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Thaksin Aide Link To Kidnap Of Somchai


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is there a link - is someone getting twitchy ?
February 08, 2009 15:03 PM

Thai Soldiers Raid Human Rights Group Office In Pattani

By D. Arul Rajoo

BANGKOK, Feb 8 (Bernama) -- Thai security forces raided the office of the Working Group on Justice for Peace (WGJP) in Pattani early morning on Sunday amid warnings from the powerful Internal Security Operations Command (Isoc) that southern Thai separatists may disguise themselves as human rights defenders.

WGJP chairman Angkhana Neelaphaijit said soldiers stormed the office at about 5am but did not arrest any of the volunteers who were asleep.

"When I asked the officer in charge of the raid (over the phone) if he had a search warrant, he said there was no need for one as it was conducted under the martial law.

"I contacted the Fourth Army Chief to show our displeasure and concern over the raid," she said when contacted.

Angkhana, wife of missing lawyer and human right defender Somchai Neelaphaijit, said the soldiers left three hours later after searching the premises, which serves as the base for WGJP to carry out fact-finding missions on the situation in the restive south.

full story - http://web7.bernama.com/bernama/v3/news.php?id=388423

Well now-

Wow----

Over to you your PMship.

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Porntip says latest bones found in Ratchaburi not Somchai's

Khunying Porntip Rojanasunand said Friday that human bones, which were recently found in Ratchaburi, did not belong to missing lawyer Somchai Neelapaijit.

Porntip, Director of the Central Institute of Forensic Science, said officials extracted DNA from 20 pieces of bones and compared the DNA pattern with those of Somchai's siblings and found that they did not match.

The bones were found at the site for disposal of decommissioned weapons of the Ordnance Department in Muang district early this month.

- The Nation / 2009-02-13

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  • 4 weeks later...

EDITORIAL

Act now: get Somchai's killers

Investigation into missing lawyer's probable murder is being blocked by corrupt officers in the police and other departments

Five years ago today in the darkness of the night, a Muslim human rights lawyer, Somchai Neelapaichit, was dragged violently away from his car, gagged and killed by a group of policemen. Two weeks earlier, his killers had listened to Somchai's speech exposing the police's systematic torture of his clients, suspected Thai-Muslim insurgents rounded up as part of the anti-terrorism campaign in the southern provinces' ongoing conflict.

The kidnapping and murder sent shock waves throughout Thai society about the behaviour of security officials and police officers, who are supposed to enforce the rule of law and provide services to ensure justice is served for all. Since then, there have been various investigations, but they have been whitewashed by those who are in power and who refuse to act either correctly or prudently.

Now, it is Prime Minister Abhisit Vejjajiva's duty to demonstrate honesty and integrity to the victim's family, the world community and his own belief in human rights.

At a seminar yesterday at the Siam Society to mark the anniversary of Somchai's disappearance, ambassadors and members of the diplomatic corps showed up in force, reaffirming foreign governments' keen interest in seeing progress in this prominent case. The reason is simply because the Somchai case has come to symbolise the ongoing culture of impunity inside Thailand. So far, no government has ever cracked down on the abuse of power by the police.

Deputy Prime Minister Suthep Thaugsuban, speaking on behalf of Abhisit yesterday, said succinctly that the Thai government adheres to international human rights instruments and that Thailand advocates the protection of human rights.

He also paid tribute to the victims of enforced disappearance, especially Somchai's wife, Aungkana, as beacons for others to fight for justice for those who have suffered from abuse, kidnapping and murder at the hands of the security forces.

Suthep, who oversees security affairs and the police department, has been assigned to look into this matter.

Since 2005, the Department of Special Investigations (DSI) has overseen the investigation into Somchai's murder. The DSI's work has been much criticised because of the old mind-set and complacency. Worse still, the DSI team is comprised of former police officers.

Obviously, the DSI appears unwilling to use its full legal powers - such as court-sanctioned searches, seizure, arrest and subpoenas - to obtain and preserve essential evidence.

These points were also highlighted in a report carried out by the International Commission of Jurists, which has followed the criminal investigation. As a result, the ICJ has stressed that this negligence has undermined the government's obligations in domestic and international law to take all necessary measures to hold responsible those involved in enforced disappearances, including superiors who order such action or turn a blind eye to it.

The report concludes that failure to properly investigate and bring the perpetrators to justice is itself a violation of international law and has denied the victim's family effective justice under international law.

The reputation of Abhisit and Thailand is now hanging in the balance. The prime minister has done well to revive the case and has pledged to bring justice to all involved. At the moment, however, the criminal investigation has been delayed again because of the lack of evidence.

It is obvious the police are trying to block further progress that will implicate their own colleagues.

We fully support this government's effort to resolve this case. Abhisit will need the support of all the Thai people and the international community in order to complete this investigation as soon as possible.

The Ministry of Justice and the DSI have to fully cooperate with the government and hasten the investigation. Otherwise, their sluggishness will be viewed as a ploy to undermine the government and tamper with the investigation. Abhisit must assert his authority and see to it that all concerned authorities step up their work on the case.

Abhisit is scheduled to visit the UK on a bilateral visit and later on attend the G-20 Summit in London. He will be asked frequently about violations of human rights in Thailand and what he has done, and intends to do, to ameliorate the situation.

His strong conviction to protect and promote human rights is well known. What he must do now is to make sure that Thailand ratifies the International Convention for the Protection of All Persons from Enforced Disappearances and other enabling laws. Otherwise, how can he reconcile his high moral stance to the shoot-first talk-later habit at the enforcement level?

The answer will depend on his bold action and decisiveness. Otherwise, he will, like many other leaders before him, be held hostage by the tight brotherhood of civil and uniformed bureaucrats.

- The Nation / 2009-03-12

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Thailand: Resolve ‘Disappearance’ Case

(New York) - The new government of Thailand should ensure that those responsible for the enforced disappearance and presumed murder of prominent Muslim human rights lawyer, Somchai Neelappaijit, are finally brought to justice, Human Rights Watch said today, five years after his abduction.

On March 12, 2004, Somchai was assaulted and pulled from his car in Bangkok, allegedly by five police officers. He was never seen again. Somchai was Chairman of Thailand's Muslim Lawyers Association and Vice-Chairman of the Human Rights Committee of the Lawyers Council of Thailand. At the time, he was investigating and reporting on widespread police torture of Muslims in the insurgency-ridden southern border provinces.

In a much-publicized attempt to demonstrate his commitment to human rights and the rule of law, Prime Minister Abhisit Vejjajiva on January 21, 2009, ordered the Royal Thai Police and the Justice Ministry to accelerate their investigation into the case.

"Somchai's ‘disappearance' reflects glaring problems of state-sponsored abuses in Thailand," said Brad Adams, Asia director at Human Rights Watch. "While Prime Minister Abhisit's order is a good sign, actions speak louder than words. Now is the time to show concrete progress in the investigation and to bring the perpetrators to justice."

Four Thai prime ministers in the past five years - Thaksin Shinawatra, Surayud Chulanont, Samak Sundaravej, and Somchai Wongsawat - have acknowledged that police and government officials were involved in Somchai's abduction and killing. But none of them brought the perpetrators to justice. Key questions remain unanswered, including who ordered the abduction and presumed killing of Somchai and who was involved in obstructing justice.

Five police officers - Police Major Ngern Tongsuk, Police Lieutenant-Colonel Sinchai Nimbunkampong, Police Lance Corporal Chaiweng Paduang, Police Sargent Rundorn Sithiket, and Police Lieutenant-Colonel Chadchai Leiamsa-ngoun - were arrested in April 2004 in connection with Somchai's case and charged with coercion and robbery. None were charged with the more serious crimes of abduction or other offenses connected to the enforced disappearance.

On January 12, 2006, the Central Criminal Court found Police Major Ngern guilty of physically assaulting Somchai, and sentenced him to three years in prison. The other four police officers were acquitted.

Police Major Ngern, who had been free on bail while appealing his case, was reported "missing" in a mudslide on September 19, 2008 while supervising his construction business on the Thai-Burmese border.

The Assistant National Police Chief Police Lieutenant-General Aswin Kwanmuang, who was hand-picked by Prime Minister Abhisit to supervise the investigation, was quoted in media reports on January 27 as saying: "Police involvement in this case has obstructed the investigation. With strong backing from the new government, the sky is now clearing up and progress can be made. First, we must find Somchai's body. After that, arrest warrants on additional suspects will be issued. No one will be spared, including senior police officers."

Human Rights Watch called upon the Thai government to nullify the 2005 Emergency Decree on Government Administration in Emergency Situations (Emergency Decree) and repeal the 1914 Martial Law Act in order to protect the basic rights of all Thais and bring Thai law into conformity with international standards.

Human Rights Watch said that the Thai government has enforced laws and regulations in a way that increased the vulnerability of suspects in the southern border provinces, leaving them vulnerable to torture, "disappearance," and extrajudicial killing during pre-charge detention.

The Martial Law Act allows seven days of pre-charge detention. After that, suspects can be detained for another 30 days under the Emergency Decree, which was issued by the government of Thaksin Shinawatra. (See Human Rights Watch analysis of the Emergency Decree in a letter to Thaksin, dated August 4, 2005: http://hrw.org/english/docs/2005/08/04/thaila11592.htm ). Suspects are also prohibited from having access to family and lawyer visits during the first 72 hours of their detention.

Resentment against human rights abuses by Thai authorities is among the factors fueling an increasingly brutal insurgency in southern Thailand in which separatist militants have carried out a string of deadly attacks on civilians and security forces - shooting, bombing, beheading, and arson attacks - over the past five years.

A policy statement Prime Minister Abhisit delivered to Parliament on December 30 stressed that justice will be integral to resolution of the conflict in the southern border provinces, which has claimed more than 3,500 lives since January 2004.

Human Rights Watch urged Prime Minister Abhisit to take all necessary steps to stop the practice of enforced disappearances, including making enforced disappearance a specific criminal offense and ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. In addition, Thai authorities should ensure that all persons detained by law enforcement and security forces are held at recognized places of detention, and are not subjected to torture or cruel, inhuman, or degrading treatment. Authorities should immediately make the whereabouts of detainees known to family and lawyers.

- Human Rights Watch / 2009-03-11

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Mr Somchai, in a photo taken shortly before he disappeared.

Bangkok Post

Failure to locate Somchai undermines faith in justice

Five years after the disappearance of human rights lawyer Somchai Neelaphaijit, the people of the troubled South have had their faith in justice severely dented.

Mark Tamthai from Payap University's Institute for the Study of Religion and Culture said, in marking the fifth anniversary of Mr Somchai's disappearance today, the failure to solve the case had raised many questions about fairness for the people of the region.

''Trust is no longer there as most people feel betrayed,'' he said.

Continued here:

http://www.bangkokpost.com/news/local/1318...aith-in-justice

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Khunying Porntip Rojanasunand said that human bones, recently found in Ratchaburi did not belong to missing lawyer Somchai Neelapaijit.Porntip, Director of the Central Institute of Forensic Science, said officials extracted DNA from 20 pieces of bones and compared the DNA pattern with those of Somchai's siblings and found that they did not match.The bones were found at the site for disposal of decommissioned weapons of the Ordnance Department in Muang district....

So, whose bones were they? Human remains show up on what is supposed to be a restricted army sector, and no one seems the least concerned, although they are not those of K Somchai Neelapaijit, that a missing person(s) was uncovered. Hmmm.... :o

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Khunying Porntip Rojanasunand said that human bones, recently found in Ratchaburi did not belong to missing lawyer Somchai Neelapaijit.Porntip, Director of the Central Institute of Forensic Science, said officials extracted DNA from 20 pieces of bones and compared the DNA pattern with those of Somchai's siblings and found that they did not match.The bones were found at the site for disposal of decommissioned weapons of the Ordnance Department in Muang district....

So, whose bones were they? Human remains show up on what is supposed to be a restricted army sector, and no one seems the least concerned, although they are not those of K Somchai Neelapaijit, that a missing person(s) was uncovered. Hmmm.... :D

The other time they found bones thought to belong to Somchai and determined eventually weren't his, I believe they identified the bones as belonging to those of 8 separate people... and in that bones discovery case also, it seemed like nothing further was done about them... like it was just.. "Oh, it's not Somchai?... toss them back where you found them, then"....

:o

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Justice call over lost Thai lawyer

Five years after the disappearance and presumed murder of a leading Thai human rights lawyer, an international rights group has called on Thailand's government to step up efforts to bring those responsible to justice.

Somchai Neelaphaijit has not been seen since March 12, 2004, when he was assaulted and pulled from his car in Bangkok, allegedly by five police officers.

His wife and human rights groups believe he was murdered because he was investigating and reporting on claims of police torture of Muslims in Thailand's south.

On Thursday, the anniversary of Somchai's disappearance, New York-based Human Rights Watch called on the new Thai government to deliver on promises to re-open the case and to show "concrete progress" in bringing the perpetrators to justice.

Brad Adams, the group's Asia director, said the lawyer's disappearance "reflects glaring problems of state-sponsored abuses in Thailand."

"Now is the time to show concrete progress in the investigation and to bring the perpetrators to justice," he said.

In January Abhisit Vejjajiva, the newly-installed Thai prime minister, eager to show his commitment to human rights and the rule of law, ordered the police and justice officials to speed up investigations into the case.

Adams urged the Thai prime minister to show "political courage" in handling Somchai's case "to end once and for all the enforced disappearances by the security forces."

"Solving this case will give hope to many, including in the south, that powerful people can be held accountable."

Resentment against human rights abuses by Thai authorities is among the factors fuelling an increasingly brutal insurgency in southern Thailand, where separatist militants have carried out a string of deadly attacks on civilians and security forces in recent years.

Somchai's widow, Angkhana Neelaphaijit, who is also a human rights activist, said she is still hoping for a clue that might bring her husband's killers to justice.

"Under Thai law, if you don't have a body or a piece of bone to prove a person is dead, it's difficult to charge anyone with murder," she told Al Jazeera.

According to Human Rights Watch four Thai prime ministers in the past five years – Thaksin Shinawatra, Surayud Chulanont, Samak Sundaravej, and Somchai Wongsawat – have acknowledged that police and government officials were involved in Somchai’s abduction and killing.

Despite that no perpetrators were brought to justice, raising questions as to who ordered the abduction and presumed murder, and who was involved in the obstruction of justice.

In 2004 five police officers were arrested in connection with the case and charged with coercion and robbery, but none were charged with the more serious crimes.

One of them was sentenced to three years in jail for assaulting Somchai, but he too, has since gone missing.

- Al Jazeera / 2009-03-12

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Here we go again...as more new bones are found...

Human Remains to Be Sent for Lab Test in Missing Lawyer Case

After a 10-day search, officers from the Department of Special Investigation have discovered human remains and evidence that could be linked to the disappearance of Muslim human rights lawyer Somchai Neelapaijit five years ago. The evidence has been sent to a forensic laboratory for testing.

Deputy Police Chief Police General Thani Somboonsub, the head of a special police panel investigating the disappearance of Somchai, visited Ratchaburi province yesterday to inspect the suspected crime scene.

Somchai disappeared five years ago and is presumed dead. He disappeared soon after accusing Thai security forces of using torture to extract confessions from suspected insurgents in the southern border provinces.

Diving teams from Department of Special Investigation have been searching for his remains along the Maekhlong River around Sirilak Bridge in Muang district, Ratchaburi province. Many pieces of human tissues and bones were discovered, as well as a pair of glasses and other items.

All the items will be sent to the Forensic Science Institute for further examination.

- TOC / 2009-03-13

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Petition to declare lawyer 'missing'

Somchai's wife files request with court

By: BangkokPost.com

Published: 17/03/2009 at 11:24 AM

Angkhana Neelapaijit, wife of missing human rights lawyer Somchai, on Tuesday filed a request with the civil court, asking it to declare her her husband legally missing so the family can manage his assets.

The court has three days to decide whether to accept the case, her lawyer Nitithorn Lumlua said.

If the court accepts the case, he would request the court question five witnesses -- Mrs Angkhana, relatives, and an investigator of the Department of Special Investigation handling the case.

http://www.bangkokpost.com/breakingnews/13...clare-disappear

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  • 2 months later...

Court to Declare Status of Missing Muslim Human Rights Lawyer

The wife of human rights lawyer who has been missing since 2004 has provided more evidence to the Civil Court and is seeking a court order that will officially declare her husband a missing person.

Angkana Neelapaijit, wife of human rights lawyer Somchai Neelapaijit, said she would give the Civil Court evidence this morning and seek court orders to officially declare her husband a missing person.

Angkana revealed that the evidence includes complaint letters that she submitted to the United Nations and other agencies as well as the Criminal Court ruling that gave a 3-year jail sentence to a crime suppression police officer who was convicted of confining and assaulting her husband.

Angkana said that she has asked the chief commander of the Department of Special Investigation’s Special Crime Division, Police Colonel Piyawat Kingkate, to be present as a witness but said he has not confirmed yet if he will be available.

Meanwhile, Angkana’s lawyer, Nitithorn Lumluea, said that the plaintiff is the primary witness, and considering all of the evidence, it should be enough for the court to make decision on the case.

He said he believes the court would eventually declare Somchai a missing person under Article 61 section 1 that says if a person has been missing for more than five years, they are officially, legally missing and section 3 of the Civil Laws, providing that a person is under life-threatening situation.

Nitithorn also said that the plaintiff may file an appeal if the court dismisses the case. Somchai was a former chairman of National Association of Muslim Lawyers and the Lawyer Council’s committee on human rights.

He was widely known as lawyer who supported human rights and handled controversial cases involving southern insurgents, and Myanmarese refugees, among others. Somchai went missing on March 2004, and his wife is seeking orders from Civil Court to declare him missing so that she can manage his assets.

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-- Tan Network 2009-05-18

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Court to rule on status of missing human rights lawyer today

BANGKOK, 18 May 2009 (NNT) - The wife of the human rights lawyer who disappeared five years ago has submitted supplementary evidence to the Civil Court in order to request for an official declaration of her husband as a missing person.

Mrs. Angkana Neelapaijit, wife of the human rights lawyer Somchai Neelapijit, stated that the evidence include complaint letters that she had submitted to the United Nations and other related agencies as well as the Criminal Court's ruling that gave a 3-year imprisonment to a crime suppression police officer charged with confining and assaulting the lawyer.

She said further that she had asked the commander of the Department of Special Investigation’s Special Crime Division Police Colonel Piyawat Kingkate to interrogate more witnesses, but the request had not confirmed yet.

Mrs. Angkana’s lawyer Nitithorn Lumluea pointed out that the court could declare Mr. Somchai as a missing person under Article 61 section 3 of Civil Law with Mrs. Angkana as the only witness.

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-- NNT 2009-05-18

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Court declares lawyer Somchai missing person

The Civil Court Monday declared lawyer Somchai Neelapaijit a missing person, allowing his wife to handle his assets.

The court officially announced Somchai a missing person after he went missing five years ago. It is believed he has been killed, but his body has not been found since he went missing on March 11, 2004.

His wife, Angkhana Neelapaijit, told the court that Somchai was last seen in the morning on March 11, 2004 when he saw his children to school.

She told the court that Somchai might have been killed on March 12 and his body might have been destroyed and hidden in Ratchaburi.

With the court's declaration, Angkhana can now claim ownership of Somchai's saving acocunt at a Kasikorn Bank branch, his land, his car, and a condominium.

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-- The Nation 2009-05-18

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Court declares Muslim lawyer legally missing

Wife is convinced Somchai was killed

The Civil Court has declared Muslim lawyer Somchai Neelaphaijit a missing person. Mr Somchai's wife petitioned the court asking that her husband be declared missing so she could legally take control of his assets.

Mrs Angkhana, a human rights campaigner in Pattani, is convinced her husband was killed after being abducted by police on Ramkhamhaeng Road in Bangkok on March 12, 2004.

The law provides that a person can be considered a missing person if he or she has been missing for five years, the court said yesterday.

Continued:

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-- Bangkok Post 2009-05-19

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  • 1 month later...

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Man Arrested for Burglarizing Car of Missing Muslim Lawyer's Wife

The man arrested for breaking into the car of missing Muslim lawyer Somchai Neelapaijit's wife said he only wanted to steal valuables inside the car.

Police from Bang Yee Rua station arrested 29-year-old Sopon Sapbumrungsakul after the court approved an arrest warrant against him for allegedly breaking into the car owned by Angkhana Neelapaijit, wife of missing Muslim lawyer Somchai Neelapaijit.

Angkhana's car was burglarized twice on June 7 and 11.

The suspect confessed to the charges and said he broke into the car at around 2 A.M., but claimed he did not know the car belonged to Angkhana's and his target was valuables inside the car.

Sopon had earlier spent time in prison, where he reportedly learned how to pry a car window open.

Angkhana, meanwhile, said she has no lingering doubt about the suspect's testimony. The break-in of Angkhana's car twice in less than a week was earlier suspected to have been linked to her husband's disappearance and her role in trying to seek justice for him.

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-- Tan Network 2009-06-30

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