PRESS RELEASE
AHRC-PL-026-2006

THAILAND: MEPs put missing Thai lawyer case to EU

(Hong Kong, April 11, 2006) Two Members of the European Parliament (MEPs) on Monday asked the European Union (EU) about what action it has taken on the case of missing Thai human rights lawyer Somchai Neelaphaijit and "allegations of systemic torture in Thailand".

MEPs Jean Lambert from the UK and Frithjof Schmidt from Germany submitted priority written questions to the EU Council and European Commission over the Thai government's failure to locate Somchai as it had promised.

"Is the Council aware of this forced disappearance, and the continued criminal investigation?" they asked the EU.

"Has it asked the Government of Thailand why it has failed to solve the case despite repeated promises to do so, either directly or via bilateral or ASEAN-level dialogue?" they asked.

"Has the Council communicated its concern over the security threats to Mrs Angkhana to the Government of Thailand?" they inquired.

Somchai's wife, Angkhana Neelaphaijit, has been threatened on a number of occasions due to her constant efforts for justice, most recently in March 2006.  

The MEPs also asked pointed questions about the use of torture by the security forces in Thailand and its effect on relations with the EU.

"This is an enormous embarrassment for the government of Thailand," Basil Fernando, executive director of the Asian Human Rights Commission (AHRC), said.

"We are not aware of any other human rights case from Thailand having been taken up so comprehensively by Members of the European Parliament," he said.

"This is a test case for the Thai government, and so far it has failed dismally," Fernando stressed.  

"The AHRC has repeatedly warned the government of Thailand that this case--and the persistent systemic questions over disappearances, torture and extrajudicial killings occurring under its authority--would not go away," he added.  

"The failure of the government to work honestly and directly to deal with this specific disappearance and the related issues is now having serious detrimental effects on Thailand's international reputation," the AHRC director opined.  

The Hong Kong-based regional rights body has worked on Somchai's abduction consistently since 2004, and has in recent times expressed serious doubts about the commitment of the government of Thailand to solve the case.

It has also documented cases of grave torture by the police in Thailand, none of which have been effectively addressed, despite being brought before the UN Human Rights Committee in 2005.

"It is very significant that the widespread use of torture by the police in Thailand is now attracting the attention of the EU," he said.

"The European Council is the key decision-making body there--its decisions may affect bilateral trade and other international relations at the highest level," Fernando said.

"The government of Thailand must now come to terms with this," he said.

Under EU rules, the questions from the MEPs must be answered by the council and commission within three weeks.

The AHRC has in recent days called for the head of Thailand's Department of Special Investigation to resign over his failure to solve the disappearance of Somchai, who was abducted on March 12, 2004.

It has also pointed to the department's poor record on all human rights cases it has taken up.

In January the AHRC said that a guilty verdict against one of the five accused placed "a very serious burden" on the Thai government to solve the mystery of Somchai's abduction.

Pol. Maj. Ngern Thongsuk was sentenced to three years in jail for coercion.

As Somchai's body has not been recovered, murder charges cannot be laid. Thailand has no law prohibiting forced disappearance.

The prime minister of Thailand publicly stated in January that the case would be solved and murder charges laid by the end of February.

On March 11 it awarded Somchai its 2nd Asian Human Rights Defender Award, which was received by Angkhana on his behalf.

The full text of the question to the EU Council follows.


PRIORITY WRITTEN QUESTION TO THE COUNCIL OF THE EUROPEAN UNION
(Rule 110[4])

The case of Mr. Somchai Neelaphaijit

Mr. Somchai Neelaphaijit, the renowned Thai human rights lawyer was abducted by a group of police on 12 March 2004 and later killed. He was advocating strongly for the lifting of martial law in the south of Thailand and had publicly accused the police of brutally torturing and illegally detaining persons there. Since his disappearance, his widow, Mrs. Angkhana Neelaphaijit, has become a tireless campaigner for justice and is facing death threats due to her work. Both have been awarded with national and international prices for their engagement.  However, the Government of Thailand has failed in its repeated commitments to solve the disappearance of Mr. Somchai. A seriously flawed investigation and prosecution resulted in only one of five accused police officers being convicted in connection with his disappearance. He was sentenced to three years in jail on 12 January 2006 for coercion: Thailand has no law prohibiting forced disappearance. One of the other four officers--the suspected ringleader--has been promoted. Under public pressure, the prime minister admitted publicly to having information that Mr. Somchai had been abducted and killed by the police, and said that further inquiries by the Department of Special Investigation would result in murder charges being laid by the end of February. However, there has been little progress since, and Mrs. Angkhana and other human rights defenders have accused the head of the investigation team of deliberately obstructing the ongoing search.

Is the Council aware of this forced disappearance, and the continued criminal investigation? Has it asked the Government of Thailand why it has failed to solve the case despite repeated promises to do so either directly or via bilateral or ASEAN-level dialogue? Has the Council communicated its concern over the security threats to Mrs. Angkhana to the Government of Thailand? How is the Council ensuring the application of the Guidelines on Human Rights Defenders in relation to this case, particularly through encouraging appropriate action by domestic “Paris Principles” agencies? How is it ensuring the application of the Guidelines on Torture in relation to the cases and issues of concern that led to Mr. Somchai's abduction? Has the Council considered the implications on the EU Code of Conduct on Arms Sales of the allegations of systemic torture in Thailand that have been made by Mr. Somchai and others, and has it taken any concrete steps to insure the application of the Code?

(Signed)
Jean Lambert
Frithjof Schmidt

Date:  10.04.06

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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.