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THAILAND: Court to read verdict on Somchai's case on the eve of his disappearance seven years ago--observers requested

March 10, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-015-2011

10 March 2011

[RE: AHRC-UAU-007-2011: THAILAND: Call for observers in the hearing of the missing person case of Pol. Maj. Ngern Thongsuk]
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THAILAND: Court to read verdict on Somchai's case on the eve of his disappearance seven years ago--observers requested

ISSUES: Enforced disappearances & abductions, human rights defenders, impunity, threats & intimidation, victims' assistance and protection
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AHRC 2010 HUMAN RIGHTS REPORT: THAILAND

THE INTERNAL SECURITY STATE DIGS IN
http://www.humanrights.asia/resources/hrreport/2010/

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Dear friends,

The Asian Human Rights Commission (AHRC) is calling for court observers to hear the reading of the verdict on the case of Somchai Neelaphaijit tomorrow, March 11, 2011, in Bangkok. The date of the reading of the verdict is significant as it marks the eve of Somchai's disappearance seven years ago. The reading, which has been repeatedly postponed, could proceed because there is no legal obstacle for the court to do so.

UPDATED INFORMATION
:

As mentioned in our previous appeal (AHRC-UAU-007-2011), the reading of verdict in February 7, 2011 on Somchai Neelaphaijit's case at the Criminal Court in Ratchadaphisek Road in Bangkok, was once again postponed. The absence of one of the defendants, Police Major Ngern Thongsuk, postponed the reading. The court could not proceed and is legally prohibited from reading with one of the defendants absent.

However, in postponing the reading on February 7, the Court issued an arrest warrant for Ngern, in compliance of the requirements of the Criminal Procedure Code (CPC), to compel him to appear in court. Under Article 182 of the CPC, the Court could only proceed in reading the verdict without the presence of the defendant, one month from the issuance of the warrant.

Therefore, since the Criminal Procedure Code has been complied with there is no longer an obstacle for the Court to proceed in reading. The details are below:

Venue: Criminal Court at Ratchadaphisek Road, Bangkok
Date and time: March 11, 2011 at 9am

The date on which the reading was set also marks the eve of Somchai's disappearance seven years ago. To hear the judgment of the case is significant, not only as it would answer to questions about what happened to Somchai, but to also support his family who has waited for seven years to hear the judgment; and to know the faith of their loved one.

The family of Somchai, particularly his wife Angkhana Neelaphaijit, has endured threats and intimidation. For details: AHRC-UAU-005-2011; AHRC-STM-020-2011.

Meanwhile, the next inquiry at the Prathumthani Provincial Court into the petition of Nark Thongsuk, brother of Police Major Ngern Thongsuk, to declare his brother a missing person is now scheduled for April 26, 2011 at 9am.

On February 14, the Prathumthani Provincial Court commenced hearing the petition. The AHRC observers, who were sent on that date heard the inquiry. During that hearing, the prosecutor submitted the petition of the Department of Special Investigation (DSI) in court requesting them to oppose Nark Thongsuk's petition.

Under the law, a relative of a person who is missing for two years could petition the court to declare him/her a missing person by natural accident.

The legal counsel of Nark Thongsuk, the petitioner, has asked for the postponement of the inquiry to be schedule on 26 April 2011 claiming that he was just made aware of the said petition of the prosecutor.

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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-015-2011
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.