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Thailand: "Disappearance" verdict leaves questions

15 January 2006

Thailand: "Disappearance" verdict leaves unanswered


questions


Significant questions remain unanswered in the


case of Somchai Neelapaijit, said Amnesty International as


the verdict was announced in the trial of five police


officers charged in connection with the "disappearance" of


the leading human rights lawyer.


"Instead of resolving the


'disappearance' of Somchai, the trial of five police


officers has ended with his fate and whereabouts


unclarified," said Catherine Baber, Deputy Asia Director at


Amnesty International. "The authorities must act to clarify


these questions and ensure all suspected perpetrators of his


'disappearance' are brought to justice."


One police


officer was sentenced to three years' imprisonment for


coercion, while the other four were acquitted. As forced


"disappearance" is not a criminal offence under Thai law,


the five police officers suspected of involvement in his


"disappearance" were charged with lesser offences of theft


and coercion.


Somchai Neelapaijit's "disappearance" is an


important test case of Thailand's ability to provide redress


and remedy for all human rights violations, and to protect


those, like him, who have endeavoured to defend human rights


in the country.


Thailand must demonstrate its commitment


to ending "disappearances" by making forced "disappearances"


an offence under Thai criminal law, and ratifying the UN


International Convention for the Protection of all Persons


from Enforced Disappearances.


It is paramount that the


authorities act to guarantee a climate in which people may


report on all alleged violations of human rights by state


officials and seek redress without fear of reprisal,


including "disappearance". They should ensure that


investigations of state officials are carried out


independently by a body with the power to recommend


prosecution and provide protection to both plaintiffs and


witnesses.


Background


Somchai Neelaphaijit, 53, the


Chairman of the Muslim Lawyers Association and vice chair of


the Human Rights Committee of the Lawyers Association of


Thailand, "disappeared" after being forced into his car on


12 March 2004 in Bangkok. Before he "disappeared" he had


received death threats and been intimidated.


ADVERTISEMENT


Somchai


Neelapaijit had been a prominent critic of the declaration


of martial law in Thailand s southern provinces, and was


acting on behalf of five individuals detained in connection


with violence in the south, who had been tortured by police.


The individuals have subsequently been released from


detention and no-one is known to have been prosecuted for


their torture. Somchai Neelaphaijit s wife and family have


received threats warning them not to speak out about his


"disappearance".


The Thai authorities' past failure to


hold anyone to account for human rights violations,


including "disappearances" has fostered a climate in which


security forces have committed human rights violations such


as "disappearances" with


impunity.




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