Asian Federation Against Involuntary Disappearances

TABLE OF CONTENTS

EDITORIAL

COVER STORY

- Realizing A World Without Desaparecidos

COUNTRY SITUATIONS

- The Making of Nepal’s Anti-disappearance Law

- Disappearances & Fake Encounters

NEWS FEATURES

- Claimants 1081

- Tracing Patterns of Disappearances in Latin America

- For the Want of Peace & Justice

- Probing Deeper into Munir’s Death

- Out of the Shadows

- Reclaiming Stolen Lives

PHOTO ESSAY

INTERNATIONAL SOLIDARITY

- Growing Federation

- At the Heart of Buenos Aires

REPRINT

- Submissions to the Independent Group of Eminent Persons

STATEMENTS

- Exhuming Truth

- Joint Statement of Independent Observers for the GRP - NDF Peace Process

POEM

- Of The Vanished

News Feature

It is impossible to determine the time when enforced disappearances formed part of Thailand’s history. But it is also impossible to deny that the phenomenon of disappearances is a chronic condition of contemporary political affairs.

Enforced disappearances ensued from the violent government crackdown on pro-democracy activists during the 1992 coup d’état. Despite the massive number of disappearance cases at that time, only 36 were reported to the United Nations Working Group on Enforced or Involuntary Disappearance (UNWGEID).

Since then, a group of families of the disappeared organized themselves to demand compensation from the government.

In 2003, the government launched a “War on Drugs,” thus resulting in over 2,500 cases of extrajudicial killings and disappearances. None of these cases have ever been investigated. Enforced disappearance as an issue remained “taboo.” Many people were aware of such violations yet nobody dared to speak of it in public. Families of the disappeared were left to suffer in silence and on their own.

This changed in 2004 when Somchai Neelaphaijit, a prominent human rights lawyer, suddenly disappeared. Prior to his disappearance, he was defending five Malay Muslims from Southern Thailand, an area ravaged by violent conflict. Over the last three years, more than 2,000 deaths have been recorded. For many Muslims in this part of the country, Atty. Neelaphaijit was their only hope to attain a legal and fair trial. But their hope was snatched from them in broad daylight in Bangkok on March 12, 2004.

Somchai’s disappearance has stirred so much controversy that it has become the most decisive high profile impunity case. His wife, Mrs. Angkhana Neelaphaijit, launched a public campaign demanding justice for her husband’s disappearance. Her campaign has turned her into the leading human rights defender in Thailand. She is a strong public icon; fearless in challenging the authorities in her pursuit of truth and justice.

Angkhana brought the case to the attention of the UN Human Rights Commission. She also filed a lawsuit against five police officers who were suspected of abducting Somchai. The trial marked a milestone in Thailand’s justice system as this was the first time that police officers were put on trial in connection with disappearance. Four of the five officers, however, were acquitted due to weak evidence. One was sentenced to three years in prison on the charges of coercion and robbery. All are back on duty. Responsibility over the abduction does not only involve the police officers, but also higher officials in the government. Yet, they are still “untouched” to account for their crimes. Consequently, the Neelaphaijit family has not received justice much more answers from the government.

With the increased hostilities in Southern Thailand brought about by the Emergency Decree imposed by the Thaksin administration, disappearance cases have augmented as well. There is, however, no reliable statistics yet. Informed persons put the numbers in the hundreds. Due to the lack of effective avenues for grievances, mistrust on the authorities and overwhelming fear, families of the victims do not speak up. The ones who dared to do so received dire threats.

Angkhana’s courage and strength to challenge the government served as an inspiration and encouragement for many of these families to come forward and seek justice for their disappeared loved one. Their outcry has pressured the government to include the families in the financial assistance scheme intended for the victims of violence in the South. Despite this monetary support, the government continues to deny them real justice. Perpetrators remain unidentified and the truth is still concealed.

More than inspiration and encouragement, Angkhana forged solidarity among many local and international organizations as more and more people came together to support her campaign. This further gave her the strength and confidence to carry on with her mission. Soon after, a network of activists working on disappearances in Thailand formed the Working Group on Justice for Peace. The network’s main focus is to support the family members of the disappeared. It aims to bring the families together as a group to support each other through the hardships, enhance their sense of security and build their level of confidence. Due to the sensitivity of the issue, the Working Group has remained small but the members are working diligently to address the issue of disappearances in Thailand through the:

1.    Establishment of a channel of complaint for disappearance cases;

2.    Facilitation of psychosocial, financial and legal support for the families;

3.    Initiation of an exhumation process;

4.    Implementation of the International Convention against disappearances and the changes in legislation, i.e. inclusion of disappearance as a crime in the Penal Code; and

5.   Calls urging the government to actively stop disappearances and hold the perpetrators accountable.

The group’s work with the families of the disappeared has demonstrated the difficulty of bringing about people’s transformation from being a victim to an agent of change. The climate of fear combined with pain and hopelessness seems too large to overcome.

In December 2006, a three-day rehabilitation session was organized for 20 families with the support of the Asian Federation Against Involuntary Disappearances. For many, it was the first time to meet with others who have suffered the same fate. For everyone, it was the first time they were able to speak freely, express their emotions and share their experiences and feelings. The pain of their loss and their fear of the authorities has left them to suffer silently and drowned in loneliness and hopelessness. However, the three-day session helped the participants find the strength and inspiration to change their fate and fight for their rights. They bonded and promised to support and stand by each other in this fight for justice.

The outcry and struggle in support of victims of disappearances in Thailand have just begun but the impact has already been felt. The public is aware of the problem of disappearances and the government can no longer cover up the fact that state agents are perpetrating horrendous abuses. Hopefully, with a strong sense of solidarity, the families of the disappeared will some day learn the truth and receive justice for their loss.

Diana Sarosi has been working with Nonviolence International, Southeast Asia in Bangkok for 3 years. She is a member of the Working Group on Justice for Peace, an organization assisting families of the disappeared in Southern Thailand.

VOICE August 2007