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Committee are to: (a) collect and identify information about missing Commission persons in the South, and (b) to present information of missing persons to the Ad-hoc Commission. This Committee has conducted some investigation on already documented cases of enforced disappearances, with the intention of establishing the cases where compensation should be paid. While this is an important element of remedies, bodies that focus on and empower families to establish the truth in cases of enforced disappearance are desperately needed in Thailand. Given these past experiences of truth seeking mechanisms, there is genuine concern about the ability to establish the truth in cases of enforced disappearances in Thailand. Despite past experience, it is essential that official efforts to establish the truth in cases of enforced disappearances are undertaken. In several countries official, though independent, disappearance commissions have been established. 4.3 Right to restitution, compensation, rehabilitation and satisfaction

The right to restitution involves restoring the victim, in this case the relatives, to the original situation before the enforced disappearance. Compensation should be provided for any economically assessable damage. Rehabilitation should include medical and psychological care as well as legal and social services for the relatives of the enforcedly disappeared. Satisfaction includes: effective measures aimed at the cessation of continuing violations (see below); verification of the facts and full and public disclosure of the truth (see above); the search for the whereabouts of the enforcedly disappeared; an official declaration or a judicial decision restoring dignity; public apology; judicial and administrative sanctions against persons liable for the violations (see above); and commemorations and tributes to the victims. Of the 29 incidents in which relatives provided information on remedies to JPF, 23 stated that different forms of restitution and compensation were important to them. This included financial support from the Government, educational scholarships for their children, and assistance with job training and employment. In 17 of the cases of enforced disappearances, excluding the relatives of May 1992 the families of the enforcedly disappeared had received some form of compensation. Cases in which some form of compensation has been provided are mostly in southern Thailand, with the exception of the family of Somchai Neelapaijit and the family of Tanong Pho-an. Relatives of the enforcedly disappeared in the north, west and in Isaan have received no compensation. Some relatives reported that they did not know how or where to seek compensation. JPF found that those with access to some legal aid or NGO assistance had had more success in obtaining some compensation. In 20 of the incidents, the family reported facing economic hardship as a result of the disappearance. In cases where the enforcedly disappeared person was very young and not yet married the family did not report economic hardship at that time. In 19 of the incidents, the family reported experiencing some form of emotional difficulties as a result of the disappearance. In August 2005, Prime Minister Thaksin established the National Reconciliation Commission under which a Sub-Committee was established with a responsibility to provide compensation for relatives of the disappeared in southern Thailand. This Sub-Committee used lists of the enforcedly disappeared provided by the Young Muslim Association of Thailand and the Working Group on Justice for Peace

Enforced Disappearances in Thailand  

Enforced Disappearances in Thailand

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