Fears regarding enforced disappearances arose during and after the crackdown on ‚Red Shirt‛ demonstrators in April and May 2010 in Bangkok and other provinces. Human Rights Watch69 reported that the Mirror Foundation, an NGO group working on missing persons, reported that there were three categories of missing: (1) those who had been killed or injured during the clashes, (2) those who had gone into hiding voluntarily, and (3) those who were believed to be in detention. The NGO reported making good progress in locating either the remains or the living person in regard to the first two categories. However, because the Thai Government refused to make public lists of those detained for several months, it was impossible to clarify if some of those reported missing were detained, dead or enforcedly disappeared. Human Rights Watch documents the story of one protester who was detained with no contact with relatives for two weeks or contact with a lawyer for six weeks (19 May to 3 July). During this period people detained in this manner were essentially enforcedly disappeared. The Peoples’ Information Centre: April-May 2010 (PIC), which took over research on the remaining cases of missing persons from the Mirror Foundation and conducted their own research, found that they have not been able to account for the whereabouts of some people who were reported by the relatives to be missing following the April/May protest period.
Part IV. Remedies International human rights law guarantees victims of a human rights violation the right to remedies. Through analysis of international and regional law and jurisprudence, the International Commission of Jurists (ICJ)70 finds that remedies should include the rights to: Investigation; Truth; Cessation and guarantees of non-repetition; and Restitution, compensation, rehabilitation and satisfaction. These rights are also guaranteed in the International Convention for the Protection of All Persons from Enforced Disappearances: Article 3 and 12 (investigation), Article 24 (truth), article 24 (cessation and guarantees of non-repetition) and Article 24 (restitution, compensation, rehabilitation and satisfaction). The ICJ further finds that remedies must be practical, effective, prompt and accessible; provided by an independent authority; capable of leading to relief, including reparation and compensation; include a prompt, effective and impartial investigation; and be expeditious and enforced by a competent authority. Enforced disappearances involve numerous human rights violations. Each violation brings suffering to the victim and the relatives of the victim. By placing the victim outside of the protection of the law through the denial of knowledge of the victims’ whereabouts, the family is placed in a situation of ongoing agony of not knowing what has happened to their loved one. They are unable to seek legal
Human Rights Watch, Descent into Chaos: Thailand’s 2010 Red Shirt Protest and the Government Crackdown, May 2011. 70 See International Commission of Jurists, The Right to a Remedy and to Reparation for Gross Human Rights Violations: a practitioners’ guide, 2006. 69
Published on Jun 6, 2012