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A New Hope With Every Sunrise for Families of the Disappeared

Huffington Post: 31 August 2014

By Geoffrey Mock

“A mother’s broken heart keeps waiting to know something about her only son, whom she has not seen for 670 days. A new hope is born on every sunrise to see Dr. Mohamed Arab once again with us.”

These words from the sister of Syrian doctor Mohamed Bashir Arab reveals something about the special hell family members go through when loved ones face “enforced disappearances” by government authorities. An “enforced disappearance” takes place when a person is arrested, detained or abducted by the state or agents acting for the state, who then deny that the person is being held or conceal their whereabouts, placing them outside the protection of the law.

From Syria to El Salvador, North Korea to Laos, family members wake every morning hoping that this is the day that some news is confirmed, and to end every day being denied information and closure. Continue reading “A New Hope With Every Sunrise for Families of the Disappeared”

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Dear Sombath…from Shui Meng (5)

My dearest Sombath

Today is 30 August 2014, International Day of the Victims of Enforced Disappearances – a Day to remind the world that Enforced Disappearance is an international crime and violation against human rights. It is also a Day to remember the pain and suffering this violation causes to the victims and their families.

OLYMPUS DIGITAL CAMERAFor the people around the world – it may be just a small jolt to their collective memory that such awful crimes against humanity continue to happen around the world, and that there are still many families and communities whose lives are forever changed, and forever broken. They are also asked to remember that in thousand and thousand of cases, the perpetrators of the crime are state agents who are protected by the state and its broken justice system. They are servants of states which deliberately use enforced disappearances as a tool of state intimidation to silence their own citizens who are viewed as “troublesome”, “outspoken”, “civil activists”, or “politically incorrect”. Continue reading “Dear Sombath…from Shui Meng (5)”

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Inadequate and Unproductive

39 groups and organisations from across the globe have marked today, the International Day of the Victims of Enforced Disappearances, with a call for action on behalf of Sombath, Dedek Khairudin from Indonesia, Khem Sophath from Cambodia, Porlagee Rakchongcharoen (Billy) from Thailand, Sumlut Roi Ja from Myanmar, Jonas Burgos from the Philippines, and Somchai Neelapaijit from Thailand.

In part, the statement (available here) reads:

Analysis of the CCTV footage shows that Sombath was taken away in the presence of police officers. Despite the Lao Government’s pledge to “thoroughly and seriously” investigate Sombath’s disappearance, the authorities’ probe has been inadequate and unproductive.

 

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Internationaler Tag der Opfer des Verschwindenlassens

Latina Press: 29 August 2014

amnesty
Protestaktion gegen das Verschwindenlassen (Foto: Amnesty International)

Zum morgigen “Internationalen Tag der Opfer des Verschwindenlassens” fordert Amnesty International von der Bundesregierung dieses Verbrechen als eigenen Straftatbestand einzuführen. Gleichzeitig macht die Menschenrechtsorganisation heute mit einer Kunstaktion auf das weltweit verbreitete Verbrechen aufmerksam. “Staatliche Stellen lassen Menschen von einer Minute auf die andere von der Bildfläche verschwinden und entziehen sie so jedem gesetzlichen Schutz”, sagt Maria Scharlau, Amnesty-Expertin für internationales Recht. “Meist ist das Verschwindenlassen der erste Schritt zu Folter und Mord. Angehörige finden in der Ungewissheit um das Schicksal der Opfer oft lebenslang keine Ruhe.”

Deutschland hat die UN-Konvention gegen das Verschwindenlassen 2009 ratifiziert. Dennoch ist sie noch nicht vollständige umgesetzt: Im deutschen Recht fehlt ein Straftatbestand, der explizit das “Verschwindenlassen” unter Strafe stellt. Bestehende Straftatbestände erfassen die Schwere der Tat nur unzureichend. Eine angemessene Bestrafung wird so verhindert. “Die Verjährungsdauer des Verbrechens ist bisher zu kurz. Häufig werden relevante Beweise erst mit einem Regimewechsel nach langen Jahren an die Oberfläche gespült. Eine Strafverfolgung der Täter wird dadurch nahezu unmöglich”, sagt Scharlau. “Auch wenn hierzulande dieses Verbrechen nicht vorkommt, muss sich Deutschland am internationalen Kampf gegen diese besonders grausame Form staatlicher Willkür beteiligen.” Continue reading “Internationaler Tag der Opfer des Verschwindenlassens”

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Concern or Censorship?

Screen Shot 2013-02-01 at 22.53.08 PMWhile the Lao government has repeatedly expressed its concern about Sombath’s disappearance, it appears to also be censoring any mention of his name.

Following the fifth annual EU-Lao “Working Group on Human Rights and Governance” held on 19 May 2014, an EU press release stated:

The EU also raised a number of individual cases of concern, in particular the case of the disappearance of Mr Sombath Somphone, a prominent civil society activist. Mr Sombath’s disappearance is seen by the EU with grave concern and remains unexplained.

But while a Vientiane Times article released soon thereafter copies much of the EU statement exactly, it omits any mention of Sombath. Not surprisingly, the Vientiane Times also fails to report:

…the EU expressed concern regarding the limitation of freedom of expression, particularly the freedom of the media.

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He’s a Listener…

Castan CentreHe has also a very strong respect for indigenous practices and local wisdom. He always believes that you could not survive in farming if you did not know what to do.

Not like some agriculture specialists nowadays who walk straight into a developing country and say ‘We can teach you what to do.’

Sombath never did that. He always tried to learn and listen first, and that has always been the way he works with other people. He’s a listener. He doesn’t talk very much. He listens first.

Ng Shui Meng, in remarks given at Castan Event: Enforced Disappearances in Asia: the case of Sombath Somphone, held at the Monash University, Melbourne, Australia on 06 March 2014.

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Dear Sombath…from Bridgette See

Dear Sombath,

This is a letter that has been written many times in my mind. It’s a hard letter to write – I would much prefer to say it to you in person. I cannot remember the first time we met, but I remember we bonded over too much coffee on the balcony of Shui Meng’ sea-facing abode in Dili. There, you shared your wisdom with me, telling me about PADETC and the work it had done. Your serene smile – that classic Sombath look of equanimity – captured the gentle but determined way you viewed life. As sea breeze brought salt to our lips, you sketched out your idea of happiness: the roof of happiness must stand upon the pillars of heart, econoFour Pillarsmy, culture, and environment while supported by the foundation of education. This drove you to devote decades of your life to your fellow Lao, despite the opportunities you had been offered. You are a man of the Earth. This, the Timorese could recognise whenever you visited us in Dili. I was a privileged disciple, whose ears and mind were, thankfully, open.

Later, the one month I spent in Laos – documenting PADETC’s work – was a chance to deeply understand your philosophy. Local knowledge, you exhorted, is what will help any community develop sustainably. I saw how your face lit up with pride when you introduced your young staff and youth volunteers. These are the ones whom you have envisioned would make Laos a better place.

But it wasn’t always work you talked about. On the old swing facing the Mekong River, as we watched your neighbour trawl for fish against the setting sun, you told me about the siblings you helped to bring up. You spoke of your days at the East West Centre – where I, too, had studied briefly. There, you had met your Shui Meng, and fallen in love. Whenever the two of you were together, I would be tickled by how you two – both grey in the head – would still tease one another incessantly. Shui Meng’s chidings were often infused with more love than she realised she was showing. When my son met the two of you at Labrador Park in Singapore, he called you “Uncle Zombat” and her, “Auntie Water”. We ended our excursion with ice-cream – dry ice swirled fancily about – and promised to meet again. That still stands. We pray that our Uncle Zombat comes home so that Auntie Water will no longer cry. We love you, Sombath.

Yours most sincerely,

Bridgette, Norman & Val

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Chronology of Complacency

Question MarkIn the over 600 days since Sombath’s abduction, there have been virtually no results from the official investigation.

Almost immediately, authorities concluded they were not responsible.

Since that time, reports have consisted largely of irrelevant details, denials, and claims that efforts continue with the utmost seriousness and urgency.

A draft chronology of major events to date is available here. Updates will be added when they become available.

Concerned friends, colleagues and organisations from across the world continue to hope for more results, and less rhetoric.

 

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Contravention of International Obligations

ICJ-Legal Memorandum on SBThe Government of Lao PDR has also publicly refused to accept the assistance of foreign experts to technically enhance the CCTV footage taken during the time Sombath Somphone “disappeared”, despite the fact that it had earlier admitted that it did not possess the technical capacity to enhance the footage so that the persons and vehicles shown there may be properly identified. This refusal by the Government of Lao PDR to cooperate with experts to look into evidence may be construed as an act impeding the investigation, in contravention of its obligations under the ICCPR, the CAT and the standards of the Convention and the Declaration.

International Commission of Jurists, in “Legal Memorandum on the case of Sombath Somphone.” A related press release can be seen here.