Thailand: enforced disappearances

Thailand: enforced disappearances

ICJ affiliate the Colombian Commission of Jurists today delivered an oral statement at the UN Human Rights Council, concerning enforced disappearances in Thailand.

The statement noted that of the 81 cases transmitted by the Working Group on Enforced or Involuntary Disappearances to the Royal Thai Government between 1980 and 2014, the Government has clarified only two (A/HRC/27/49, 5 August 2014).

The statement highlighted the case of Somchai Neelapaijit, a lawyer and human rights defender, who was subjected to enforced disappearance more than 10 years ago but whose case remains unresolved. I also described the recent disappearance of Pholachi “Billy” Rakchongcharoen, a Karen minority human rights activist, who has not been seen since April 2014, when he was last seen in the custody of certain public officials with whom he and his community were engaged in an ongoing legal dispute.

The statement emphasised that Thailand must effectively investigate all cases and provide victims, including family members, withfull remedies and reparation. Enforced disappearance should be a distinct crime in domestic law, with penalties reflecting its extreme seriousness. Thailand should also accept the 30 June 2011 visit request of the Working Group and ratify the Convention for the Protection of All Persons from Enforced Disappearance, which it signed on 9 January 2012.

Thailand exercised its right of reply to respond to the oral statement.

The statement can be downloaded in PDF format here: Thailand-EnforcedDisappearance-Advocacy-non legal submission-2014-ENG

The statement and reply can be viewed in the UN video archive, here.

A written version of the reply by Thailand (unofficial, the official reply is as delivered in the video above) can be downloaded in PDF format here: Thailand_R of Reply_GD_18

ICJ experts at Global Consultation on the Right to Challenge Detention

ICJ experts at Global Consultation on the Right to Challenge Detention

Matt Pollard and Alex Conte, of the ICJ’s International Law and Protection Programmes, will give presentations during the Global Consultation on the Right to Challenge the Lawfulness of Detention, to be held in Geneva on 1-2 September 2014.

The UN Working Group on Arbitrary Detention, in cooperation with the Office of the UN High Commissioner for Human Rights, will convene the Consultation. The aim of the two-day meeting is to seek input on the development by the Working Group of draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty, by arrest or detention, to bring proceedings before court, in order that the court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is not lawful.

ICJ experts, Matt Pollard and Alex Conte, will be members of two panel discussions during the Global Consultation, respectively on the framework, scope and content of the right to court review of detention and on exercise of that right in situations of armed conflict, state of emergency or for counter-terrorism purposes.

The ICJ has already made two written submissions to the Working Group on Arbitrary Detention on the subject, in November 2013 and April 2014.

Go to the OHCHR webpage on the Global Consultation

See the ICJ’s written submissions to the Working Group on Arbitrary Detention

Pakistan security legislation and violations of the right to life

Pakistan security legislation and violations of the right to life

The ICJ today delivered an oral statement  on extrajudicial, summary or arbitrary executions, expressing concerns about recent and pending legislation in Pakistan on the use of firearms and other force by law enforcement officials.

The joint statement, delivered at the UN Human Rights Council during the interactive dialogue with the Special Rapporteur and on behalf also of the Human Rights Commission of Pakistan (HRCP), expressed appreciation for the Special Rapporteur’s emphasis in his study on the issue, on the need for states to bring domestic laws on the use of force by law enforcement agencies, into line with international standards.

The statement noted that it was not clear whether the Protection of Pakistan Ordinance (PPO) 2013, which is currently in force, and the proposed Protection of Pakistan Bill (PPB) 2014 currently being debated in Parliament, were provided for review.

The statement explained how the PPO and PPB contain provisions that give law enforcement agencies overbroad powers to use firearms without independent accountability, in contravention of international standards. They increase the risk of use of excessive and lethal force and arbitrary deprivation of life.

The full statement may be downloaded in PDF form: Advocacy-HRC26-SREJEs-12062014.

The Report of the Special Rapporteur is available here.

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