US embassy cable - 05BANGKOK1842

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