the interests of fairness why not name all 6 PMs who failed to do anything about it?

Because it is obvious why Thaksin linked PMs would not do anything about it. Mark (presumably) had no personal stake in the matter and could have pressed for the investigation to be expedited.

"On Thursday, the Justice Ministry's Department of Special Investigation (DSI) told reporters that Somchai's case files went missing after anti-government protesters broke into DSI headquarters and destroyed one of the file cabinets. No other cases stored in the same maximum security zone were damaged or stolen, the department said."

What sort of a idiot expects any one to believe this BS? Corrupt and stupid, can PT and the DSI sink any lower in their attempts to protect the DL?

A profanity post has been removed as well as the replies.

Edit to add: A trolling post has been removed as well as the replies. Apologies to those that replied to the troll.