A/HRC/22/45
453. The ninth, tenth, eleventh, and twelfth cases concerned Messrs. Wandi Gazi,
Abdullah Eitae, Manasay Lohlanay and Eruwan Masay, all from the Malayu indigenous
group, who, on 23 May 2007, were allegedly taken by six soldiers from a temporary
military checkpoint near a market, on the main road between Yaha district and Yala district,
Yala province, to an unknown location.
454. The thirteenth case concerned Mr. Saman Meethum who, on 2 June 2007, was
allegedly last seen near Loop village, Loop sub-district. According to the information
received, a police major from Yang Talat Police Station is reportedly believed to be
responsible for the alleged disappearance.
455. The fourteenth case concerned Mr. Kamol Lausophaphan who, on 7 February
2008, was last seen at Ban Phai Police Station, Khon Kaen province.
456. The fifteenth case concerned Mr. Roosaming Samamae who, on 10 March 2009
was allegedly arrested at local Beu-Reah Mosque by three men wearing army ranger
uniforms and wool facemasks.
General allegations
Summary of the general allegations
457. Information was submitted by sources concerning obstacles encountered in the
implementation of the Declaration on the Protection of all Persons from Enforced
Disappearance. This information was transmitted to the Government after the Working
Group‘s ninety-eighth session.
458. The source alleged that enforced disappearances have been carried out in Thailand
for many years as a method to stamp out dissent or to eliminate suspected criminals outside
of the rule of law.
459. The source also alleged that two official policies directly contributed to the creation
of an environment in which enforced disappearances along with other gross violation of
human rights have taken place: 1) the highly militarized counter-insurgency approach
adopted in southern Thailand by various regional governments beginning in 2001 under the
Thaksin Administration; and 2) the so-called War on Narcotic Drugs Policy implemented
by Prime Minister Thaksin in 2003.
460. The source argued that the counter-insurgency policies in the south led to the
implementation of three emergency legislative frameworks, namely, 1) Martial law, which
allows for detention of up to seven days for interrogation without a warrant or judicial
review and without the right to challenge the detention; 2) the Decree on Government
Administration in Emergency Situations issued in 2005, which allows for detention with a
court warrant without criminal charges for up to seven days and renewable for up to 30
days; and 3) the Internal Security Act, which reportedly allows for detention of anyone
suspected to be involved in insurgency or terrorism in a military training camp for up to six
months by the order of court without any requirement of pending criminal charges or
conviction. Such laws as well as the ‗good faith‘ clauses, which provide immunity for
officials from civil, criminal and disciplinary penalties for acts performed in good faith,
facilitate impunity for enforced disappearances as demonstrated in a number of documented
cases.
461. The source also argued that the counter-insurgency approach led to the militarisation
of the southern part of Thailand where currently 74, 000 security officers are deployed and
further 4000 troops are authorised to be deployed in the region. According to the source,
such militarisation of the region contributed to the increase in enforced disappearances.
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