SOMCHAI VERDICT

C O N F I D E N T I A L BANGKOK 000235 SIPDIS SIPDIS E.O. 12958: DECL: 01/11/2016 TAGS: PHUM TH HUMAN RIGHTS SUBJECT: SOMCHAI VERDICT REF: 05 BANGKOK 2839 AND PREVIOUS Classified By: Deputy Chief of Mission Alex A. Arvizu, reason 1.4 (b) ( d) ¶1. (U) This is an action request. Please see para 5. ¶2. (C) On January 12, the Thai First Sentence Criminal Court announced a verdict in the case of missing Muslim lawyer Somchai Neelaphaijit that is certain to disappoint most followers of this case. Five police officers had been charged with the relatively minor offenses of gang-robbery and coercion. Of the five defendants, four were acquitted today and a fifth was found guilty only on the charge of coercion. The court reasoned that since Somchai's whereabouts are unknown, it cannot rule that he was robbed. His car was found, and he might still have his personal belongings with him. The one defendant found guilty was sentenced to three years in prison. An eyewitness had identified that defendant as one of the people seen forcing Somchai into a car the night of March 12, 2004. ¶3. (C) This verdict is certain to disappoint the numerous human rights groups and legal associations who have been closely monitoring the trials progress. The RTG has already come in for well-deserved criticism for the weakness of the investigation, which resulted in such minor charges being brought in the first place. Somchai's wife, Mrs. Angkana Wongrachen, immediately voiced her dissatisfaction to the media following the court proceedings. Outside the courtroom, Poloff spoke with representatives from the Thai Muslim Lawyers Association, who assured us that an appeal would be filed within the next 30 days. ¶4. (U) Post will follow up with a more detailed analysis of the verdict and its implications SEPTEL. ¶5. (C) Action request: Post believes it would useful if Department would issue a statement. If Department does not plan to issue a statement, post plans to issue the statement itself. Draft text below. BEGIN DRAFT TEXT: The Disappearance of Somchai Neelaphaijit Somchai Neelaphaijit, a prominent Muslim lawyer, disappeared on March 12, 2004. Mr. Neelaphaijit disappeared shortly after filing a complaint on behalf of five clients alleging they were tortured while in police custody. He was the attorney for several Muslim defendants accused of security-related offenses. Witnesses saw him being forced into a car on a Bangkok street. Five policemen were subsequently charged only with "coercion" (for forcing the victim into a car) and "gang robbery" (for the theft of the victim's possessions.) On January 12, 2006, four of the accused were acquitted. One defendant, who had been identified by an eyewitness at the scene, was sentenced to three years in jail on the charge of coercion. We are deeply concerned that no one has been brought to justice for the disappearance and probable death of this respected attorney. We call on the Royal Thai government to mount a serious and competent investigation into this very troubling case, and to prosecute those who committed this crime to the full extent of the law. end text. BOYCE