The wife of human rights lawyer Somchai Neelapaijit on Thursday criticised the suspension of an investigation into his disappearance on the grounds that no culprits had been found.
Angkhana Neelapaijit submitted a letter to Pol Col Paisit Wongmuang, director-general of the Department of Special Investigation, to oppose a special cases committee’s resolution on Oct 5.
The DSI informed Mrs Angkhana of the suspension resolution in a letter after 11 years and nine months of investigation, saying no new evidence and suspects had come to light.
Pol Col Paisit earlier said investigators had examined all the evidence including sites where Mr Somchai's body was allegedly disposed of by burning. The remains were retrieved for forensic examination but specialists could not identify the body because of the poor sample quality.
Mrs Angkhana argued there was no statute of limitations on enforced disappearance and the state was duty-bound to find Mr Somchai, according to International Convention for the Protection of All Persons from Enforced Disappearance.
“The case of enforced disappearance is not a normal criminal offence. It’s a murder case without a body because the culprits have destroyed and concealed the body. To claim that no body was discovered as a reason for ending the investigation is not right and not fair to the family of the missing person.
“The DSI must find other ways to resolve the case. If a murder case without a body means no justice can be served, how will it deal with future enforced disappearances in society?" Mrs Angkhana noted.
The DSI should have discussed with the family whether the probe should end before making the resolution. Instead, it merely sent the letter notifying the result, Mrs Angkhana added.
Mrs Angkhana, a member of the National Human Rights Commission, said the National Legislative Assembly will soon deliberate a draft law on the prevention and suppression of torture and enforced disappearance.
Therefore, the DSI should proceed with Mr Somchai's disappearance -- the only enforced disappearance case the bureau had accepted -- until the draft law is promulgated. that way it would gain acceptability for its work standard from the international community.
Pol Col Paisit said he would review the panel’s decision as requested by Mrs Angkhana. He affirmed the case had not been closed and was only suspended for the time being until new evidence emerged.
He admitted that the investigators could not find any evidence linked to the people involved in the case, making it impossible to indict them.
Last year, the Supreme Court ruled to acquit five police officers suspected of abducting Mr Somchai in March 2004. Mr Somchai went missing while representing five southern Muslim insurgents who claimed they had been tortured by police. Witnesses reported seeing five policemen bundling the lawyer into a car on Ramkhamhaeng Road in Bangkok.
Pol Col Paisit said the decision was in line with the DSI’s procedures when an investigation made no progress and wrongdoers could not be identified. The DSI was ready to proceed once the prevention and suppression of torture and enforced disappearance act became law, he added.