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Junio 25, 2007

Tha - UN panel to reconsider cases

ACHARA ASHAYAGACHAT

A United Nations panel has decided to reconsider 12 cases involving missing people in the far South after complaints from the affected family members.

The decision was sparked by a plea from the Working Group on Justice for Peace (WGJP), which sent the UN panel a letter on Thursday after learning that it would stop pursuing the cases because they were settled through government compensation. The letter said the families of the 12 missing people had unanimously rejected the UN's decision to close the files on the cases on the grounds that the families received some money from the government.

''The families do not consider the money as compensation for the deaths and wish to receive answers to what happened and where their loved ones are,'' the human rights group said in the letter.

None of the family members considered their case closed and they were still hoping that the UN would help them obtain justice.

A source at the WGJP said the UN panel had responded by deciding to again study each of the 12 cases.

The 12 are among 18 cases of forced disappearances in Thailand that were submitted to the UN jointly by the WGJP and the Asian Legal Resource Centre last year. In every case, state officers are alleged to have been behind the abductions and disappearances.

The Thaksin Shinawatra government set up a committee, chaired by then minister to the prime minister's office Chaturon Chaisaeng, which approved a payment of 100,000 baht for each of the disappearances.

The WGJP was set up by Angkhana Neelaphaijit, whose husband Somchai was abducted by police in 2004 and never seen again.

http://www.bangkokpost.com/News/25Jun2007_news12.php

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Mayo 27, 2007

Thailand: More abductions & killings allegedly by Kalasin police

As the Asian Human Rights Commission (AHRC) has already reported (UA-136-2007; UP-065-2007) police in Kalasin district of northeastern Thailand are accused of abducting and killing at least 24 persons in the past two years. We have already reported on the details of four cases; in this update we give the names and basic details concerning the other cases.

Most victims (see sample letter below for details) of the alleged perpetrators have been young people who were accused of being involved in drugs and other small crimes. Some of the victims had been detained in the Kalasin District Police Station before their death or disappearance. The victims were variously shot dead, tortured to death, hanged (or made to appear as if hanged) or abducted and not seen again.

The Department of Special Investigation (DSI) under the justice ministry has been investigating at least one of the cases, the torture and killing of Kietisak Thitboonkrong (UA-136-2007), and has acknowledged that there appears to have been a pattern among the killings, as the ropes on the necks of hanged victims had been tied in a similar way and the same techniques had apparently been used in covering up the crimes.

After issuing the original appeal, the AHRC received a letter dated 11 May 2007 from the provincial police commander of Kalasin, Pol. Maj. Gen. Phisanha Arweekorn Wornthepnitinant, informing that the police had investigated the allegations about police involvement in Kietisak’s death and did not find any evidence to support the claims and had closed the matter. However, they did not give any details about how the investigation was conducted and how they came to such a conclusion. Under any circumstances, the response again speaks to the absence of effective independent channels for complaint against the police in Thailand.

ADDITIONAL COMMENTS:

In February 2003, the former government of Thailand launched the first phase of its "war on drugs" in which more than 2500 people were killed extrajudicially (for details, please refer to: "Extrajudicial killings of alleged drug dealers in Thailand", article 2, June 2003, vol. 2, no. 3; www.article2.org). Kalasin was the first province of Thailand that the government declared "drug-free", apparently due to the sorts of practices for which the police there stand accused. Many of the victims listed in this appeal were killed around the second phase of the "war", which unlike the first phase was not publicised widely.

Despite strong evidence against the Kalasin District Police, no disciplinary action or prosecution has followed. This is despite ongoing investigations by the DSI and findings by the National Human Rights Commission of Thailand that there should be prosecutions.

After the military coup in September 2006, around eight victims' families lodged complaints with the justice ministry with hopes that the change in administration may lead to some inquiries. But there has been no response so far. The acting police commissioner, Police General Seripisuth Themiyavet, has ordered the Kalasin District Police to conduct serious investigations into the killings, but there is no sign of any progress and nor should any be expected while the alleged perpetrators and their peers are called upon to also be the investigators.

SUGGESTED ACTION:

Please write to the following authorities to enquire the progress of the above cases, and urge the government to set up an independent investigation body to handle complaints against police officers in Thailand.

Sample letter:

Dear ________,

THAILAND: Investigate killings allegedly connected to Kalasin District Police

Name of victims:
1. Mr. Prasert Krungsriwattana, shot dead on 31 December 2003
2. Mr. Jatuphon Nainayacheurg, shot dead on7 January 2004 in front of Anukulnaree school
3. Mr. Thongchan Paraphee, hanged; body was found on 10 January 2004 in a farm hut at Baan Ta Ha, Loop sub-district
4. Mr. Suphan Ploywilert, shot dead on 16 January 2004 in Soi Kompholpatana, Muang District
5. Mr. Charnchai Korharn, shot dead on 16 January 2004
6. Mr. Paeng Saengsawant, shot dead on 21 January 2004 on 74 Moo 7, Baan Jote, Rupor sub-district, Muang District
7. Mr. Pitoon Raikiet, shot dead on 21 January 2004, shot dead on 95 Moo 12, Baan Kud-or, Muang District
8. Ms. Namphon Dolrasamee, shot dead on 11 February 2004 in Muang District
9. Mr. Songkran Dejtharapath, shot dead on 7 April 2004
10. Mr. Dath Macha Pathan, shot dead on 5 May 2004
11. Mr. Somsin Worawattanawong, shot dead on 14 August 2005 in a bus stop in front of a national politician’s house
12. Mr. Praiwan Phukhat, shot dead on 23 August 2005 near Rimpao Dam
13. Mr. Sakorn Saravithi, shot dead on 23 August 2005 near Rimpao Dam
14. Mr. Winai, shot dead on 1 October 2005 near Rimpao Dam
15. Mr. Preecha Khampratuang shot dead on 31 October 2005
16. Mr. Chaiwut Laocharoen, shot dead in front of Rimpao hotel
17. Mr. Pui, hanged in a bus stop on Mor Dindaeng Road
18. Mr. Udom Nawai, shot dead
Alleged perpetrators: Personnel of the Kalasin District Police Station

I am writing to express my concern about the above killings that happened in Kalasin province in 2004 and 2005. The families of victims and other persons familiar with the cases have alleged that the personnel of the Kalasin District Police Station may have been the perpetrators; however, there have been no effective investigations to reveal the truth, despite the amount of time that has lapsed between the incidents and today.

Most of the victims were young people who had been accused of dealing in drugs and committing other relatively small crimes. Some of them had been detained by the Kalasin District Police before their death or disappearance. Autopsies have shown that some of the victims were tortured or seriously injured before death. The Department of Special Investigation (DSI) under the Ministry of Justice has also reportedly identified a pattern among the killings, such as in the manner of killing and covering up the crime.

I have learned that after the military coup against the former government of Thailand in September 2006, around eight victims' families lodged complaints to the Ministry of Justice but have so far not obtained any response to their requests for justice. The Department of Special Investigation is reported to be conducting inquiries but so far no police officers are known to have had any action taken against them and some of the accused have been promoted. The acting police commissioner, Pol. Gen. Seripisuth Themiyavet, has ordered the Kalasin District Police to conducted serious investigations into the killings, but I know of no progress nor should it be expected, as the officers alleged to have committed these gross crimes and their peers cannot also be expected to investigate them properly. Indeed I am aware that internal investigations have already exonerated all of the accused.

I therefore wish to inquire into the current status of investigations into the deaths of all of the above persons, as well as those of Kietisak Thitboonkrong, Pravit Sattawuth, Oynapa Sukprasong and Wanthana Thakpama, as well as the disappearance of 15-year-old Krischadol Pancha, all in the same province.

I know that police officers in Thailand have long enjoyed absolute impunity for want of any independent body to receive complaints, investigate and commence prosecutions against police. Therefore, I urge the Thailand government to set up an independent investigation body to handle complaints against the police as suggested by the UN Human Rights Committee in 2005, so that claims of adherence to international human rights standards may be made a reality. This more than anything else will effect meaningful and lasting change to the policing system in Thailand.

I look forward to you intervention on these cases.

Sincerely,


----------------------

PLEASE SEND YOUR LETTER TO:

1. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: moj@moj.go.th

2. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th

3. Mr. Aree Wongaraya
Interim Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: moi@moi.go.th

4. Mr. Kavee Kitisataporn
Governor
Kalasin Provincial Office
Muang District, Kalasin Province
46000
THAILAND
Tel: +66 43 812 184
Fax: +66 43 821 964

5. Pol. Gen. Seripisuth Themiyavet
Acting Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th

6. Pol. Lt. Gen. Boonchop Kongnoi
Commissioner
Provincial Police Region 4
Khonkaen 40000
THAILAND
Tel: +66 43 247 120, 245 166, 241 230
Fax: +66 43 241 230, 247 120

7. Pol. Maj. Gen. Phisanha Arweekorn Wornthepnitinant
Commander
1 Kalasin Road
Kalasin Provincial Police
Amphur Muang
Kalasin 4600
THAILAND
Tel: +66 43 821 810
Fax: +66 43 812 528
E-mail: ict_kalasin@hotmail.com

8. Mr. Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th

9. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th

10. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

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Diciembre 7, 2006

THAILAND: A well-known environmental activist is missing

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

7 December 2006
------------------------------------------------------
UA-392-2006: THAILAND: A well-known environmental activist is missing

THAILAND: Abduction and forced disappearance; violation of right to life and security; persecution against human rights defenders; un-rule of law

Dear friends,

The Asian Human Rights Commission has been informed of the alleged abduction and subsequent forced disappearance of Mr. Thares Sodsri (53), a well known environmental activist in Baan Kha Distirct, Rachaburi province during the evening of 30 November 2006. Two weeks before his disappearance, Mr. Thares had reportedly submitted evidence to the Ministry of Natural Resources and Environment about widespread destruction of the forest in Ratchaburi and was due to testify in court against suspects in a forest encroachment case.

CASE DETAILS:

At around 10 am on 1 December 2006 Miss Sompit Jinnguy, 28 year-old house maid of Mr. Thares Sodsiri, made a complaint to Police Major Supot Thong-orn of the Bankha Police Station, Rachaburi that Mr. Thares was missing. She told Pol Maj Supot that she left Mr. Thares's house in Banbung sub-district, Ban Kha district, Ratchaburi in the evening of November 30 but when she came back to the house at 7:30am on the following day, she found that the spotlight in front of the house was still on and Mr. Thares was missing.

The police reportedly found traces of blood and three used 11mm handgun cartridges, two bullets and tire traces on the front lawn of Mr. Thares house. The police then searched the area of one square kilometre around the house but Mr. Thares was not found. Investigators suspect that Mr. Thares may have been shot dead in his house and his body taken removed.

Later, Pol Gen Maj Chaicharn Kitichan, Superintendent of the Ratchaburi Provincial Police went to investigate the area and ordered a check of Mr Thares's incoming and outgoing telephone calls and also ordered the Canine police to search for him.

On December 2, the police raided five different locations in Ban Kha district for clues to crack the case. They confiscated two pistols, a blood-strained pickup truck and clothes, which were all sent for forensic examination. Five people, including Amnart Romphoree, a village headman, have been question in the case so far but no arrest warrants have been sought to date.

According to the abducted activist's wife Mrs. Pongchit Sirirat, three dogs at their house had been killed by poisoning a few days before the abduction.

Mr. Thares is a well-known environmental activist in Ratchaburi who has been conducting a campaign against illegal forest encroachment projects in Ban Kha sub-district. He had led villagers to guard the forest from influential figures seeking to mine and plant palm on more than 1,000 rai of forest land. These influential figures are allegedly made up of the local political leadership; village heads, kamnan, chairmen and members of tambon administration organizations.

According to Mr. Thares' wife, just two weeks before the incident Mr. Thares had submitted a VCD showing widespread forest destruction in Ratchaburi by a local influential politician to the Natural Resources and Environment Minister Kasem Sanitwong as well as to the Minister of Interior, and requested them to sack the alleged politician. He was also due to testify in court against suspects in a forest encroachment case. The wife insists that local politicians behind illegal forest encroachment projects were behind her husband's abduction.

Mr. Thares' campaigning concentrated on an area of forest that stretches across 20,000 rai of land in Ratchaburi and Phetchaburi provinces. The area is under a royally-initiated project for forest protection and wildlife officials are preparing to declare the area a new national park.

ADDITIONAL COMMENTS:

On 30 August 2006 the Asian Legal Resource Centre and Working Group on Justice for Peace, a new local human rights group chaired by Angkhana Neelaphaijit, wife of missing lawyer Somchai Neelaphaijit (http://www.ahrchk.net/somchai), submitted the details of 12 disappearances in southern Thailand, arising from seven incidents between 2002 and 2005, to the United Nations (UA-286-2006; ALRC-PL-006-2006). They are among some 23 cases acknowledged by the government of Thailand in which the families have been paid compensation, but not given any information about what happened to their loved ones.

There is at present no reliable estimate of the total number of persons who have been forcibly disappeared in the south of Thailand since 2002, when hostilities steadily increased under the current administration. Informed persons put the number in the hundreds. Due to the lack of effective avenues for complaint and overwhelming fear, families of victims have not generally come forward to complain publicly (see AS-133-2006).

These cases all also speak to the patent lack of protection for witnesses and families of victims in the south. For related information see: Protecting witnesses or perverting justice in Thailand, article 2, vol. 5, no. 3, June 2006.

Mr. Thares' case should not be a repeat of unsolved disappearance of Somchai Neelaphaijit and other cases. Furthermore, to prevent such disappearances, the Thai government must join a new UN treaty to prohibit disappearances without delay.

To see the details of killings of 14 activists, please read the article, "Collusion and influence behind the assassinations of human rights defenders in Thailand" in Special Report: Rule of Law vs. Rule of Lords in Thailand published by the AHRC's sister organization the Asian Legal Resource Centre (Article 2, Vol. 4, No. 2. April 2005). Most of the cases remain unsolved.


SUGGESTED ACTION:
Please write to the Interim Minister of Justice and other persons below to ask their urgent intervention into this matter to locate the whereabouts of the missing activist and speed up a probe into this case. Please also ask for Thailand to join a new UN treaty to prohibit disappearances.

To support this appeal, please click:

Sample letter:

Dear __________,

THAILAND: A well-known environmental activist is missing

Name of victim: Mr. Thares Sodsri, aged 54, environmental activist; resident of 77/2 Moo 2, Bangung sub-district, Ban Kha District, Ratchaburi province
Date and place of disappearance: At night of 30 November 2006 at his house in Bangung sub-district

I am writing to bring your urgent attention regarding another alleged abduction and subsequent disappearance of a well-known environmental activist in Ratchaburi province on 30 November 2006.

According to the information I have received, Mr. Thares Sodsri, 54, who has been conducting a campaign against illegal forest encroachment projects in Ban Kha sub-district, is missing since the evening of 30 November 2006.

I was informed that the police found traces of blood and three used 11mm handgun cartridges, two bullets and tire traces on the front lawn of Mr. Thares's house. I suspect that Mr. Thares may have been shot dead in his house and his murderers took the body to destroy it elsewhere.

I was also informed that on December 2, the police raided five different locations in Ban Kha district for clues to crack the case. They confiscated two pistols, a blood-strained pickup truck and clothes which were all sent for forensic examination. Five people, including Amnart Romphoree, a village headman, have been question in the case so far. However, no arrest warrants have been sought to date.

Over the last 10 years, Mr. Thares has been campaigning concentrated on an area of forest that stretches across 20,000 rai of land in Ratchaburi and Phetchaburi provinces. He had also led villagers to guard the forest from influential figures seeking to mine and plant palm on more than 1,000 rai of forest land. These influential figures are allegedly made up of the local political leadership; village heads, kamnan, chairmen and members of tambon administration organizations.

There is rational suspicion that local politicians behind illegal forest encroachment projects were behind Mr. Thares' disappearance.

Just two weeks before the incident Mr. Thares had submitted a VCD showing widespread forest destruction in Ratchaburi by a local influential politician to the Natural Resources and Environment Minister Kasem Sanitwong as well as to the Minister of Interior, and requested them to sack the alleged politician. He was also due to testify in court against suspects in a forest encroachment case.

Besides, according to Mr. Thares' wife, 3 dogs at their house had also been poisoned in suspicious circumstances before the abduction. I suspect that the alleged abductors did so to prevent from getting the neighbours' notice for the planned abduction.

The circumstances of the abduction indicate that it is well prepared incident. In fact, this is yet another incident of forced disappearances and killings of human rights defenders in Thailand. Most of the cases remain unsolved. Even in the most high profile case of the disappearance of the human rights lawyer Somchai Neelaphaijit, the Thai government has failed to find what really happened to him and where he is. Mr. Thares' case should not be a repeat of unsolved disappearance of Mr. Somchai.

I therefore strongly urge you to conduct an independent and thorough inquiry about this matter. The Government of Thailand should bear the responsibility of Mr. Thares's disappearance and must take speedy action to find his whereabouts. I also call upon your government to the Thai government to sign the new UN Convention on the Protection of All Persons from Enforced Disappearance as soon as it comes into effect later this year. I also urge you to use your official capacity to ensure the free visits by all UN special experts on human rights, in particular the UN Working Group on Enforced or Involuntary Disappearances to the country as a whole to investigate the situation of disappearances and attacks on human rights defenders.

I look for your urgent intervention into this matter.

Yours sincerely,


---------------

PLEASE SEND YOUR LETTER TO:

1. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th

2. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th

3. Mr. Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th

4. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 2219 2980
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th

5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

7. Mr. Santiago Corcuera
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
Attn: Tanya Smith
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 917 9176
Fax: +41 22 917 9006 (ATTN: WORKING GROUP EXTRAJUDICIAL EXECUTIONS)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

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