On June 4, 2024, Sitanan Satsaksit, Wanchalearm Satsaksit’s older sister, along with the Network of Families of the Missing, Cross Cultural Foundation, and SEA Junction, organized the event “4 Years of Silence, 4 Years of Voices: Remembering Wanchalearm Satsaksit” from 5:00 p.m. to 7:00 p.m. at SEA Junction, located on the 4th floor of the Bangkok Art and Culture Centre. The event commemorated the 4th anniversary of the enforced disappearance of Wanchalearm Satsaksit, a Thai political refugee who was forcibly disappeared in Phnom Penh, Cambodia, in 2020. The room was filled with participants eager to listen to the discussions. The atmosphere was hopeful as Sitanan shared her experiences of the past four years fighting for justice for her brother. She described her struggle as fraught with numerous obstacles but affirmed her determination to continue. Sitanan conveyed a poignant message to her brother:“Four years ago, are you tired or discouraged? I want to tell Wanchalearm, Tar, do you know what I have to face these days? What you have done for us: ask if we are tired. We can be tired. We can be discouraged. We can complain. We can curse. But ask if we will stop. No, we will continue until we receive justice.”Sitanan Satsaksit spoke these powerful words at the forum, emphasizing her unwavering commitment to seeking justice for her younger brother.
The event began with screenings of video interviews featuring families of the disappeared, followed by the music video “Solitude” This poignant video depicts the stories of five families affected by enforced disappearances, including Wanchalearm Satsaksit’s case. In a heartfelt video interview, Prakaidao Prueksakasemsuk, a confidant of Wanchalearm, shared her emotions following his disappearance. She said, “We are driven to fight together. We’ve been through a lot together. We have witnessed changes in various societies. But he disappeared just as these changes were happening. Everywhere, people are coming together. There’s an election, there have been transformations. Everything we dreamed of seeing together is unfolding.” Despite the challenges, Prakaidao holds on to hope for justice. She expressed, “I always keep hope close in my pocket. It might take ten years, twenty years… One day, things might change. People will change. Everything will happen in due time.”
The first forum featured a discussion on the topic “Update on Wanchalearm Satsaksit,” covering the latest developments from 2023 to the present and reflecting on the challenges faced during the four-year journey for justice for the Satsaksit family. The speakers included Sitanan Satsaksit, Wanchalearm’s sister; Pornpen Kongkachonkiat, director of the Cross Cultural Foundation; and Ponpimol Mukkhuntod, a lawyer at the Cross Cultural Foundation. The panel discussion was moderated by Wilasinee Chaiyang from the Cross Cultural Foundation.
Sitanan Satsaksit, Wanchalearm’s older sister, began the discussion by sharing her feelings over the past few years. She revealed her disappointment with the Pheu Thai Party and the Yingluck Shinawatra government, as Wanchalearm had worked for them, yet the family received no assistance in addressing the issue or seeking justice for Wanchalearm.
Regarding the main obstacles faced in seeking justice, Sitanan highlighted significant challenges for those who have been forcibly disappeared and their families. Drawing from her own experience, she noted the lack of assistance from government agencies. Instead of support, government officials often labelled them as security threats, despite being victims. Sitanan emphasized that accessing justice in this country is exceedingly difficult for ordinary citizens. Despite having what she believed to be useful evidence and submitting it to the authorities, no action was ultimately taken.
In the initial part of the discussion, Ponpimol Mukkhuntod, a lawyer at the Cross Cultural Foundation, detailed the efforts to seek justice for Wanchalearm over the past four years. Sitanun has filed complaints with more than ten organizations, some multiple times. Additionally, during her fight for her brother, Sitanun herself was reported to the court for violating the Emergency Decree in two cases while filing complaints demanding justice for her brother. This added another layer of challenges to her pursuit of justice.
Following the enactment of the Prevention and Suppression of Torture and Disappearance Act 2023 (Torture-Disappearance Act) on June 1, 2023, Sitanun submitted a complaint to the Center for Prevention and Suppression of Torture and Enforced Disappearance at the Office of the Attorney General. However, after a year, there has been no progress. Recently, after the lawyer sent a letter inquiring about the case status, they received a response from the Attorney General. The Prosecutor’s Investigation Department had sent letters to various agencies where Sitanun had previously filed complaints. All these agencies reported that they could not confirm whether Wanchalearm had disappeared or been kidnapped. Additionally, the letter mentioned that the Ministry of Foreign Affairs had not provided any notification, and the case was still awaiting consideration by the Court of First Instance in Phnom Penh.
Pornpen Khongkachonkiet, Director of the Cross Cultural Foundation, offered encouragement to Sitanun and the families of all those who have been forcibly disappeared. She acknowledged that the efforts of Sitanun and those close to Wanchalearm have helped to prevent further disappearances of refugees, ensuring that no more such incidents occur after Wanchalearm’s case. Pornpen highlighted the complexity of this case due to the involvement of two countries: Thailand and Cambodia. Wanchalearm was a Thai citizen who disappeared in Cambodia, a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). The key challenge lies in the cooperation between the Thai and Cambodian governments in seeking the truth about Wanchalearm’s disappearance. Pornpen believes that cooperation between the two countries would be straightforward if there were political will. However, in the absence of such intent, even the substantial evidence available in Wanchalearm’s case has not been sufficient for the two nations to conclude that he disappeared in Cambodia.
Additionally, early last year, Cambodia underwent a review of its reports on disappearances under the ICPPED Convention mechanism. Notably, Cambodia claimed that its investigation found no enforced disappearances by Cambodian authorities. Pornpen questioned the thoroughness of this investigation, stating that regardless of whether the perpetrator is a private individual or an official from another government, it is Cambodia’s duty to investigate and disclose the facts to the relatives who have filed complaints with the Cambodian court.
The second forum featured discussions on various topics. Arnaud Chaltin, Human Rights Officer at OHCHR, addressed Thailand’s ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Somchai Homlaor, committee member under the Torture and Disappearance Act, focused on issues related to the Prevention and Suppression of Torture and Disappearance Act. Pornpen Khongkachonkiet, Director of the Cross Cultural Foundation, delved into the report of the National Human Rights Commission regarding nine cases of Thai refugees abducted, disappeared, and murdered in neighbouring countries. Natthamon Supornvate from the Cross Cultural Foundation moderated the panel discussion.
Arnaud Chaltin, Human Rights Officer at OHCHR, highlighted Thailand’s ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) on May 14, 2024. This significant step, effective 30 days after ratification, marks a crucial move towards preventing and safeguarding individuals from enforced disappearance. Arnaud emphasized that Thailand’s accession to the Convention entails obligations to adhere to its provisions. Under this convention, Thailand will establish domestic legislation criminalizing enforced disappearance, torture, and other cruel and inhumane acts, as well as measures for their prevention and suppression, and the pursuit of truth and justice against perpetrators. Moreover, member states, including Thailand, are required to submit reports on the status of disappearances two years post-accession. Another pivotal aspect of the Convention is the Committee on Enforced Disappearances (CED), which holds authority to provide recommendations to States Parties for the effective implementation of the Convention.
Lastly, Arnaud addressed the Committee on Enforced Disappearances (CED) review of reports concerning disappearances in Cambodia under the mechanism of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). Earlier this year, the CED expressed concern over Cambodian authorities’ denial that Wanchalerm’s case constituted an enforced disappearance, citing the absence of involvement by Cambodian government officials. The committee remarked on Cambodia’s inadequate investigation into cross-border disappearance cases and recommended active cooperation with neighboring countries in the region.
Somchai Homlaor, a committee member under the Torture and Enforced Disappearance Act, said that the Prevention and Suppression Committee Torture and Enforced Disappearance has a subcommittee on the preparation of regulations for the protection and compensation of victims. Mr. Somchai emphasized the recommendations from the committee. As for the monetary relief measures, the government must approve this remedy and the injured person can receive compensation. without the need for approval from a court order. The remedy also covers the mental condition of the victim. However, Mr. Somchai also commented that the problem of progress in abduction cases like the case of Mr. Wanchalerm is likely due to the misuse of power from government officials and groups of people who gained power from the coup. This creates loopholes in the justice process.
In the final segment, Pornpen Khongkachonkiet, Director of the Cross Cultural Foundation, discussed the truth-seeking report concerning nine missing persons. She revealed that on June 10, 2024, there will be a press conference on the NHRCT’s report regarding complaints about nine cases of Thai refugees in neighboring countries who were enforced to disappear and murdered. This report, issued by the National Human Rights Commission, was prepared by a sub-committee tasked with independently examining the facts to uncover the truth. The upcoming press conference holds significant importance for all victims, despite delays in the search for truth in these nine cases. Pornpen highlighted that this report will serve as additional evidence confirming the enforced disappearance of all nine individuals, falling within the scope of the Prevention and Suppression of Torture and Enforced Disappearance Act. She stressed the importance of the National Human Rights Commission disclosing detailed facts to the public, including the government, political parties, and relevant agencies.
Pornpen also believes that this report could serve as a crucial catalyst for the effective implementation of the Prevention and Suppression of Torture and Enforced Disappearance Act, ensuring comprehensive remedies aligned with international standards. Additionally, she views the NHRCT’s report as a pivotal mechanism that will prompt further investigations to uncover the truth, ultimately leading to the perpetrators being held accountable according to the principles of the justice process.
