Despite the fact that he disappeared 12 years ago since 2004, the name Somchai Neelapaijit, a renowned human rights lawyer, appeared on the draft charter referendum voter list.
Angkhana Neelapaijit, the head of the sub-commission on political rights of the National Human Rights Commission (NHRC), on Tuesday, 2 July 2016, posted a Facebook status on her Facebook account that Somchai Neelapaijit, her disappeared husband is still eligible to vote for upcoming draft constitution referendum, which will be held on 7 August 2016.
“#RightToVote Somchai Neelapaijit disappeared since 12th March 2004, Somchai still have right to vote for the referendum 7th August 2016.” wrote Angkhana on her Facebook. “#EnforcedDisappearance is the #ContinuousCrime.”
The facebook message was posted together with an image of an official letter from the Thai authorities sent to informed people about the referendum, which listed Somchai as one of the voters of Neelapaijit family's house in Bangkok.
Somchai disappeared almost 12 years ago while he was representing separatist suspects from the Muslim Deep South in a case where weapons were stolen from Narathiwat Rajanagarindra Army Base in Cho-airong District of Narathiwat Province.
He disappeared on 12 March, 2004, a few days after he found out that his clients had been tortured and forced to confess while in the hands of the Crime Suppression Division (CSD) and exposed the torture allegations. He was forcibly disappeared by five police officers, some of whom were identified by Somchai’s clients as the torturers.
After 11 years of legal struggle by Somchai’s family, the Supreme Court of Thailand in December 2015 confirmed the Appeal Court acquittal of five policemen accused of involvement in the enforced disappearance of Somchai.
The court reasoned that the primary evidence in the case, the phone records of the five police officers, was weak and the testimony of witnesses was unreliable and contradictory.
The Supreme Court also ruled then that the Neelapaijit family cannot act as joint plaintiff on Somchai’s behalf because it cannot be confirmed that he was murdered or injured to the extent that he is unable to act for himself.
In other words, the court requires evidence of the body of a victim of enforced disappearance before ruling that he was dead as Thailand has not yet criminalized enforced disappearance. This means the current law only recognizes a murder case when there is a dead body.
The image of an official letter from the Thai authorities sent to informed people about the referendum, which listed Somchai as one of the voters of Neelapaijit family's house in Bangkok (Photo from Angkhana Neelapaijit Facebook Account)
Somchai Neelapaijit