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This lesson will highlight three particular cases taken up by the Asian Human Rights Commission (AHRC), initially as urgent appeals, and subsequently as campaigns regarding various issues. Each case will show how different documentation was used, together with various actions to campaign. (Please view CD-ROM for multimedia components of this lesson.)
A. Somchai Neelaphaijit, Thailand
The disappearance of Somchai Neelaphajit was a grave concern not only because of the disappearance of a prominent human rights lawyer after he alleged that his clients had been tortured by the police, but also because of the larger surrounding issues of rule of law and police abuse in Thailand.
While these were the issues that the AHRC raised initially, once the campaign got underway, numerous other issues came up, such as victim and witness protection, the role of the Central Forensic Science Institute in criminal investigations and Thailand's criminal justice system.
The continuance of the campaign over a year was important not only in solidarity with the victim's family, but also for keeping attention on it to pressure the Thai authorities and engage the public.
B. Sitthi Naseera, Sri Lanka
The mistaken amputation of Sitthi Naseera's healthy leg raised concerns about medical negligence as well as Sri Lanka's lack of effective complaint mechanisms for victims of such negligence. What emerged in the course of the campaign, were the related issues of government responses to such incidents and the creation of a dialogue around the right to health. The case was also a revealing indication of how economic, social and cultural rights are invariably linked to civil and political rights; the right to health cannot be upheld without the right to due process.
C. Tissa Palitha Kumara, Sri Lanka
Tissa Kumara's torture and subsequent harassment by police officers is particularly indicative of the complete collapse of the rule of law in Sri Lanka. Not only was Tissa Kumara arrested and detained for a crime he never committed, but he was also tortured in custody in an attempt to force him to confess. Furthermore, his torture was such that it involved making a tuberculosis patient spit in his mouth, resulting in Kumara eventually acquiring TB.
While the purpose of the initial urgent appeal in this case was to address Kumara's medical needs and to punish the perpetrators, as the case went on other issues arose as well: police brutality and investigation procedures, medical needs of prisoners, victim and witness protection, the lack of disciplinary procedures addressing violations by police officers.
Questions For Discussion
1. Think of the most recent case of human rights violation you are aware of. Plan a campaign using the concept of documentation as understood in this lesson. What obstacles would you have to overcome?
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