THAILAND

The October 1973 military attacks against student-led unarmed demonstrators who demanded the end of military rule in Thailand killed 70 civilians[1] and caused an unknown number of disappearances.[2] History repeated itself in May 1992 when the Thai military was again called out to repress widespread and popular demonstrations condemning the rule of General Suchinda Krayprayon who seized power in a coup d?etat the previous year. The May 1992 repression left 52 dead,[3] thousands under arrest[4] and a reported 293 disappearances[5]. 

Since 2004, counter-insurgency operations by the Thai military have led to allegations of enforced and involuntary disappearances in the Southern districts of Thailand where martial law has been imposed in some districts and new laws provided scope for the security services to arrest without charge. Suspected militants, opposition figures and human rights defenders have disappeared while in custody of the security forces under counter-terrorism measures or after abductions. 

Legal/Institutional Guarantees

Several government-initiated commissions have been formed since 1992 to investigate the incidents of May 1992, but no uncensored public reports have been released by them. In 1995, a group of families of the victims of the May 1992 military repression, called the Relatives Committee of the May 1992 Heroes, launched legal action against the 5 leaders of the National Peace Keeping Council (NPKC) who allegedly ordered the troops to use arms against unarmed demonstrators.[6] Their legal action was obstructed by a Pardon Provision, which exempted the 5 NPKC defendants from any future prosecution by either the civil or supreme courts of Thailand.[7] 

In 2001, the National Human Rights Commission (NHRC) of Thailand was established under provisions of a new constitution adopted in 1997. The NHRC has limited mandate to investigate and redress past human rights violations, including events of May 1992.[8] Government restrictions and financial constraints impede the NHRC from operating autonomously and in full accordance with the Paris Principles regarding the status and functioning of national human rights institutions.[9] Although the NHRC can issue reports of any findings and make recommendations, it does not have the authority to make legal decisions or order other government institutions to take legal actions against human rights violators.[10] 

The NHRC has faced strong criticism and lack of cooperation from the government in instances where it exposed human rights abuses by the police or security forces. Thailand?s current Prime Minister openly accused NHRC commissioner Pradit Chareonthaitawee of being unpatriotic after the commissioner, at a March 1993 UN conference, criticized the Thai police force for its inadequate investigations of the drug war and extrajudicial killings of drug suspects.[11] Following this, commissioner Chareonthaitawee received death threats over the telephone from anonymous sources in March 1993 for speaking of violations in Thailand at the UN conference.[12] 2 other NHRC commissioners, Vasant Phanich and Jaran Dittha-Apichai, received anonymous threats of death and abduction in 2004 after they investigated and reported human rights abuses in the southern districts of Thailand.[13] These incidents have fueled a climate of fear for human rights defenders and impeded investigations of incidents of enforced and involuntary disappearances. 

Present Status: 

The disappearance of a prominent Thai human rights lawyer, Somchai Neelapaijit, has recently generated fear, concern and outrage within the country and abroad. Somchai Neelapaijit legally represented several Thai Muslims suspected of participation in insurgency in the Southern provinces. Attorney Neelapaijit revealed in court that his clients were tortured during police interrogations,[14] and some of them were subsequently acquitted due to lack of evidences. Attorney Neelapaijit was seen being forcefully abducted by eyewitnesses on 12 March 2004 in Bangkok, following anonymous death threats.[15] 5 policemen alleged to have been involved in his disappearance have been charged with robbery, but not abduction, and their trial is expected to conclude in January 2006. Between 2003 and 2004, about 10 others have been reported missing in the Southern provinces of Thailand.[16]