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UPDATE (Thailand): Sixth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit

November 14, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal

14 November 2005

[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-126-2005: THAILAND: Fifth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit; UP-130-2005: THAILAND: Constant changes of prosecuting attorneys in Somchai's case undermines judicial process]
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UP-133-2005: THAILAND: Sixth special call for observers to attend court hearings over missing human rights lawyer Somchai Neelaphaijit

THAILAND: Disappearances; Attacks on human rights defenders; Impunity
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Dear friends,

The hearings in the trial of five police officers in connection with the disappearance of prominent Thai human rights lawyer Somchai Neelaphaijit at the Criminal Court in Bangkok are drawing to a close: the second-last confirmed dates, for the hearing of defence witnesses, will run from tomorrow, November 15, to Friday, November 18.

In the most recent hearings the last prosecution witnesses were heard and defence witnesses began speaking on their own behalf. Among the last prosecution witnesses, two senators who appeared for the joint plaintiff, the wife of the victim, opined that her husband had been abducted because of his work for alleged police torture victims. The AHRC has already issued a brief update on those hearings, in connection with its expressions of concern over the poor quality of the work on the public prosecutor at a critical point in this critical juncture in the trial (UP-130-2005).

After that update and a related statement (AS-111-2005) and press release (AHRC-PL-69-2005) a news reporter who contacted the public prosecutor's office regarding the case quoted Attapol Yaisawang, director-general of the Special Litigation Department (DSL) as saying that the appearance of changing lawyers in the case was due to "a large number of committees overseeing investigations and prosecution" ("Prosecution of police 'ineffective", Ismail Wolff, Thai Day). Irrespective of this explanation, it has been manifest to observers present in the court that the work of the public prosecutor has fallen far short of the requirements of the case, and for this reason close scrutiny of the work of the public prosecution in this and cases of similar concern is required.

Accordingly, the AHRC is again calling for a strong presence of observers in the court during the final days of the main scheduled hearings in the trial. Please refer to our first call (UP-107-2005) for an explanation of the case and reasons that observers are very important in the court.

For a brief overview of the most recent hearings of November 1 to 4, details of the court process and other background please refer to the most recent update (UP-130-2005), the previous call for observers (UP-126-2005) and other links as above. For all other links and information, visit the new Somchai Neelaphaijit webpage established by the AHRC, in Thai and English: www.ahrchk.net/somchai.

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

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-133-2005
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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.