A/HRC/19/58
alleged threats received by Ms. Angkhana Neelaphaijit, President of the Justice and Peace
Commission and wife of Mr. Somchai Neelaphaijit, a human rights lawyer who
disappeared in 2004. According to the source, the threats coincide with the on-going legal
procedures concerning the case of Mr. Neelaphaijit.
628. On 5 July 2011, the Government replied to the prompt intervention letter. It reported
that it had always provided Ms. Neelaphaijit with protection in response to her safety
concerns. It further reported that the concerns related to her safety, which were raised
earlier by relevant special procedures mechanisms, were promptly and duly investigated, as
previously informed. The Government stated that, although the threats may coincide with
on-going legal proceedings involving Ms. Neelaphaijit’s husband and with her role as a
human rights defender, it would be presumptuous to draw any conclusion at this stage,
especially before the authorities concerned have completed all relevant investigations.
Information from the Government
629. The Government transmitted three communications to the Working Group.
630. In the first communication, dated 10 February 2011, the Government provided
information on six outstanding cases and requested clarifications from the Working Group
with regard to the 2010 Annual Report. Concerning one outstanding case, the Government
brought to the Working Group’s attention that, notwithstanding that in its 2009 Annual
Report (A/HRC/13/31, par. 552) it had been indicated that the six-month rule had been
applied to this case, the said case had not yet been clarified. The Working Group replied
that, due to a technical error, the letter informing the source about the implementation of the
six-month rule had not been sent. Therefore the six-month rule started to apply after the
Working Group’s ninety-third session. In addition, based on the information provided, the
Working Group decided to apply the six-month rule to two other cases. Regarding the
remaining three cases, the information provided was considered insufficient to lead to their
clarification.
631. In the second communication, dated 5 July 2011, the Government replied to the prompt
intervention letter sent on 16 February 2011.
632. In the third communication, dated 17 October 2011, the Government requested
clarifications concerning the suspension of the six-month rule with regard to a case. In
addition, it provided information to the Working Group concerning the remedies provided
to 28 persons who appear on the records of the Working Group, and noted that the
Government has taken all cases of alleged disappearances very seriously, especially in
addressing the plights of the families whose members had allegedly disappeared, thereby
providing them with appropriate remedies. Furthermore, the Government requested the
assistance of the Working Group in obtaining more specific information on the outstanding
cases. It also asked the Working Group whether the six-month rule could be applied to
seven cases for which the Thai Court had ruled to be disappearances. Finally, it replied to
the request for a visit, as well as informed the Working Group that the Cabinet of the Royal
Thai Government had approved the signing the Convention and its ratification is being
finalized.
Information from sources
633. Sources provided information on five outstanding cases. Regarding one case, the
source confirmed the information provided by the Government and, consequently, the case
was clarified. In addition, the sources contested the information provided by the
Government with regard to two cases to which the six-month rule had been applied.
Consequently, the Working Group decided, at its ninety-fourth session, to suspend the
application of the six-month rule to these two cases.
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