Window of Opportunity for Human Rights in Thailand

November 1, 2006



UPDATE: Since this alert was posted, there have been several promising developments. On November 2 interim Prime Minister Surayud apologized to the Malay minority in the south for past abuses. The same day officials announced that human bones found in Ratchaburi province were being tested to see if they were the remains of "disappeared" lawyer Somchai Neelaphaijit and that new murder charges might be pending. Now the Thai government must deliver: to avoid yet another ineffective trial, new arrests must be based on adequate, carefully collected evidence. If you have not yet taken action, please do so below - your support is especially important at this pivotal time.

On October 20, unknown attackers shot and killed Muhammad Dunai Tanyeeno, the head of a village in Tak Bai district, Narathiwat. He had been working with victims and families affected by the 2004 Tak Bai incident, when 78 protestors died of suffocation in military trucks. 

Tanyeeno was one of more than 20 human rights defenders who have been killed in Thailand in the last five years.

The investigation of the most prominent case, missing lawyer Somchai Neelaphaijit, has reached a pivotal stage. After two years of disappointing results, changes to the investigation team and new suspects could lead to progress, but only if Thailand’s new leadership shows political will.

It has been six weeks since the September 19 coup, which unseated the civilian government and revoked the constitution. Military officers appointed a retired general as a civilian prime minister and pledged to quickly lift martial law and begin drafting a new constitution. These promises must be accompanied by concrete steps.

Please urge the Thai government to

• Investigate the deaths and disappearances of more than 20 human rights defenders over the last five years, including Muhammad Dunai Tanyeeno and missing lawyer Somchai Neelaphaijit.
• End martial law nationwide and revoke the imposition of the emergency decree in Thailand’s south.

Background

• Read report on Human Rights Defenders and Counterterrorism in Thailand

http://www.humanrightsfirst.info/pdf/06713-hrd-thailand-rep-web.pdf

• Read Human Rights First letter to interim Prime Minister Surayud Chulanont

http://www.humanrightsfirst.info/pdf/061004-hrd-thai-coup-chulanont.pdf

Sample Letter

Interim Prime Minister Surayud Chulanont
C/o Royal Thai Embassy
1024 Wisconsin Avenue, NW, Suite 401
Washington, DC 20007

Dear Prime Minister Chulanont:

The coup on September 19 raised significant concerns about the rule of law and respect for human rights in Thailand. At the same time, the new government has indicated a willingness to change course from the counterproductive policies of the Thaksin administration. Without concrete measures that lead to accountability and an end to abuses by security forces, changes in rhetoric will have little positive impact.

The restoration this month of the well-regarded Southern Border Provinces Administrative Center raises hope for improved relations between security forces and local communities in the south. However, the arrest and detention of local residents based on little or no evidence will continue to create mistrust and tension. As an essential first step, I urge you to work for the revocation of the emergency decree in the three southern provinces and of martial law nationwide. I welcome recent statements by senior officials that the Emergency Decree is no longer necessary, and would be lifted by January. Such exceptional measures, and especially detention without charge, encourage abuses and are an obstacle to reconciliation and peaceful resolution of the conflict.

In the case of the missing lawyer Somchai Neelaphaijit, there have also been developments that could lead to progress. The Department of Special Investigations has reportedly added new investigators and identified new suspects. However, given the failure to meet previous pledges, skepticism remains that the investigation will lead to new evidence or charges. The resolution of this disappearance is essential to the protection of human rights defenders in Thailand. More than 20 defenders have been killed in the last five years.

The 1998 U.N. Declaration on Human Rights Defenders adopted by the General Assembly affirms the right to promote and to strive for the protection and realization of human rights. Article 9(5) states that the State shall ensure that a prompt and impartial investigation takes place whenever there is reason to believe that a violation of human rights has occurred.

I urge you to take immediate steps to protect human rights defenders in southern Thailand and throughout the country by investigating cases such as that of Muhammad Dunai Tanyeeno and Somchai Neelaphaijit, and by ending the Emergency Decree and martial law, which permit detention without charge and impede the work of defense lawyers.

Thank you for your attention to this matter.

cc.

General Sonthi Boonyaratglin
C/o Royal Thai Embassy
1024 Wisconsin Avenue, NW, Suite 401
Washington, DC 20007