UPDATE (Thailand): Constant changes of prosecuting attorneys in Somchai’s case undermines judicial process 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-130-2005
ISSUES: Enforced disappearances and abductions,

[RE: FA-06-2004: THAILAND: A human rights lawyer Mr. Somchai Neelaphaijit missing… 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-49-2005: THAILAND: Government commits to giving witness protection to missing lawyer’s family; UP-89-2005: THAILAND: Repeated failed commitment to assign Department of Special Investigation to Somchai case; UP-107-2005: THAILAND: Special call for observers to attend September 7, 8 & 9 court hearings over missing human rights lawyer Somchai Neelaphaijit… UP-118-2005: THAILAND: Fourth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit, UP-123: Grave concern about change of principal judge in case of missing human rights lawyer Somchai Neelaphaijit, UP-126-2005: Fifth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit]
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UP-130-2005: THAILAND: Constant changes of prosecuting attorneys in Somchai’s case undermines judicial process

THAILAND: Disappearances; Defective prosecution system; Impunity
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NEW SOMCHAI NEELAPHAIJIT WEBPAGEwww.ahrchk.net/somchai

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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the constant change of prosecuting attorneys in the case against five police officers who were charged with abduction of human rights lawyer Somchai Neelaphaijit and the incompetent and manner with which they have worked. Most recently, on 3 November 2005 when it was the first day for the defence witnesses to take the stand, there were again new prosecuting attorneys, who were not aware the details of the case, and they could hardly conduct effective cross-examination.

Such low-quality performance by the public prosecution effects not only on the outcome of Somchai’s case but also reflects very badly on the Office of the Attorney General, the Department of Criminal Litigation and indeed the entire judicial system of Thailand.

We call for your urgent intervention into this matter. Please write to the Attorney General of Thailand and urge him to ensure that the same lawyers would deal with the case for its duration. Please also urge him to dispatch a senior advocate to the proceedings, considering the manifest important of this case.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

On 3 November 2005, the case against five police officers in connection with the alleged abduction of human rights lawyer Somchai Neelaphaijit (Black Case No. 1952/2547) was heard at the Bangkok Criminal Court. However, there were again new prosecution attorneys, who were previously unknown to the case. In the morning there were four and in the afternoon there were two. During the hearing process, they appeared completely unfamiliar to the case. When it came time for the cross-examination, remarkably the lawyers confessed that they did not know the details of the case well and requested the judge to postpone the cross-examination until the next day. However, the presiding judge refused their request and allowed them 20 minutes before proceeding. As a result, they could not effectively cross-examine the defendants even though it was critical for the prosecution.

The judge also asked the prosecuting attorneys why they keep changing, both in numbers and in persons. They replied that the other lawyers were assigned other cases.

The AHRC is extremely disturbed to hear of the incompetent and unprofessional manner with which the case has been handled by the public prosecution. If this is the way a prosecution is conducted in high-profile cases such as Somchai’s, it is easy to imagine that in ordinary cases the performance is far worse. The lawyers’ consistent low-quality performance in the court and their frequent changes illustrates a lack of seriousness in handling Somchai’s case by the public prosecution.

The AHRC therefore urges the Attorney General to ensure that the same lawyers will deal with the case for its duration. A senior advocate should remain in the proceedings throughout, considering the importance of this case and the complicated and lengthy trial proceedings.  We refer you to also see the AHRC statement and press release regarding this matter: AS-111-2005 and AHRC-PL-69-2005.

LATEST UPDATES:

The AHRC has earlier issued an Urgent Appeal and expressed our concern over the possible change in the principal judge over the trial of five police officers in connection with the disappearance of Somchai Neelaphaijit (See further: UP-123-2005). We are happy to inform you that this did not eventuate.

On November 1, the court again heard testimonies regarding the alleged tortue of Somchai’s clients by the police, when two senators who visited the detained torture victims addressed the court. Sak Korsaengruang, chairman of a Senate committee looking into Somchai’s disappearance and the last prosecution witness, said that he believed Somchai’s disappearance was linked to his complaint to the court that police interrogators had tortured his five clients.

Mr. Sak also said his investigation team had worked with Pradit Charoenthaithawee, a member of the National Human Rights Commission, and Porntip Rojanasunant, then deputy director of the Justice Ministry’s Central Forensic Science Institute. Later the team and the two experts visited and examined the five suspects in prison. Marks on their bodies confirmed that they had indeed been tortured. Mr. Sak said the five told his team that they had been physically abused by the police to force a confession to crimes they had never committed. One of the suspects claimed police gave him electrical shocks, causing severe burns to his testicles and penis. Another suspect claimed he had been made to stand naked on his toes on a chair, with a rope around his neck for one whole night. He would have died if he had fallen.

Regarding the testimony of the first defendant, we refer you to an article in the Nation newspaper: Suspect gives alibi in Somchai case

FURTHER BACKGROUND TO THE CASE:

The AHRC has released copious material speaking to the importance of the disappearance of Somchai Neelaphaijit: all material has now been compiled on the new webpage: www.ahrchk.net/somchai.

For additional information or inquiries regarding the case please contact the Urgent Appeals Desk of the AHRC.

SUGGESTED ACTION:
Please send a letter to the Attorney General of Thailand demanding that the same lawyers would deal with Somchai’s case for its duration and that the court process would be conducted by highly qualified professional lawyers. Please note AHRC has just learnt that the Attorney General has changed. Please use the new name as follow.

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

SAMPLE LETTER

Dear Mr. Pachara,

Re: THAILAND: Constant changes of prosecuting attorneys in Somchai’s case undermines judicial process [Black Case No. 1952/2547 at the Bangkok Criminal Court]

I write to voice my concern over the constant changes of prosecuting attorneys in the case against five police officers who were charged in connection with the abduction of human rights lawyer Somchai Neelaphaijit. I have been informed that the numbers of lawyers present for the public prosecution have varied from four or five to just one. I am gravely concerned that the unprofessional manner of public prosecution on show in the trial may badly affect the outcome of the case.

I have learned that on 3 November 2005 there were again changes in the prosecuting attorneys of the case even though it was the first day for the defence witnesses to take the stand. The lawyers are said to have appeared to be completely unfamiliar with the case. Consequently, they could not effectively cross-examine the defendants even though it was critical for the prosecution that they do so.

I therefore strongly urge you to use your authority to ensure that the same lawyers would deal with the case for its duration, and dispatch a senior advocate in the proceedings throughout, considering the manifest important of this case. I also urge you to immediately take other direct measures as necessary to ensure better performance by the prosecutors for the duration of the case.

Yours truly,

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SEND A LETTER TO:

Mr Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.thoag@ago.go.th

SEND A COPY TO:

1. Pol. Lt. Col. Dr Thaksin Shinawatra
Prime Minister
Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 282 8631 or 66 2 629 8213
E-mail: thaksin@thaigov.go.thgovspkman@mozart.inet.co.th

2. Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.thchidchai@moj.go.th

3. Prof. Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.thsaneh@nhrc.or.th

4. Ms Hina Jilani
Special Representative of the Secretary General on human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (Attn: Special Representative on HR defenders)
E-mail: bmajekodunmi@ohchr.org

5. Mr. Diego Garcia-Sayan,
Chairperson

c/o Tanya Smith

Secretary a.i.
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006 (Attn: Working Group on Disappearances)
E-mail: urgent-action@ohchr.org

6. Mr. Leandro Despouy
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (Attn: Special Rapporteur on the independence of judges and lawyers)
E-mail: scronin@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-130-2005
Countries : Thailand,
Campaigns : Somchai Neelaphaijit
Issues : Enforced disappearances and abductions,