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Need for speedy investigation into Somchai's disappearance (2010-01-04) |
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Monday, 04 January 2010 |
Dear Friends,
The Asian Human Rights Commission (AHRC) wishes to forward to you the
following open letter from Ms. Angkana Neelapaijit, wife of Mr.
Somchai Neelapaijit, a disappearance Muslim lawyer, to the Prime
Minister of Thailand regarding an investigation of Somchai’s case,
witness protection and the issue of forced disappearance.
Asian Human Rights Commission
Hong Kong
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FOR IMMEDIATE RELEASE
AHRC-FOL-001-2010
January 4, 2010
A Open Letter from Ms. Angkana Neelapaijit to Thai Prime Minister
forwarded by the Asian Human Rights Commission
THAILAND: Need for speedy investigation into Somchai's disappearance,
Effective Witness Protection and make Forced Disappearance a Crime
23 December 2009
His Excellency the Prime Minister
CC: H.E. Minister of Justice
Director General of Department of Special Investigation
Since your ascension to the premiership, you have fervently declared
to public your intention to set up a special committee to restore
inquiries into important cases that have gained much attention from
society. Previous governments have been criticized for not giving
importance to several prominent cases and failing to uphold justice.
Investigation of important cases had been retarded and the injured
parties’ access to justice hampered. One of those cases is the
enforced disappearance of Mr. Somchai Neelapaijit.
At the one year anniversary of your administration, there is still no
substantial progress made regarding the enforced disappearance of Mr.
Somchai Neelapaijit which has been accepted as a special case by DSI
since July 2005. Meanwhile, key witnesses to the case and their
families have been subjected to intimidation and threats and have to
always worry about their safety.
As an injured party in this case, I would like to call on you as the
person directly in charge of DSI to;
Ensure acceleration of the investigation Until now, no substantial
progress has been made to the investigation in the enforced
disappearance of Mr. Somchai Neelapaijit case handled by DSI. In over
past four years that DSI has accepted to take charge of this case,
attempts have only been made to acquire evidence from the Maeklong
River, Ratchaburi province. Insofar, four 200-litre-drums have been
excavated and are believed to have been used for destroying the body
of Mr. Somchai. Some human bone remained and has also been obtained,
but after forensic test, it has been found not to match the genetic
pattern of Mr. Somchai Neelapaijit.
Provide for efficient witness protection The disappearance of Mr.
Somchai Neelapaijit is related to the alleged torture of the 4 January
2004 gun robbery suspects while being detained by several high ranking
police officials, the case of which is being investigated by the
National Counter Corruption Commission (NCCC). But due to slow justice
process and inefficient witness protection, witnesses in this case and
their families have been living in fear and been unable to live their
normal lives. Lately, one of the key witnesses in this case, Mr.
Abdulah Arbukaree was found to have disappeared on 11 December. He had
been waiting for years to testify as a witness in the Court. During
late November, he went to his hometown in one of the Southern border
provinces and has disappeared since then for nearly two weeks now.
Should the disappearance of Mr. Abdulah Arbukaree prove to be an
enforced disappearance, it shall inflict a horrendous threat to other
witnesses in this case and other cases. Their confidence in their
safety and trust in the efficiency of the justice system to hold the
perpetrators liable shall be gravely eroded. I propose DSI be held
responsible for this incidence and prompt investigation in this new
disappearance be launched and any findings be made public.
Criminalize enforced disappearance and the government must sign the UN
Convention Against Enforced and Involuntary Disappearances This will
provide an assurance to Thai people that there shall no longer be
tolerance to enforced disappearance perpetuated by public officials.
It will also enable families of the victims to hold concerned
officials liable for their crime.
The enforced disappearance of Mr. Somchai Neelapaijit has widely been
known as one of the key cases that has affected trust in justice
process and the rule of law in Thailand, particularly among people in
the Southern border provinces. Though the government has been
successful in providing support, compensation and development aid to
people in the South, but they have failed to deliver justice and
ensure equality under the law. Therefore, I would like to call on you
to closely monitor the performance of DSI and NCCC and to ensure that
the investigation carried out by the two agencies be conducted in a
more prompt, transparent and fair manner. This shall bring about the
cease of the culture of impunity and provide for safety of witnesses
as well as restore trust in justice process in all Thai citizens.
Yours Faithfully,
Ms. Angkhana Neelapaijit
For more information, please contact Ms. Angkhana Neelapaijit, Tel.:
+66 847280350
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