According to the information received from the Asian Human Rights
Commission (AHRC), Mr. Somchai Neelaphaijitis, 53, chairman of the
Muslim Lawyers Group and vice chairman of the Human Rights committee
of the Law Society of Thailand, was taken from his car on March 12,
2004, after it was hit from behind. Mr. Somchai Neelaphaijitis has
been missing ever since. He had reportedly told close friends of his
that he was receiving threatening anonymous telephone calls and that
he feared for his safety. He was informed in the most recent call
that his name was being placed by security forces on the list of
members of terrorists groups.
Mr. Somchai Neelaphaijitis has been actively defending human rights
in the southern part of Thailand. He has namely collected 50 000
signatures to support the end of the martial law in that region, and
has worked for the promotion of the rule of law and justice for
Muslims suspected of terrorist activities and treason. He has also
criticised state officials for excessive and unnecessary violence in
law enforcement. These various activities have created tension
between Mr. Somchai Neelaphaijitis and the security forces in the
southern Thai provinces.
Although the Thai authorities have reportedly linked Mr. Somchai
Neelaphaijitis’ disappearance with personal problems, local sources
believe that it is in fact related to his human rights activities in
Thailand.
The Observatory recalls that such cases have occurred before in
Thailand, namely the disappearance 10 years ago of Mr. Thanong Bo
Arn, a Trade Union leader. The
Observatory urges the Thai authorities to undertake an independent
investigation on this case and take prompt action in order to locate
Mr. Somchai Neelaphaijitis, inform
the public of his whereabouts and ensure his release. The Observatory
therefore urges the Thai authorities to conform with article 12§2 of
the Declaration on human rights
defenders, adopted by the UN General Assembly on December 9, 1998,
which states that "[t]he 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". More generally, the
Observatory urges the Thai authorities to respect fundamental
freedoms provided for by international human rights standards.
In hope that you will take these considerations and request into
account,
We remain,
Sidiki KABA President of FIDH
Eric SOTTAS Director of OMCT