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EDITORIAL

Act now: get Somchai's killers

Investigation into missing lawyer's probable murder is being blocked by corrupt officers in the police and other departments



Five years ago today in the darkness of the night, a Muslim human rights lawyer, Somchai Neelapaichit, was dragged violently away from his car, gagged and killed by a group of policemen. Two weeks earlier, his killers had listened to Somchai's speech exposing the police's systematic torture of his clients, suspected Thai-Muslim insurgents rounded up as part of the anti-terrorism campaign in the southern provinces' ongoing conflict.

The kidnapping and murder sent shock waves throughout Thai society about the behaviour of security officials and police officers, who are supposed to enforce the rule of law and provide services to ensure justice is served for all. Since then, there have been various investigations, but they have been whitewashed by those who are in power and who refuse to act either correctly or prudently.

Now, it is Prime Minister Abhisit Vejjajiva's duty to demonstrate honesty and integrity to the victim's family, the world community and his own belief in human rights.

At a seminar yesterday at the Siam Society to mark the anniversary of Somchai's disappearance, ambassadors and members of the diplomatic corps showed up in force, reaffirming foreign governments' keen interest in seeing progress in this prominent case. The reason is simply because the Somchai case has come to symbolise the ongoing culture of impunity inside Thailand. So far, no government has ever cracked down on the abuse of power by the police.

Deputy Prime Minister Suthep Thaugsuban, speaking on behalf of Abhisit yesterday, said succinctly that the Thai government adheres to international human rights instruments and that Thailand advocates the protection of human rights.

He also paid tribute to the victims of enforced disappearance, especially Somchai's wife, Aungkana, as beacons for others to fight for justice for those who have suffered from abuse, kidnapping and murder at the hands of the security forces.

Suthep, who oversees security affairs and the police department, has been assigned to look into this matter.

Since 2005, the Department of Special Investigations (DSI) has overseen the investigation into Somchai's murder. The DSI's work has been much criticised because of the old mind-set and complacency. Worse still, the DSI team is comprised of former police officers.

Obviously, the DSI appears unwilling to use its full legal powers - such as court-sanctioned searches, seizure, arrest and subpoenas - to obtain and preserve essential evidence.

These points were also highlighted in a report carried out by the International Commission of Jurists, which has followed the criminal investigation. As a result, the ICJ has stressed that this negligence has undermined the government's obligations in domestic and international law to take all necessary measures to hold responsible those involved in enforced disappearances, including superiors who order such action or turn a blind eye to it.

The report concludes that failure to properly investigate and bring the perpetrators to justice is itself a violation of international law and has denied the victim's family effective justice under international law.

The reputation of Abhisit and Thailand is now hanging in the balance. The prime minister has done well to revive the case and has pledged to bring justice to all involved. At the moment, however, the criminal investigation has been delayed again because of the lack of evidence.

It is obvious the police are trying to block further progress that will implicate their own colleagues.

We fully support this government's effort to resolve this case. Abhisit will need the support of all the Thai people and the international community in order to complete this investigation as soon as possible.

The Ministry of Justice and the DSI have to fully cooperate with the government and hasten the investigation. Otherwise, their sluggishness will be viewed as a ploy to undermine the government and tamper with the investigation. Abhisit must assert his authority and see to it that all concerned authorities step up their work on the case.

Abhisit is scheduled to visit the UK on a bilateral visit and later on attend the G-20 Summit in London. He will be asked frequently about violations of human rights in Thailand and what he has done, and intends to do, to ameliorate the situation.

His strong conviction to protect and promote human rights is well known. What he must do now is to make sure that Thailand ratifies the International Convention for the Protection of All Persons from Enforced Disappearances and other enabling laws. Otherwise, how can he reconcile his high moral stance to the shoot-first talk-later habit at the enforcement level?

The answer will depend on his bold action and decisiveness. Otherwise, he will, like many other leaders before him, be held hostage by the tight brotherhood of civil and uniformed bureaucrats.



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