C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 001842

SIPDIS

DEPARTMENT FOR EAP/BCLTV

E.O. 12958: DECL: 03/14/2015
TAGS: PREL PHUM TH HUMAN RIGHTS
SUBJECT: THAI LAW SOCIETY CALLS FOR INDEPENDENT COMMISSION
TO INVESTIGATE MISSING MUSLIM LAWYER'S CASE

REF: A) BANGKOK 1454 B) BANGKOK 1775

Classified By: DCM Alexander A. Arvizu. Reason: 1.4 (d)



1. (C) SUMMARY: One year after the disappearance of a
prominent Muslim human rights attorney, the Law Society of
Thailand called for Prime Minister Thaksin Shinawatra to
establish an independent committee to investigate the
disappearance and presumed death of Somchai Neelapaijit. The
President of the Law Society (protect) claimed to Poloff that
he was pressured by the former Minster of Justice to withdraw
an appeal to the Royal Thai Police to have Somchai's case
transferred to the Department of Special Investigations (DSI)
because "influential persons" in the Police and DSI were
responsible for Somchai's death and therefore a higher-level
inquiry was too politically sensitive. As a series of other
commemorative events in Bangkok and Southern Thailand
continued, PM Thaksin stated that the Thai government "would
get the truth" about Somchai's disappearance. END SUMMARY


2. (U) On March 11-12, the Law Society of Thailand,
Chulalongkorn University, various human rights NGOs and the
Islamic Center of Thailand sponsored a series of events to
commemorate the one-year anniversary of the disappearance of
noted Muslim human rights lawyer, Somchai Neelapaijit.
Somchai was last seen on March 12, 2004 in Bangkok. He was
on his way to meet a colleague who was working with him to
defend 5 Thai Muslim men accused in the January 4, 2004 raid
on an army camp in Narathiwat province, where a large cache
of weapons was stolen. The raid left 4 Thai soldiers dead
and marked the beginning of an upsurge in violence in
Thailand's 3 southernmost provinces of Yala, Pattani and
Narthiwat that to date has left over 600 people dead.
Somchai's clients had been transferred to a prison in Bangkok
from a Crime Suppression Division facility after he appealed
for their move because of alleged torture by police in the
South. Somchai was recently described by Human Rights Watch
Asia as a local "Muslim folk hero" for his work (Ref A).


3. (U) Five Thai policemen have been charged with robbery and

kidnapping in Somchai's case. Their trial is scheduled to
begin August 9, 2005. Contrary to earlier reports, the five
men are still on active duty after posting bail in midyear

2004. The prosecutor in Somchai's case has stated that since
neither Somchai's body nor the murder weapon have been found,
murder charges cannot be filed against any of the five.


4. (U) On March 11, The President of Law Society of
Thailand, Dej-Udom Krairit, held a press conference to call
upon PM Thaksin to appoint a special committee, comprised of
RTG, professional association and NGO representatives to
further investigate the case of Somchai. They urged Thaksin
to demonstrate his commitment to statements made in his March
10 inaugural address, where he noted a willingness to uphold
human rights and engage NGOs in a dialogue about civil rights
in Thailand (Ref B). On March 12, during his weekly radio
address, PM Thaksin -- in a response that suggested he was
answering the appeal -- stated that the judicial process
continued in Somchai's case but that, "Sometimes, it's not
easy when those responsible are silent." He added, however,
that the RTG was close to understanding fully what had
happened. The Law Society's call for an independent inquiry
was timed with a petition to King Bhumibol by the Hong-Kong
based Asian Human Rights Commission to intervene in Somchai's
case.


5. (C) Dej-Udom revealed to Poloff in a private conversation
that the Law Society had submitted an official request to the
Ministry of Justice that Somchai's case be transferred to the
Department of Special Investigations (DSI) at the MOJ from
the regular Thai police. He said former Justice Minister
Phonthep Thepkanjana had told him personally that he must
withdraw the petition because "influential people" in both
the DSI and the Thai police were involved in Somchai's
presumed death and therefore the issue was too "political" to
handle. Furthermore, Phongthep reportedly implied it would
be fruitless to refer the case to DSI, since those involved
in Somchai's disappearance would thwart a truthful inquiry.
(Note: Phonthep's replacement as Justice Minister is Suwat
Liptapanlop, who previously served as Deputy Minister and is
associated with the former Chart Pattana party which folded
into the governing Thai Rak Thai party last year. End Note.)


6. (C) At a March 11 seminar sponsored by Chulalongkorn
University's Faculty of Political Science, Somchai's eldest
daughter, Prathapjit Neelapaijit, a 4th year Political
Science student at the university, eloquently recalled how
her father taught her to be humble, but to tell the truth.
"My father fought for the human rights of others, but in the
end, could not defend his own right to life." During
Poloff's private conversations with Prathapjit and Somchai's
widow, Angkhanaa Neelapaijit, the family expressed their
thanks to the United States for highlighting Somchai's case
in the 2004 Country Human Rights Report. Poloff assured them
of our continuing support for efforts to see justice for
Somchai, which he reiterated at a candle light ceremony on
the night of March 12 at Thailand's revered Democracy
Monument.


7. (U) At that ceremony, Somchai's family and NGO activists
draped a large white banner with a portrait of Somchai in red
and black across the face of the monument, which is centrally
located in "old" Bangkok, near the Grand Palace. The banner
read: "Somchai, 365 days later, the disappearance of one
means the disappearance of justice." Another event is
scheduled later this month to be held at the Prince of
Songkhla University's Pattani campus. Academics and NGO
activists are expected to speak and an exhibition about
Somchai's life and work will be featured.

8. (C) COMMENT: There is some positive momentum gathering in
the public discourse about human rights abuses in southern
Thailand. It's expected that former Prime Minister Anand
Panyarachun will announce the members of the National
Reconciliation Commission later this week. Thaksin's
comments about Somchai's case following a week highlighting
police involvement in his disappearance and the absence of
justice are certainly welcome. As the new cabinet is sworn
in later today, and new ministers settle into their new
duties, there exists an important opportunity for them to
uphold their oath and seek the truth for Somchai and his
family. END COMMENT.
BOYCE