A/HRC/10/9
page 78
alive or being detained. In three cases, the Government provided additional information on
ongoing investigations. The information was insufficient to clarify the outstanding cases. The
latter communication expressed the Government’s disagreement with the contents of the press
release issued by the Working Group on the International Day of the Disappeared and noted its
ongoing cooperation with the Working Group.
Information from sources
392. Information was received from the source concerning nine outstanding cases, requesting
the Government to provide substantive and detailed information concerning the investigations
currently being carried out.
Prompt intervention
393. On 26 February 2008, the Working Group sent a prompt intervention letter to the
Government, together with the Special Rapporteur on the situation of human rights defenders
(listed as an urgent appeal under that mandate’s records). The letter concerned the wife of a
human rights lawyer who disappeared in 2004. The Department of Special Investigation decided
to transfer the witness protection she was receiving from civilian officers to police officers, who
were on trial in connection with her husband’s disappearance. As a result, she withdrew from the
programme, and concern was expressed for her physical and psychological integrity.
394. On 1 October 2008, the Government responded, indicating that she was placed under
Thailand’s witness protection programme in 2004, and that her protection remains the
responsibility of the Department of Special Investigation (DSI), Ministry of Justice, and not the
police authorities.
395. The Government also noted that there has been concrete progress on the case, after the
appointment of the new director of the DSI, who was allegedly the superior officer of the police
officers currently accused in connection with the lawyer’s disappearance. The Government
informed that it does not condone the case of suspected disappearance reported to the authorities
and that all cases have been investigated.
General allegations
396. Information was submitted by credible sources to the Working Group concerning obstacles
reportedly encountered in the implementation of the Declaration. This information was
transmitted to the Government.
397. It was reported that five of the suspects in the case of disappeared lawyer
Somchai Neelapaichit are senior and mid-ranking police officers. There are reports that there has
been a lack of police cooperation with Department of Special Investigation investigations and
that there are other measures which may curtail or impede the investigation.
398. It was also reported that witness protection provided to the wife of Mr. Neelapaichit was
withdrawn, replaced with police officers and later reinstated, but still under review, in possible
contravention of article 13.3 of the Declaration.
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