
Angkhana Neelaphaijit, wife of missing Muslim lawyer Somchai, lodges a request with the Civil Court yesterday, asking it to rule on Somchai as a legally missing person./Kunlaphun Sirimamporn
The prominent lawyer has been missing since March 12, 2004, after disclosing that his clients, suspected insurgents in the deep South, were tortured during interrogation.
It is widely believed that he was kidnapped by the police officers involved in the torture. In January 2006, the Criminal Court sentenced Pol Major Ngern Thongsuk from the Crime Suppression Bureau to three years in jail. Ngern is reportedly on the run after being granted bail during appeal.
Many previous governments instructed involved agencies, including the Department of Special Investigation (DSI), to search for Somchai but efforts have been in vain so far.
Even Prime Minister Abhisit Vejjajiva, after taking office, ordered the DSI to look for Somchai but so far the department has not found any clues to indicate the whereabouts of the lawyer.
The DSI, assuming that Somchai might already have died, has instructed forensic experts to look for his body or parts of his body.
Angkana is seeking a Civil Court injunction to declare Somchai as missing, a status similar to the death of a person, so she can be legally allowed to manage the family's assets and properties. The Civil Code's Article 61 indicates that a person who has disappeared for five years can be deemed a "missing person".
Angkana said she was not able to manage any of their assets over the past five years since married couples needed permission from their spouse to make any property deals. The court will listen to initial testimonies on May 18.