Thaksin Shinawatra

Prime Minister

Government House

Pitsanulok Road, Tusit District

Bangkok  10300

Thailand

23 August 2006

Dear Prime Minister,

RE: Mr Wasant Panich – Thai lawyer

We are writing on behalf of the Human Rights Institute of the International Bar Association in connection with the wellbeing of Mr Wasant Panich, lawyer and human rights defender.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents.  The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal professional world wide.

It has been reported that Mr Panich recently avoided a possible abduction attempt and has since been subject to various forms of intimidation. We are particularly concerned over reports that Mr Panich and his wife have allegedly been followed on a number of occasions and have been receiving anonymous silent or unanswered telephone calls.

As you are aware, Mr Panich has recently called upon the Thai government to investigate a number of mass graves discovered earlier this year in southern Thailand. Mr Panich asks that the bodies of any such persons be identified, the cause of death may be uncovered and those responsible be brought to justice. It has been alleged that the intimidation of Mr Panich is connected in some way to this request.

These circumstances raise a number of concerns in connection with the rights that should be accorded to all legal practitioners in Thailand and elsewhere.  In this regard we draw your attention to the following Basic Principles on the Role of Lawyers adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990:

1.                 Article 1 – all persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

2.                 Article 16 – governments shall ensure that lawyers:

(a)               are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;

(b)              are able to travel and to consult with their clients freely both within their own country and abroad; and

(c)               shall not suffer, or be threatened with, prosecution or administrative, economic, or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics.

3.                 Article 17 – where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

4.                 Article 18 – lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

5.                 Article 23 – lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly.  In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.

We would also like to draw to your attention Article 31 of the Thai Constitution which stipulates that ‘a person shall enjoy the right and liberty in his or her life and person’ and further, to Article 39, which states that ‘a person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicise, and make expression by other means’.

We are extremely concerned that Mr Panich is enduring intimidation and possible attempted abduction and we call on the Thai government to respond to these claims. We also request that the Thai government and relevant authorities conduct a full, independent and impartial investigation into these incidents and take immediate steps to ensure the safety of Mr Panich and his family.  We call on the Thai authorities to ensure that all human rights lawyers and defenders in Thailand are able to carry out their legitimate professional and personal activities without fear of abduction or other violent acts, harassment, intimidation and the like in line with constitutional guarantees on the protection of human rights and international human rights standards.

We should be grateful to receive your assurances that our concerns will be addressed and investigated as a matter of urgency.

Yours sincerely,

 
Ambassador Emilio Càrdenas                        

Justice Richard J. Goldstone

Co-Chairs, IBA's Human Rights Institute        

CC:      Kongsak Wantana, Minister of Interior
            Chidchai Wanasatitya, Minister of Justice
            Professor Saneh Chamarick, Chairperson National Human Rights 

            Commission

            Vikrom Koompirochana, Ambassador of Thailand to Great Britain and Northern

            Ireland

            Suparut Kawatkul, Chairperson, Thai Bar Association