PRESS RELEASE
AHRC-PL-043-2006

THAILAND: Remove DSI director, new petition demands

(Hong Kong, June 17, 2006) A petition launched on Saturday is calling for reform of Thailand's Department of Special Investigation (DSI), starting with the removal of its director. 

The petition, which is addressed to the justice minister, says that the DSI director should be replaced "due to a lack of efficiency, incompetence, and his actions against the judicial process".

It draws attention to the cases of disappeared lawyer Somchai Neelaphaijit and murdered environmentalists Charoen Wat-aksorn and Phra Supoj Suwajo, which have all stalled since they were transferred to the DSI.  

The wives of Somchai and Charoen, Angkhana Neelaphaijit and Korn-uma Pongnoy, together with Phra Kitisak Kitisophon, a fellow Buddhist monk and environmentalist colleague of Phra Supoj, are the top three signatories to the petition, which has been launched to coincide with the first anniversary of Phra Supoj's killing.

A commemoration ceremony for Phra Supoj and the other two slain human rights defenders is being held at the 14 October Monument in Bangkok this Sunday.

The Asian Human Rights Commission (AHRC) has joined calls by human rights defenders in Thailand seeking the removal of the DSI director and reform of the department. 

Basil Fernando, executive director of the Hong-Kong based regional rights group, is the fourth signatory to the petition. 

"The AHRC was among many organisations and concerned individuals with the best wishes and high hopes for the DSI when it was set up," Fernando said.

"But somehow the police have ended up in control and completely defeated the possibility that the DSI could be used to fight for human rights in Thailand," he said.

"Serious reform of the DSI must begin by removing the obstacle that is its present director," Fernando insisted.

"The legislation governing the department does not envisage a policeman being in charge, and nor should there be one," he added.

"The presence of experienced police in the DSI should be welcome only so long as they are subordinate to a truly independent and upstanding public servant with a reputation for excellence," Fernando said.

"This institution is too important for anything less," he concluded.

The AHRC is also launching an appeal for signatories to the petition.

Full text of the petition is given below, and can be accessed online at: http://thailand.ahrchk.net/dsi_petition.

NEED TO REFORM THE DSI FOR HUMAN RIGHTS IN THAILAND

Dear Minister of Justice

The Department of Special Investigation (DSI), established under the Ministry of Justice and authorized by the Special Investigation Act 2004 with aspirations to be "an interdisplinary organization that prevents, suppresses, and controls crimes that critically affects the economy, society, and security of state, as well as the international relations, to attain justice through expertise, transparency and public trust" has raised high public expectations for justice.

Thus far, we have found that--with the exception of the vigorous pursuit of justice for the sake of ruling politicians--several cases which have been deemed "unusual crimes that are complicated, and critically affect the social stability and public morals, masterminded by influential figures" as stated in article 21 of the act, have completely failed, including the following:

1. The disappearance of human rights lawyer Somchai Neelapaijit since 12 March 2004. With the Royal Police Commission 's indictment, only one of the defendants, who were police officers, was convicted of coercion to three years in prison (and released on bail during the appeal process), while the remaining four accomplices were acquitted. The DSI has accepted the case as a special case since July 2005 but no further attempts have been made to find other accomplices and the masterminds. Above all, up till now, the DSI has never been able to officially identify the status of the missing lawyer, even though the case has received strong attention and as solution to the disappearance of human rights lawyer Somchai would have a great impact on the violence in the south.

2. The murder of environmentalist and community leader Charoen Wat-aksorn on 21 June 2004. Two gunmen and three accomplices were arrested. The DSI rushed to conclude that it was merely due to a personal conflict. The villagers of Bo Nok very much doubt if the existing evidence and indictment ever will get the accused convicted. Moreover, no further investigation was conducted to find the masterminds, despite a litany of material evidence and witnesses pointing to the real cause of the murder, to which even the DSI once admitted: the campaign against a coal-fired power plant, and protection of the community's common land.

3. The murder of the conservationist monk Phra Supoj Suwajo in Fang district, Chiang Mai. He was brutally slashed to death on 17 June 2005. For one year, the DSI has not been able to come up with any leads: no suspects, no witnesses, no weapons and no material evidence, as a result of its initial inadequate investigation. Of late, the DSI's investigation team has called the relatives and involved persons for re-interrogation, claiming that it is reviving the case.

One of the common aspects of the three cases is that the missing and murdered were all prominent persons devoted to the common good and bravely fighting for justice, whose deeds invariably got in the way of those with vested interests, be they government officers, politicians and influential figures, local and national alike.

The failure of the DSI to quell organised crimes and terrorising acts inevitably disturbs the public confidence in the country's justice system. That may lead to ever more unrest and violence in the society, of which the government cannot deny the responsibility.

Therefore, we, the undersigned, ask the Government of Thailand through the Minister of Justice to:

1. Immediately relieve Pol. Gen. Sombat Amornvivat from the post of director general of the Department of Special Investigation, due to a lack of efficiency, incompetence, and his actions against the judicial process; and,

2. Appoint a new director general to the Department of Special Investigation through a transparent selection process with broader qualification criteria,

With the aim of improving the DSI to be independent, free from any influence and domination, so that it will be a vital part of attaining justice for people in Thailand.

Your consideration and action are appreciated.

To sign please go to: http://thailand.ahrchk.net/dsi_petition/signature.php.

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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.