Somchai's disappearance a stain on the country's conscience: Thai editorial

[webfact]

EDITORIAL
Somchai's disappearance a stain on the country's conscience
The Nation

Ten years after his abduction, the fate of the human rights lawyer remains unknown, proof that a culture of impunity still reigns in Thailand

BANGKOK: -- Ten years ago today, prominent Thai Muslim human rights lawyer Somchai Neelapaijit was abducted in the heart of Bangkok, allegedly by a group of five police officers.

No one has seen him since. He is presumed dead.

At the time of his abduction, Somchai was representing a group of men from the deep South who claimed they had been tortured by police officers.

Insurgency in the three southernmost provinces of Pattani, Yala and Narathiwat had just shifted into full swing at the time of Somchai's disappearance. He was the first person to raise the issue of torture by security officers and, unfortunately, he and his family paid dearly for it.

Losing Somchai was a great tragedy in more ways than one. Media, civil society organisations, the international community and his family have been working hard over the past decade to ensure that Somchai did not die in vain.

Events commemorating his life have been carried out in the days and weeks leading up to the 10th anniversary of his disappearance. A human rights award has been named after him.

The issue that Somchai touched upon - lawless behaviour of government security officials and the culture of impunity that permits it to occur - is a sad reflection on Thai society. Regrettably, many of us prefer to ignore it; discussion of it makes us uncomfortable about ourselves, our government and our society.

But if we cannot see the point that Somchai tried to raise and if we are not able to appreciate his sacrifice and how see his actions have helped improve the standing of our people, our society and our country, then we don't deserve to hold his memory in our hearts.

A culture of impunity still afflicts Thailand, especially in the highly contested and conflict-ridden southernmost provinces where a decade-old insurgency has claimed about 6,000 lives.

Unfortunately, our governments and officials don't seem to realise that it is in just such places as the deep South where Somchai's message matters most. Without justice and without a sense of fair play, the ongoing violence in the deep South will never be brought to an end.

Abduction, extra-judicial killings and torture continue to hamper any peace process governments try to put together.

As part of an effort to keep the issue alive, the International Commission of Jurists (ICJ) has just released a report titled "Ten Years Without Truth". Chronicling events after Somchai's disappearance, the report says they demonstrate "a lack of political will to resolve a case that remains emblematic of the culture of impunity in Thailand".

To say there has been a cover-up in the aftermath of Somchai's abduction would be an understatement. But this is Thailand and amazing things tend to happen in this Kingdom of ours - like Somchai's case file supposedly going missing after anti-government protesters broke into the Department of Special Investigation office last December. How convenient! But after a big uproar, the authorities said the file had been found.

Besides placing the blame on an anti-government mob, Mother Nature has also been pressed into service as a convenient excuse for the authorities. Police Major Ngern Thongsuk, one of the five officers accused of abducting Somchai, was sentenced in 2006 to three years in prison. He was later released on bail and went missing, supposedly in a mudslide in northern Thailand. As if that weren't painful enough for Somchai's family, a court in 2011 acquitted all five police officers because the evidence was supposedly inconclusive.

And, of course, there have been attempts to buy the silence of Somchai's family. All have been in vain. His wife, Angkhana, has said her dignity is not for sale.


-- The Nation 2014-03-12

[ChrisY1]

Rubbish.....no-one cares about his disappearance

[smutcakes]

You could exchange Somchai's name for any other person who has walked away from justice in Thailand- it would be a long list.

There are far more open and shut cases with less vested interest that have not been solved.

Just because he is a human rights lawyer does not make his life any more or less important than anyone else.

[borisloosebrain]

I do recall Thaksin having a lot to say in the weeks and months after Somchais' disappearance- his comments indicated that he either knew what had happened to Somchai or he was lying. Sadly the Thai media have never pursued the matter.

[zuluboyy]

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

[mrtoad]

The police need to SKYPE Dubai, as the DL is alleged to know a lot about this one.

[simple1]

You could exchange Somchai's name for any other person who has walked away from justice in Thailand- it would be a long list.

There are far more open and shut cases with less vested interest that have not been solved.

Just because he is a human rights lawyer does not make his life any more or less important than anyone else.

More than 30 human rights defenders and environmentalists have been killed in Thailand since 2001. I would guess the environmentalist murders were largely due to local political/business ramifications.

The disapparence (presumed murder) of the Muslim human rights lawyer does have a greater signifiance due to those murdered by security forces not being bought to account. One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces.

[mijan24]

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Rubbish.....no-one cares about his disappearance

You could exchange Somchai's name for any other person who has walked away from justice in Thailand- it would be a long list.

There are far more open and shut cases with less vested interest that have not been solved.

Just because he is a human rights lawyer does not make his life any more or less important than anyone else.

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

You are missing the point - of course there are many instances of cases with enough evidence to convict just being put aside and that is what makes it so bad and with the BiB involved you need to give some thought to your own well being - A clean up Thailand is far overdue and if you knew anything about crimehistory you would take your smug comments and be a little more sympathetic towards this poor souls family.

[worgeordie]

There are so many mystery crimes and criminal acts in Thailand,you hear about

them for a few days then, nothing,you cannot even be sure that influential people

who are caught and given prison time (does not happen often enough) are actually

in prison !,

Going back as far as who killed the 5 Saudis,in Bangkok, its very easy for the police

just to sweep crimes like this and many others under the carpet,as with Somchai it

is best that he is not forgotten,as history will just go on repeating its self.

regards Worgeordie

[WitawatWatawit]

The "who cares about this guy" attitude is disgusting. It would be great if many more such cases were being kept alive to keep the pressure on the police, but in the meantime we cannot let this particular issue die. Somchai's wife Angkhana and her children are very brave people and deserve our support.

[SOTIRIOS]

......if it's like a few of the posters suggest.......

....then this cancer that has afflicted Thailand has not gone away......

[empireboy]

Little sympathy seems to abound for such people... clearly he knew the risks of his job. Hope he got paid enough along the way to make his ultimate outcome worth it - doubt it somehow - Oh well, choose a safer career path if you get another chance

[simple1]

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

At the time of his disappearance the lawyer was investigating claims that up to 500 Thai Muslims had been tortured during detention. Thai English language media has also commented on the use of torture a number of times The majority of detainees are eventually released from custody due to insufficient evidence. The ownership of insufficient evidence resides with the incompetence or false accusations by some members of the RTP/Military.

Torture is banned under the Thai Constitution; so are you saying its OK for Thai security forces to undertake activities in breach of the Thai Constitution that they are sworn to protect? There is not a specific law in Thailand that supports compensation payment for torture, but the government has paid compensation to some of the tortured detainees (admission of guilt); the perpetuators have never been sentenced.

[stargas]

I do recall Thaksin having a lot to say in the weeks and months after Somchais' disappearance- his comments indicated that he either knew what had happened to Somchai or he was lying. Sadly the Thai media have never pursued the matter.

Thailand: Lawyer’s ‘Disappearance’ Unsolved 10 Years On

Shoddy Investigations, Cover Up Undermine Justice for Somchai Neelapaijit

March 11, 2014

Human Rights Watch

The Justice Ministry’s Department of Special Investigation (DSI) has failed in its responsibility to fully investigate the enforced disappearance.

On January 13, 2006, then-Prime Minister Thaksin Shinawatra made a crucial admission that government officials were involved in Somchai’s abduction and murder: “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.” Instead, the DSI has become instrumental in covering up the case.

http://www.hrw.org/news/2014/03/11/thailand-lawyer-s-disappearance-unsolved-10-years

[rogerdee123]

Rubbish.....no-one cares about his disappearance

Spoken like a true criminal.

[squarethecircle]

"One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces."

Same with recent terror attacks in China, Pakistan, and Kenya: all blamed on supposed mistreatment at the hands of authorities (by terrorists and their sympathizers). My point is: if they can't come up with another way to respond than murdering innocent people, then they are probably the right people being targeted. Once again we see so-called "human rights" groups being more concerned about terrorists/criminals than their victims.

[bigbamboo]

Rubbish.....no-one cares about his disappearance

You sound like a Goodfella.

Anyway, we will probably never know the truth. The only person who officially knew anything disappeared in a mysterious landslide and has never been seen again either.

Edited March 12, 2014 by bigbamboo

[WitawatWatawit]

Little sympathy seems to abound for such people... clearly he knew the risks of his job. Hope he got paid enough along the way to make his ultimate outcome worth it - doubt it somehow - Oh well, choose a safer career path if you get another chance

How on earth can you justify a comment like this? Sick. Somchai Neelapaijit was a brave man - he had a history of pursuing human rights cases. and you seem to think he was doing it for the money? Please look deep into your soul.

[geriatrickid]

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

Really? He is a possible murder victim, and there is a possible implication of the group that is supposed to uphold the law. That in itself demands that the case not be forgotten. If lawyers did not take on unpopular cases or refused to represent some people, the judicial system would fall apart. It is a fundamental obligation of society to protect lawyers like the missing and presumed dead Somchai otherwise society eventually loses its basic rights and freedoms. If he was murdered, is it right that his murderers escape justice? Someone knows what happened, and it is best if the truth comes out, even if it results in some unpleasant ramifications.

[rubl]

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

From the OP:

"Somchai was representing a group of men from the deep South who claimed they had been tortured by police officers"

[geriatrickid]

"One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces."

Same with recent terror attacks in China, Pakistan, and Kenya: all blamed on supposed mistreatment at the hands of authorities (by terrorists and their sympathizers). My point is: if they can't come up with another way to respond than murdering innocent people, then they are probably the right people being targeted. Once again we see so-called "human rights" groups being more concerned about terrorists/criminals than their victims.

The presumed deceased was not guilty of any crimes. He was doing his job, a job which indirectly impacts your own safety.

If Thailand is to be a nation without corruption and with a respect for the law, then it is necessary that this case not be forgotten. I'm not particularly comfortable with the circumstances of this case. Are you comfortable with the possibility of police killing someone because of his political views?

What's next, killing the lawyer who is representing the Indian contesting his deportation? How about killing the lawyers who represent the UDD or PCAD activists? We can't just go around murdering lawyers because they take on cases that are not to our liking.

[bigbamboo]

hi why does this come up over and over again ------why why why -----who cares about this guy ?????? Human rights or terrorist rights ----what was his job ????? getting terrorists off the hook ?????Protecting terrorists ...why do the papers bring this up over and over and over ??????? good riddance !!!!!!!

Really? He is a possible murder victim, and there is a possible implication of the group that is supposed to uphold the law. That in itself demands that the case not be forgotten. If lawyers did not take on unpopular cases or refused to represent some people, the judicial system would fall apart. It is a fundamental obligation of society to protect lawyers like the missing and presumed dead Somchai otherwise society eventually loses its basic rights and freedoms. If he was murdered, is it right that his murderers escape justice? Someone knows what happened, and it is best if the truth comes out, even if it results in some unpleasant ramifications.

All very well but in reality some Thai truths will never be revealed as things are here. And this is one of them.

[billd766]

The "who cares about this guy" attitude is disgusting. It would be great if many more such cases were being kept alive to keep the pressure on the police, but in the meantime we cannot let this particular issue die. Somchai's wife Angkhana and her children are very brave people and deserve our support.

Just the usual suspects bleating again.

[billd766]

"One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces."

Same with recent terror attacks in China, Pakistan, and Kenya: all blamed on supposed mistreatment at the hands of authorities (by terrorists and their sympathizers). My point is: if they can't come up with another way to respond than murdering innocent people, then they are probably the right people being targeted. Once again we see so-called "human rights" groups being more concerned about terrorists/criminals than their victims.

Just in case you misunderstood, he IS the victim!!!

[SICHONSTEVE]

Rubbish.....no-one cares about his disappearance

I think your avatar sums up your personality!!!

[SICHONSTEVE]

"One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces."

Same with recent terror attacks in China, Pakistan, and Kenya: all blamed on supposed mistreatment at the hands of authorities (by terrorists and their sympathizers). My point is: if they can't come up with another way to respond than murdering innocent people, then they are probably the right people being targeted. Once again we see so-called "human rights" groups being more concerned about terrorists/criminals than their victims.

The presumed deceased was not guilty of any crimes. He was doing his job, a job which indirectly impacts your own safety.

If Thailand is to be a nation without corruption and with a respect for the law, then it is necessary that this case not be forgotten. I'm not particularly comfortable with the circumstances of this case. Are you comfortable with the possibility of police killing someone because of his political views?

What's next, killing the lawyer who is representing the Indian contesting his deportation? How about killing the lawyers who represent the UDD or PCAD activists? We can't just go around murdering lawyers because they take on cases that are not to our liking.

Well said for once GK!!!

[simple1]

"One of the claimed justifications by the insurgents for ongoing killings is to date nearly zero accountability by the Thai government for people murdered/tortured by government forces."

Same with recent terror attacks in China, Pakistan, and Kenya: all blamed on supposed mistreatment at the hands of authorities (by terrorists and their sympathizers). My point is: if they can't come up with another way to respond than murdering innocent people, then they are probably the right people being targeted. Once again we see so-called "human rights" groups being more concerned about terrorists/criminals than their victims.

Sure members of the insurgency movements should be targeted, but many are arrested and are later cleared by the Court for lack of evidence. Some who are cleared by the Courts or on bail are then murdered. Who are carrying out these extraducial killings that is one of the causual factors fueling the cycle of killings, if not members of the security forces and village defense volutenteers. e.g. a quote from a recent 'The Nation' article

"Extrajudicial and target killings, needless to say, have always been a major obstacle to any peace initiative between the government and the separatist movements.

Since February 28 last year, when the Thai government entered into peace talks with the BRN, at least 10 ex-detainees, all of whom are accused of committing treason and are fighting the charges in court, have been shot and killed, presumably by pro-government death squads"

Human Rights organisatiions such as Human Rights Watch and Amnesty International have publically condemned the killings by the insurgency groups

Edited March 12, 2014 by simple1

[Thai at Heart]

It sounds to me that there must be a huge confession box sitting in the office in the nation. All this confession and hand wringing.

[zuluboyy]

hi i somehow dont think a terrorist will talk if you accomodate him in a five star hotel .?????..furthermore insurgents dont need any justification to kill ..They kill indiscrimiinately and without reason ..ALL THEY NEED IS A show of weakness _____THE thai govt does not have a clue !!!!!! Now they want to talk with a muslin country as the go betewwn ..what is the next joke !!!!!..

[simple1]

hi i somehow dont think a terrorist will talk if you accomodate him in a five star hotel .?????..furthermore insurgents dont need any justification to kill ..They kill indiscrimiinately and without reason ..ALL THEY NEED IS A show of weakness _____THE thai govt does not have a clue !!!!!! Now they want to talk with a muslin country as the go betewwn ..what is the next joke !!!!!..

I guess you're referring to Malaysia, it was an effective approach to include Malaysia in the negotiations to bring about an agreed roadmap to peace agreement with the insurgency in the Philippines. As a regional comparison both the Aceh and Southern Philippines insurgencies took decades to bring about a resolution to the conflicts.

The insurgency killings in the deep South never seem to be short of 'reasons' in their propoganda

Edited March 12, 2014 by simple1