THAILAND: Threats to human rights defender and family in Bangkok

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Working Group on Justice for Peace (WGJP) that two cars are belonging to the family of Angkhana Neelaphaijit, a prominent human rights defender, were broken into this month. The break-ins followed her urging a special investigation unit under the justice ministry to reopen the files on the disappearance of her husband, human rights lawyer Somchai Neelaphaijit, and treat it as a murder since a court has now declared him legally dead. Nothing was stolen from the vehicles and the break-ins appear to be connected to the case.

CASE DETAILS:

On the morning of 7 June 2009, a Honda Civic, license no. Por Nor 6786, that belonged to disappeared lawyer Somchai Neelaphaijit, was broken into outside his family’s house in Bangkok. The small window on the right hand side of the car was broken in order to unlock the door. Several of Somchai’s belongings were moved within the car, including a prayer hat, a copy of the Qur’an, and a mobile phone charger, but nothing was stolen even though the car contained valuables such as a radio-tape player. Angkhana Neelaphaijit, Somchai’s wife, reported the break-in to the head of the Department of Special Investigation (DSI), which is responsible for investigating his case, the police headquarters and local police. The local police and a forensic investigation team arrived at the house quickly and took fingerprints. An umbrella and the broken window were subsequently found in a garbage can opposite the house.

Three days later, at 2am of June 10, the family’s Honda Accord, license no. Por Yor 8574, which belongs to Angkhana Neelaphaijit herself and was also parked at the house, was broken into in the same manner. There was no stolen property but an old purse and cards were dropped in a trash bin opposite side of the house. Officers investigated the fingerprints but found no matching prints with those on Somchai’s car or to those on the police databases. After this incident, the police took some measures to protect the family.

Angkhana Neelapaijit believes that the break-ins are intended to again threaten her and her family due to the ongoing pressure and developments regarding the disappearance of her husband. She has recently had several meetings with high-ranking officials, including the prime minister and justice minister, to lobby for greater action. In March 2009, the case was highlighted by the Canadian delegation during the reporting of the Working Group on Enforced and Involuntary Disappearances at the Human Rights Council (AHRC-FST-020-2009), at the time of a public commemoration in Bangkok of the fifth anniversary of Somchai’s disappearance (AHRC-STM-068-2009). Moreover, the Organization of Islamic States has also urged the government to resolve the case of Somchai’s disappearance as well as those of large-scale killings in the south of Thailand.

ADDITION INFORMATION:

Angkhana Neelapaijit recently petitioned the civil court to declare her husband missing so she could take control of his assets (AHRC-FST-021-2009). The civil court took up the petition and declared on 18 May 2009 that Somchai was a missing person as he had been missing for five years, which means that Somchai legally died on 12 March 2009 when the five years expired since he disappeared, under the Civil and Commercial Code sections 61 and 62. It was also reported in the Bangkok Post on 19 May 2009 that the one police officer sentenced to three years in jail in connection with Somchai’s disappearance, Pol Maj Ngern Thongsuk of the Crime Suppression Division, is believed to have fled the country after having been released from jail while appealing the verdict. Earlier this year he had reportedly gone missing in a flood. Human rights defenders are suspicious that his death was faked. Angkhana had requested the police at the time to investigate the whereabouts of the officer’s body, which was not found.

There have been further developments in the Somchai case. Pol Lt Gen Panupong, head of police Region 7 (Ratchaburi province) withdrew from his post and Pol Gen Tanee, the chief investigator of the Somchai case within the DSI, is now looking for new evidence and witnesses in the area. At the same time, the National Counter Corruption Commission is preparing to deliver their investigation results into the torture allegations brought forward by Somchai Neelepaijit before he disappeared (AHRC UA-94-2004).

Further, Angkhana is chairman of Working Group Justice for Peace which is one of a handful of groups in Thailand in recent years that has systematically documented and reported abuses in the South. The branch office in Pattani province in Southern were also raid 2 times by a group of soldiers and police on February and March of this year. AHRC already issued the urgent appeal on this February incident (AHRC-UAC-011-2009).

Furthermore, Angkhana has supported the victims of alleged police killings and disappearances in Kalasin Province, northeastern Thailand, to complain to the DSI about their cases. See: UA-136-2007, UP-065-2007, UP-073-2007, UP-099-2007, and Strange fruit in Kalasin. Recent reports indicate that the DSI will charge police in connection with these alleged incidents.

For a full range of documents on the case of Somchai Neelaphaijit see the AHRC campaign page: http://campaigns.ahrchk.net/somchai/

For a report on the defects in the witness protection system in Thailand, including discussion of Angkhana’s case, see: Protecting witnesses or perverting justice in Thailand

For further on human rights issues in Thailand read the 2008 country report of the AHRC.

SUGGESTED ACTION:

Please write letters to the authorities listed below, urging them to investigate the raids on two cars of Neelaphaijit family and stop threats against human rights defenders in Thailand.

Please be informed that the AHRC is writing separate letters to the UN Special Rapporteur on the human rights defenders and the UN human rights office in Bangkok calling for intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER