Thailand: 10 years after Somchai’s disappearance, family still awaiting truth and justice
GENEVA (12 March 2014) – A group of United Nations independent experts* today called on the Government of Thailand to
establish the truth and hold criminally responsible the perpetrators of the disappearance of human rights defender
Somchai Neelaphaijit. On the 10th anniversary of his disappearance, the experts said the investigations on the case
remain inconclusive and warned that the authorities may close the legal proceedings.
“Ten years after the disappearance of Somchai Neelaphaijit, his fate and whereabouts remain unknown,” the UN Working
Group on enforced or involuntary disappearances said. “We appeal to the Thai Government to continue the investigations
on the case, establish his fate and whereabouts, guarantee impartiality during the process, publish the results, and
ensure that all perpetrators are held criminally responsible.”
Mr. Somchai Neelaphaijit, a human rights defender and senior member of two lawyers’ associations, was allegedly
disappeared on 12 March 2004. It is believed that his disappearance is related to his work as a lawyer defending Muslim
minorities in southern Thailand. The initial criminal prosecution against five police officers for robbery and coercion,
in relation to his abduction, has resulted in their acquittal, though the final outcome is still pending at the Supreme
Court.
“While the State has provided some financial compensation to the family of Somchai Neelaphaijit, this by no means
exonerates Thailand from its obligation to establish the circumstances of the enforced disappearance and bring justice
to the victims of this serious crime,” the experts pointed out. “We call on Thailand to make more efforts to fight
impunity for all acts of enforced disappearances.”
“Thailand must criminalize enforced disappearance in its legislation. Acts amounting to enforced disappearance are gross
human rights violations which must be sanctioned in light of their extreme gravity,” the five-strong group of experts
said, recalling that Thailand signed the Convention for the Protection of All Persons from Enforced Disappearance in
2012.
The Working Group also urged the Thai authorities to guarantee the safety and integrity of the family of Somchai,
especially his wife, Ms. Angkhana Neelapaijit, who, “despite the many threats received, has untiringly been seeking
justice for her husband and other victims of enforced disappearances in Thailand.”
The Working Group’s appeal was endorsed by the UN Special Rapporteur on the situation of human rights defenders,
Margaret Sekaggya; the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul; the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue; and the
Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai.
(*) The Working Group is comprised of five independent experts from all regions of the world: Mr. Ariel Dulitzky
(Argentina), Chair-Rapporteur; Mr. Osman El-Hajjé (Lebanon), Vice Chairperson; Ms. Jasminka Dzumhur (Bosnia and
Herzegovina), Mr. Olivier de Frouville (France); and Mr. Jeremy Sarkin (South Africa).
ENDS