Govt missing in action

It has been four years this week since ethnic Karen activist Porlachee “Billy” Rakchongcharoen went missing in what is believed to be an enforced disappearance. Billy, who fought against eviction orders and had been in conflict with government officials at Kaeng Krachan National Park in Phetchaburi, was last seen on April 17, 2014, in the custody of state officials.

He was arrested by Chaiwat Limlikhit-aksorn, the then park chief, who claimed he detained Billy because he found wild honey in the activist’s possession after finding him roaming in the protected forest. The government is seeking world heritage status for the forest.

At the time of his arrest, the activist was helping relatives, a group of ethnic Karen, sue Mr Chaiwat for setting fire to their bamboo huts and rice barns in a series of violent forest evictions. On that fateful day, witnessss said Billy was heading home after compiling Karen testimonies for a court case.

Mr Chaiwat admitted holding the activist in custody but insisted he released him after a warning. His claims were disputed by Billy’s family who later filed a series of complaints with the authorities. At the forefront of the fight was Pinnapa “Mueno” Prueksapan, a Karen woman and the activist’s common law wife.

But nothing happened. Mr Chaiwat and his team faced a murder charge related to Billy’s disappearance but were eventually acquitted for lack of evidence and were reinstated into state service. Mr Chaiwat is tipped to take up a senior position in the Ministry of Natural Resources and the Environment.

This week rights activists staged an event to commemorate Billy’s disappearance in the hope of drawing public attention back to the case.

It’s clear that Billy and his community are victims not only of state violence, but also bureaucratic lethargy that prevents justice from running its course. The performance of those investigating this enforced disappearance is more than a disappointment.

One of the most disappointing agencies is the Department of Special Investigation which treated the case like a hot potato and showed a reluctance to step in and guarantee justice. There were reports that DSI officials were daunted by the case as it involves other state agencies.

Last year, the DSI eventually turned down a request by Ms Pinnipa, who has five children with Billy, that it take on the case on the ground that she was not his legal wife. Such an explanation is not acceptable by any standards.

However, in what is perceived as an about-face, the DSI and the Justice Ministry this week said the agency will accept the case, with Billy’s mother representing the family. But this is still far from convincing the public.

The delay in the justice process is extremely unfortunate. The longer the delay, the more complicated the case will become. Evidence has likely been tainted or destroyed.

There are similarities in this case and that of human rights lawyer Somchai Neelapaijit who remains missing 14 years after being abducted in the heart of Bangkok. There appears to be no hope in this case, either. Despite relentless efforts from Somchai’s family, no culprits have been punished.

Both men became enemies of the state because they confronted the authorities and fought against injustice, while flaws in the justice system has ensured no one has been held accountable.

Several international organisations have made calls for the government to do more to ensure justice.

Among them are the International Commission of Jurists and Amnesty International which slammed the government for failing to establish an efficient legal and institutional framework to prevent involuntary and enforced disappearances.

They are right. The government really needs to do more.