Dear Sir,
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), would like to express its concern about the conduct of the trial concerning the abduction of Mr. Somchai Neelapaijit. The Observatory has followed the progress of this investigation closely (See Observatory Open Letter to The President of the Criminal Court of Thailand, October 20, 2005), and sent a foreign independent lawyer, Ms. Laurie Berg, to observe the hearings between 15 and 18 November 2005.
On March 12, 2004 Mr. Somchai was forced into a car by assailants and was last seen in the Bang Kapi district. Before his disappearance, Mr. Somchai had held significant positions within the Lawyers Council of Thailand, being Chairman of the Muslim Lawyers Group and Vice Chairman of the Human Rights Committee.
Mr. Somchai Neelapaijit had aimed at ending the martial law in the southern Thai provinces, and had defended Muslims charged with terrorism, revealing that they had been tortured during police interrogation. His various activities created tension between him and the security forces in these provinces and probably led to his enforced disappearance (See Observatory Annual Report 2004). Five policemen are currently being prosecuted in connection with Mr. Neelapaijit’s disappearance.
Mr. Somchai’s wife, Mrs Angkana Neelapaijit successfully petitioned the court to join the action as a co-plaintiff. Her role in this trial has increased in importance due to the erratic presence of the five prosecutors who were appointed to this hearing. During Ms. Berg’s observation, only one of the five prosecutors was present on three days, and in one instance, witness testimony was taken for fifteen minutes without any prosecutor being present.
As you are no doubt aware, Mrs. Angkana Neelapaijit appointed Mr. Sitipong as her legal representative and approached the Lawyers Council, requesting the referral of lawyers to assist in the preparation of her case. While five lawyers were initially appointed to this proceeding, only one, Mr. Somchai Sukpeukit, has consistently been present and actively involved in the co-plaintiff’s suit.
The Observatory is concerned that Mrs. Angkana has not been the recipient of legal assistance necessary to properly present her case. We understand that the five lawyers initially appointed were inexperienced in cases of the profile and political sensitivities of this prosecution. The Observatory would like to urge the Lawyers Council of Thailand to appoint without further delays additional experienced lawyers, familiar with human rights proceedings, in order to assist Mr. Sitipong in mounting an effective prosecution in this case.
We also encourage the Lawyers Council to send a senior lawyer to independently observe the prosecution related to the disappearance of Mr. Somchai Neelaphajit and report on his findings.
We hope you will take these considerations and requests into account. The Observatory will continue to monitor this case closely and expects to publish a trial observation report in the near future.
In the hope you will take these considerations and requests into account,
Yours faithfully,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
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Gaël Grilhot
Attaché de presse
Press Officer
FIDH
+33-1 43 55 25 18
+33-6 10 60 05 57