Arbitrary arrest and incommunicado detention of the wife of Mr. Somyot Phueksakasemsuk and her son

​THA002 / 0514 / OBS 046

Arbitrary arrest /

Incommunicado detention / Search and seizure

Thailand

May 25, 2014

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), requests your urgent intervention inthe following situation in Thailand.

Description of the situation:

The Observatory has beeninformed by reliable sources about the arrest of Ms. SukanyaPhrueksakasemsuk, a human rights defender campaigning for the right ofpolitical prisoners and the wife of Mr. SomyotPhueksakasemsuk, Editor of the magazine “Voice of Thaksin” whois now serving 11 years for lèse-majesté, and her son.

According to theinformation received, on May 25, 2014, at around 3.30 p.m, Thai army soldierssearched the house of Mr. Somyot Phueksakasemsuk. The soldiers arrested hiswife Ms. Sukanya Phrueksakasemsuk and her son, Mr. Panitan Phrueksakase, anddetained them at an undisclosed location. The army also seized Ms. Sukanya’stwo computer laptops.

Since their arrest, Ms.Sukanya and Mr. Panitan have been held incommunicado in an unknown location.Soldiers failed to inform them of the reasons for their arrest. As of May 25,2014, the two had not had access to their lawyer.

Ms. Sukanya and Mr. Panitanare among the about 200 people who have been detained by Thailand’s militaryjunta, the National Council for Peace and Order (NCPO), since it seized poweron May 22, 2014. Among those detained are human rights defenders, journalists,academics, political activists, politicians, and anti-coup peaceful protesters.

TheObservatory is concerned by the arbitrary arrest and incommunicado detention ofMs. Sukanya Phrueksakasemsuk and Mr. Panitan Phrueksakase, and calls upon theauthorities in Thailand to immediately disclose their whereabouts and put anend to any kind of harassment against them as it seems to only aim atsanctioning the human rights activities of their relative Mr. Somyot Phueksakasemsuk.

Background information:

Mr. Somyot Prueksakasemsuk,a labour rights activist, was among the first activists in Thailand trying tounionise workers, providing them with legal training, and organising campactivities and public demonstrations. In his magazine “Voice of Thaksin”Somyot Prueksakasemsuk denounced human rights abuses and gave a voice to thevoiceless. Mr. Somyot Prueksakasemsuk is also a free speech advocate, callingfor the revision of the lèse-majesté law. In April 2011, he was arrested fivedays after launching a petition campaign to secure a review of thislegislation. Held in pre-trial detention for 17 months, Mr. SomyotPrueksakasemsuk was convicted for allowing, as an editor, the publication oftwo satirical articles that were deemed to be “insulting the monarchy”. InJanuary 2013, he was arbitrarily sentenced to 10 years in prison.

Actions requested:

Pleasewrite to the authorities of Thailand asking them to:

1. Guarantee in all circumstances the physical and psychological integrity of Ms. Sukanya Phrueksakasemsuk and Mr. Panitan Phrueksakase as well as all human rights defenders in Thailand;

2. Immediately disclose the whereabouts of and release immediately and unconditionally Ms. Sukanya Phrueksakasemsuk and Mr. Panitan Phrueksakase;

3. Put an end to all acts of harassment, including at the judicial level, against them as well as against all human rights defenders in Thailand and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance or fear of reprisals;

4. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:

- its Article 1, which states that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realisation of human rights andfundamental freedoms at the national and international levels”, and

- its Article 12.2, which providesthat “the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association withothers, against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Thailand.

Addresses:

· Deputy Leader of the NationalCouncil for Peace and Order, Police General Watcharapol Prasarnrajkit, RoyalThai Police Commissioner-General, Royal Thai Police, 1 Building, Floor 7, Rama1 Road, Pathumwan, Bangkok, THAILAND 10330, Fax: +66 (0)-2205-3738

· National Human Rights Commission ofThailand, 422 Phya Thai Road, Pathumwan, Bangkok 10300, THAILAND, Fax: +622 2192940

· Attorney General, Office of theAttorney General, Lukmuang Building, Nahuppei Road, Prabraromrachawang,Pranakorn, Bangkok 10200, THAILAND, Fax: +662 224 0162 / 1448 / 221 0858, Email:ag@ago.go.th; oag@ago.go.th

· Commissioner General, Royal ThaiPolice, 1st Building, 7th Floor, Rama I, Pathumwan, Bangkok 10330, THAILAND,Fax: +662 251 5956 / 205 3738 / 255 1975-8; feedback@police.go.th

· H.E. Mr. Thani Thongphakdi,Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, rueGustave Moynier 5, 1202 Geneva, Switzerland, Fax: + 41 22 715 10 00 / 10 02;Email: mission.thailand@ties.itu.int

· Embassy of Thailand in Brussels, 2Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Tel: + 32 2 640.68.10; Fax: +32 2 .648.30.66. Email: thaibxl@pophost.eunet.be

Please also write to the diplomatic mission or embassy of Thailand in yourrespective country

***
Paris-Geneva, May 25, 2014

Kindly inform us of any action undertaken quoting the code of this appeal inyour reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection ofHuman Rights Defenders and aims to offer them concrete support in their time ofneed. The Observatory was the winner of the 1998 Human Rights Prize of theFrench Republic.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT: + 41 (0) 22 80949 39 / + 41 22 809 49 29