Home / News / Urgent Appeals / UPDATE (THAILAND): 5 suspects in the alleged abduction of missing human rights lawyer Mr. Somchai Neelaphaijit bailed out

UPDATE (THAILAND): 5 suspects in the alleged abduction of missing human rights lawyer Mr. Somchai Neelaphaijit bailed out

June 10, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 11 June 2004

RE: FA-06-2004: THAILAND: A human rights lawyer Mr. Somchai Neelaphaijit missing and UP-14-2004: THAILAND: Mr. Somchai Neelaphaijit is still missing and the police may be involved in his disappearance
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UP-26-2004: THAILAND: 5 suspects in the alleged abduction of missing human rights lawyer Mr. Somchai Neelaphaijit bailed out

THAILAND: Disappearances; Human rights defenders
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The Asian Human Rights Commission has received information about the releasing of five suspects in the alleged abduction of human rights lawyer Mr. Somchai Neelaphaijit who has been missing since 12 March 2004. There have been complaints by the senate panel committee led by Senator Sak Kosangruang that the committee does not feel that the police are being cooperative in the efforts aimed at solving the case. Mr. Somchai's wife, Mrs. Angkhana Wongrachen, says, "I am exasperated. Many police generals and some of Somchai's friends came to look around my home and keep asking probing questions about my husband. None of them mentioned anything about trying to locate him." Further she added, "Police general told me that the suspected kidnappers of my husband were good police officers. I strongly doubt whether prosecutors can win a conviction."  (The Nation, 10 June 2004)   

 

One of the five suspects, Deputy Crime Suppression Division Commander Chadchai Liamsanguan, is to date awaiting his bail hearing.

 

Somchai was the defense lawyer for five men accused of terrorism and five others who accused Chadchai and other senior police officers of extorting confessions from them, after accusing them of involvement in the violent outbreaks in Southern Thailand. When the Criminal Court decided to free the policemen from suspicion, the Law Society of Thailand decided to file a suit on behalf of the men, who allegedly were tortured. In the week before he disappeared, Somchai publicly accused the police of torturing his clients, and described in detail the types of torture they committed, including urinating into the mouth of one suspect.  

 

Investigation police submitted an indictment on 8 June 2004 for the five suspects in the alleged abduction of Mr. Somchai.

 

On the same day the court rejected a request for bail by the suspects.    

 

On 9 June 2004 the criminal court released the following four suspects: Lt Colonel Sinchai Nimpunyakhamphong, Major Ngern Thongsuk and Corporal Randorn Sithikhet of the Crime Suppression Division and Sergeant Chaiyaweng Phaduang of the Tourist Police Department for a bail of 1.7 million Thai Baht. This was reportedly the fifth attempt to bail out the suspects.

 

The bail took place despite the 896 page-long indictment that includes the testimony of LtColonel Thinakorn Kesornbua, three VCDs recording the probable route of the kidnapping, the testimony of 100 oral witnesses, and other documentary evidence strengthening the charges against the suspects.

 

To see our previous appeals on the case please visit FA-06-2004 and UP-14-2004.

 

Thank you.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

 

     

 

 

Document Type :
Urgent Appeal Update
Document ID :
UP-26-2004
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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.