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UPDATE (Thailand): Administrative Court rejects petition and allows policemen allegedly involved in the disappearance of human rights lawyer to resume duties

May 9, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

9 May 2007

[RE: UP-20-2005: THAILAND: Human rights lawyer still missing after nearly one year; Action needed today to have case transferred; UP-24-2005: THAILAND: Thai minister refuses to act on missing human rights lawyer case; UP-37-2005: Thai PM orders action on missing human rights lawyer, while court hears of torture; UP-45-2005: Wife of missing human rights lawyer intimidated; UP-89-2005: THAILAND: Repeated failed commitment to assign Department of Special Investigation to Somchai case... THAILAND: First call for special investigation chief to resign over Somchai case; UP-107-2006: THAILAND: Second call for special investigation chief to resign; EU expresses concern in Somchai case; UP-124-2006: THAILAND: Important programme to commemorate human rights defenders and discuss failed investigations; UP-128-2006: THAILAND: Please sign petition to remove head of special investigation from post; UP-032-2007: THAILAND: Important programme for victims of forced disappearances on 3rd anniversary of Somchai Neelaphaijit abduction; UP-044-2007: THAILAND: No action against police chief over threats to human rights defender]

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UP-066-2007: THAILAND: Administrative Court rejects petition and allows policemen allegedly involved in the disappearance of human rights lawyer to resume duties

THAILAND: Forced disappearance; impunity
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Dear friends,

The Administrative Court in Thailand has turned down a petition challenging the decision of the Royal Thai Police and its commissioner general to reappoint the five policemen who are allegedly involved in the disappearance of lawyer Somchai Neelaphaijit (UP-044-2007). The petition was filed by Somchai's wife, Angkhana Neelaphaijit, who was also a joint-plaintiff in the criminal case regarding her husband’s disappearance. However, the court decided that Angkhana does not have the right to sue the police and dismiss the case. 

Angkhana filed the petition against the national police chief's decision to reappoint the five policemen allegedly involved in her husband's disappearance (AS-046-2007). The five policemen were charged with forcing Somchai into a car on12 March 2004, and the case was concluded in the Criminal Court in January 2006. Only one of them was convicted and was sentenced to three years of imprisonment. Angkhana has appealed, and the case is now pending in the Appeal Court (please refer to AS-013-2007). The Department of Special Investigation (DSI) is also conducting an investigation into Somchai's disappearance. If DSI collects sufficient evidence, the alleged policemen might be charged with murder, although it has so far not made any known progress.

Despite the pending case against them and the ongoing DSI investigation, the national police chief decided to reappoint the five policemen, including Police Major General Ngern Tongsuk, who was the one convicted; he is now free on bail. One of the acquitted policemen, Pol. Lt. Col. Chadchai Leiamsa-ngoun, has been transferred to Provincial Police Region 4.

The preliminary inquiry into the petition was carried out on 4 April 2007 in the Central Administrative Court (Black Case No. 475/2500, Red Case No. 533/2550). The court decided that the reappointment of the five policemen is within the national police chief's power as the head of police. The court also decided that Angkhana has not been aggrieved or injured due to his decision, and therefore does not have the right to sue [under section 42(1) of the Establishment of Administrative Court Procedure Act]. 

Angkhana disagrees with the decision and filed an appeal to the Supreme Administrative Court on 3 May 2007. She argues the court overlooked her interest in the case. The reappointment of the five policemen might hinder the ongoing investigation, and thus infringe her due process rights. Therefore, she should be entitled to seek redress from the Administrative Court. 

The AHRC has pointed out that the reappointment is inappropriate because the criminal case against the five policemen is still pending. It is not only a violation of the police regulations, but also gives opportunities for them to interfere with the evidence and witnesses regarding Somchai's case, and the ongoing investigation and prosecution process might be jeopardized (please refer to UP-050-2006).

For all links and further information on the case of Somchai Neelaphaijit, please visit the Somchai Neelaphaijit webpage established by the AHRC.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-066-2007
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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.