Thailand: Disappearance of Mr. Porlagee Rakchongcharoen, also known as ‘Billy’

05/05/2014
Urgent Appeal

The Observatory has been informed by reliable sources about the disappearance of Mr. Porlagee Rakchongcharoen, also known as ‘Billy’. Billy is a well-known ethnic Karen community leader and environmental rights defender. He has been active in promoting and protect the rights of the about 500 Karen villagers in the Kaengkrachan National Park in Petchaburi province. His campaigns have focused on the preservation of forest land and the villagers’ traditional way of life.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

According to the information received, Mr. Porlagee “Billy” Rakchongcharoen was last seen on April 17, 2014, when authorities from the Kaengkrachan National Park detained him while he was traveling from Bangkloybon village in Kaengkrachan National Park to another location in the Kaengkrachan district. Billy was expected to meet with his fellow villagers and activists to prepare for an upcoming court hearing. In 2012, the villagers filed a lawsuit against the Ministry of Natural Resources and Environment’s National Park, the Wildlife and Plant Conservation Department, and the Head of Kaengkrachan National Park, Wildlife and Plant Conservation Office with the Central Administrative Court. The lawsuit alleged that park authorities destroyed houses and property belonging to more than 20 ethnic Karen families in Bangkloybon village in July 2011, during an operation to tackle encroachment on forest land.

Park authorities claimed they detained Billy for possessing a wild honeycomb and six bottles of wild honey but released him after giving a warning later the same day.

On April 24, 2014, Billy’s wife, Ms. Pinapa Pruksapan, filed a petition to the Petchaburi Provincial Court to request an urgent investigation into Billy’s disappearance.

On April 30, the Petchaburi Provincial Court summoned Kaengkrachan National Park Chief Chaiwat Limlikitaksorn and Head of Park Conservation Unit 6 Kasem Lue-rit for questioning in connection with Billy’s disappearance. On that day, park authorities declared three people witnessed the release of Billy on April 17. The court subsequently ordered the authorities to question the three witnesses and investigate Billy’s disappearance.

The Observatory fears that Billy’s disappearance may be related to his activities for the promotion and protection of the rights of Karen communities in the area, and calls upon the authorities of Thailand to take prompt action in order to disclose his whereabouts and to guarantee in all circumstances his physical and psychological integrity.

Actions requested:

Please write to the authorities of Thailand asking them to:

• Guarantee in all circumstances the physical and psychological integrity of Mr. Porlagee “Billy” Rakchongcharoen as well as all human rights defenders in Thailand;

• Take prompt action in order to disclose the whereabouts of Mr. Porlagee “Billy” Rakchongcharoen;

• Order an immediate, thorough, effective and impartial investigation into the above-mentioned facts, the result of which must be made public, in order to identify all those responsible, bring them before a competent and impartial civil tribunal and apply to them the penal sanctions provided by the law;

• Put an end to all acts of harassment, including at the judicial level, against them as well as against all human rights defenders in Thailand and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance or fear of reprisals;

• Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
 its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and
 Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

• Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Thailand.

Addresses:

· Ms. Yingluck Shinawatra, Prime Minister, c/o Government House, Pitsanulok Road, Dusit District, Bangkok 10300, THAILAND, Fax: +66 2 288 4000 ext. 4025
· Mr. Jarupong Ruangsuwan, Minister of Interior, Office of the Ministry of Interior, Atsadang Road, Ratchabophit Pranakorn, Bangkok 10200, THAILAND, Fax: +66 2 226 4371/ 222 8866, E-mail: om@moi.go.th
· Mr. Pracha Promnok, Minister of Justice, Office of the Ministry of Justice, Ministry of Justice Building, 22nd Floor Software Park Building, Chaeng Wattana Road, Pakkred Nonthaburi 11120, THAILAND, Fax: +662 502 6699/ 6734 / 6884, E-mail: om@moj.go.th
· Mr. Surapong Tovichakchaikul, Minister of Foreign Affairs, Office of the Minister of Foreign Affairs, 443 Sri Ayudhya Road, Bangkok 10400, THAILAND, Fax: +662 643 5318, E-mail: om@mof.go.th
· National Human Rights Commission of Thailand, 422 Phya Thai Road, Pathumwan, Bangkok 10300, THAILAND, Fax: +622 219 2940
· Attorney General, Office of the Attorney General, Lukmuang Building, Nahuppei Road, Prabraromrachawang, Pranakorn, Bangkok 10200, THAILAND, Fax: +662 224 0162 / 1448 / 221 0858, ag@ago.go.th; oag@ago.go.th
· Commissioner General, Royal Thai Police, 1st Building, 7th Floor, Rama I, Pathumwan, Bangkok 10330, THAILAND, Fax: +662 251 5956 / 205 3738 / 255 1975-8; feedback@police.go.th
· Permanent Mission of Thailand to the United Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva, Switzerland, Fax: + 41 22 715 10 00 / 10 02; Email: mission.thailand@ties.itu.int
· Embassy of Thailand in Brussels, 2 Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Fax: + 32 2 .648.30.66. Email: thaibxl@pophost.eunet.be

Please also write to the diplomatic mission or embassy of Thailand in your respective country

***
Paris-Geneva, May 5, 2014

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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