End Impunity for the Murder of Thai Rights Defenders

Alert Issued: July 19, 2006

One year ago the Thai Ministry of Justice assigned its Department of Special Investigations to two defender cases:

• Somchai Neelaphaijit went missing soon after filing a torture complaint against the police. The noted Muslim lawyer was last seen being forced into a car in Bangkok on March 12, 2004.
  
• Phra Supoj Suvacano was killed in June 2005 after the Buddhist monk challenged efforts by businessmen to take control of forest lands belonging to the local community and the temple.

Five policemen were arrested in connection with the lawyer’s disappearance, but the trial was marred by a weak police investigation and charges that did not fit the crime. Four defendants were acquitted and one was convicted in January 2006 on a single charge of coercion.

The police force cannot be entrusted with investigating its own members. The Department of Special Investigations was created precisely to handle sensitive and complex cases.

Soon after the verdict, the Prime Minister assured the public that the DSI was still on the case and that new charges would be filed within weeks. That was five months ago. There is no sign of an active investigation, let alone results in the form of new suspects or charges. In the case of Phra Supoj, there have been no signs of progress one year after the investigation supposedly began.

Please call on the Minister of Justice to hold the Department of Special Investigations accountable and to demand progress in these important cases.

New Report :Phra Supoj and Somchai Neelaphaijit are just two of the defenders featured in a new report from Human Rights First, “Losing Ground.” More than 20 defenders throughout Thailand have been murdered or “disappeared” with impunity over five years. The report also describes how one year after a flawed emergency decree took effect, essential human rights protections have been weakened in the name of security, further fueling the violence in southern Thailand. 

Losing Ground: Human Rights Defenders and Counterterrorism in Thailand

Trial Monitoring Report: The Disappearance of Somchai Neelaphaijit

Sample Letter

Police General Chidchai Vanasatidya
Minister of Justice
Ministry of Justice Building, 22nd Floor
Chaeng Wattana Road
Pak Kret, Nonthaburi 11120
Thailand


To the Minister of Justice:

I am writing to express my concern about the lack of progress in two cases, one year after the Department of Special Investigations was assigned to them. I urge you to hold the DSI leadership accountable and to ensure that the investigations demonstrate results as soon as possible.

The trial of five policemen in the Somchai Neelaphaijit case ended in January with four acquittals and one conviction on a minor charge, largely due to the lack of a proper investigation by police. The Prime Minister assured the public that the DSI was on the case and that there would be new charges by the end of February 2006. However, other than a fruitless search for Neelaphaijit’s remains in Ratchaburi province in May, there have been no signs of activity.

Phra Supoj Suvacano was stabbed to death in June 2005 following a conflict with local figures over forest lands. He had also created several websites covering social and political issues. One year ago his case was assigned to the DSI, but there has been no observable progress.

The DSI was created by a 2004 law to ensure effective investigations in cases that are complex, sensitive, or involve influential persons. However, with policemen making up much of its leadership and staff, it appears to suffer from many of the same problems as the police force, from lack of political will to a weak forensic capacity.

The 1998 U.N. Declaration on Human Rights Defenders adopted by the General Assembly affirms the right to promote and to strive for the protection and realization of human rights. Article 9(5) states that the State shall ensure that a prompt and impartial investigation takes place whenever there is reason to believe that a violation of human rights has occurred.

I urge you to hold the DSI accountable for the lack of progress in these cases, which are just two of more than 20 human rights defenders killed in recent years. I understand that family members of several of the victims have called for the DSI director to be replaced, and that you are currently evaluating their request. I hope you give this request the consideration it deserves and will further ensure that the investigations show prompt progress in the form of new evidence, suspects, and charges in these and other cases.