Somchai case shows lack of justice

Somchai case shows lack of justice

A photo of disappeared Somchai Neelapaijit featured at an exhibition, 'For Those Who Died Trying', at Pridi Banomyong Institute in March last year. (File photo by Thanarak Khunton)
A photo of disappeared Somchai Neelapaijit featured at an exhibition, 'For Those Who Died Trying', at Pridi Banomyong Institute in March last year. (File photo by Thanarak Khunton)

For some people, 14 years may pass by quickly, but for our family, time has been so slow, since our family head, Somchai Neelapaijit, disappeared on March 12, 2004. After 14 years, all his belongings are in their place -- his clothes are in the wardrobe, his books and notebooks, a desk calendar and other items on his desk -- as if they were waiting for the owner to come back.

Many people may forget that Somchai was abducted and became a victim of enforced disappearance by a team of five police. Before the mishap, Somchai was a human rights lawyer who had helped people pro bono.

Shortly before he was abducted, Somchai had engaged in a campaign for the end of martial law, and helped suspects facing torture in the restive South. His abduction, which came just one day after he petitioned state agencies against the alleged torture, took place at a bustling area in the heart of Bangkok. He has not been found since.

At the time of his enforced disappearance, sad reports emerged about the fate of several human rights defenders. Some were murdered, assaulted, or threatened in various forms. What was similar in these cases is: rarely have the culprits been brought to justice.

For some government officials, Somchai was just an enemy of the state, a rebel, or a man who chose to help wrongdoers.

Our daughter Pratabjit once said about our plight: "Dad was wrongfully accused as tanai chon (bandit lawyer) as he provided legal assistance to suspected insurgents who were tortured by state authorities in the deep South. Such accusations hurt him deeply. Since his disappearance dealt a heavy blow to our family, we have promised to take a good care of one another, and live lives that are useful to other people. On top of that we want to prove that dad was not a villain."

In January, 2006, the Criminal Court sentenced one police officer for coercion in relation to my husband's case but acquitted the other four.

But on Dec 29, 2015, the Supreme Court acquitted all five police and also ruled that our family could not act as a co-plaintiff in bringing the case as there was no evidence that Somchai was dead or so seriously injured that he could not represent himself in the case.

Over the past 14 years, I have found that some evidence was invalidated, or destroyed, and witnesses made to feel afraid in the absence of due protection. On top of that, the country still lacks a law against abduction and enforced disappearance. Without such a law, it is not possible to bring the culprits to justice.

About a year after the Supreme Court acquitted all the officers, we received a letter from the Department of Special Investigation which handled the case for 12 years. It said: "The investigation is over, and the DSI will carry it no further as there are no culprits."

For me, this is a lack of sincerity on the part of the DSI which shames the country's justice system. It also shows there is no will on the part of the state to protect the people against enforced disappearance.

Despite the disappointment, some hope has emerged for our family as the cabinet on May 24, 2016 endorsed a draft on suppression and prevention of torture and enforced disappearance and also agreed to become a signatory state to the UN International Convention for the Protection of All Persons from Enforced Disappearance. It's a pity the coup-installed National Legislative Assembly decided not to examine the draft but sent it back to the Justice Ministry to revise.

Under pressure from the public and international human rights agencies, the Prayut Chan-o-cha government last May appointed a panel to accept and oversee cases regarding torture and enforced disappearance. The panel will look into the facts, and help victims. Yet almost a year has passed by, and the panel is still not fully in operation.

I am grateful the government has granted compensation for our distraught family. Such compensation means there are grounds to believe Somchai was a victim of enforced disappearance at the hands of state officials. It's a pity, however, that the government has no intention to go further, finding out the facts and bringing justice to our family by punishing those involved in such a brutal act. The financial aid is just charity, without justice, and there is no remorse on the part of those in the wrong.

Our family has fought for justice and will continue to do so, in the hope that one day the facts will become known and justice will be done, with the culprits punished accordingly.


Angkhana Neelapaijit is wife of Somchai Neelapaijit and a human rights defender.

Angkhana Neelapaijit

Former human rights commissioner

Angkhana Neelapaichit is former human rights commissioner. She is also a recipient of the Magsaysay award.

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