Five years on, international organizations renew their call for the release of Somyot Phrueksakasemsuk

On the eve ofthe five-year anniversary of his detention, we, the undersigned international organizations,condemn the ongoing and arbitrary deprivation of liberty of human rightsdefender Somyot Phrueksakasemsuk and call on Thailand’s authorities toimmediately and unconditionally release him.

Somyot, 54, iscurrently incarcerated in Bangkok’s Remand Prison, where he is serving a 10-yearsentence following his conviction on charges of lèse-majesté under Article 112of Thailand’s Criminal Code. Article 112 states that “whoever defames, insultsor threatens the King, the Queen, the Heir to the throne or the Regent shall bepunished with imprisonment of three to 15 years.” This imprisonment is inaddition to one more year, which was an earlier suspended sentence fordefamation in another case.

Several UN humanrights monitoring bodies have voiced concern over Somyot’s deprivation ofliberty. In an opinion issued on 30 August 2012, the UN Working Group onArbitrary Detention (WGAD) affirmed that Somyot’s detention was arbitrary. TheWGAD called on Thai authorities to release Somyot and award him compensation.

A former laborrights activist and magazine editor, Somyot was arrested on 30 April 2011, fivedays after he launched a petition campaign to collect 10,000 signaturesrequired for a parliamentary review of Article 112. On 23 January 2013, the BangkokCriminal Court sentenced him to 10 years in prison on two counts oflèse-majesté. Somyot was convicted for allowing the publication of twosatirical articles in the now-defunct magazine Voice of Taksin, of which he was the editor. The articles were authoredby someone else and deemed by the Thai authorities to have insulted KingBhumibol Adulyadej.

On 19 September 2014,the Court of Appeal upheld the Bangkok Criminal Court’s lèse-majesté convictionof Somyot. The Court of Appeal failed to notify Somyot, his lawyer, and hisfamily members that the hearing would take place on that day. On 19 November2014, Somyot filed an appeal to the Supreme Court against his conviction.

Somyot’sconviction and his detention do not comply with Thailand’s international legal obligations.Article 19 of the International Covenant on Civil and Political Rights (ICCPR),to which Thailand is a state party, provides that everyone has the right tofreedom of expression. This right includes “freedom to seek, receive, and impartinformation and ideas of all kinds.”

In itsauthoritative General Comment on Article 19, the UN Human Rights Committee(HRC), the body that monitors compliance with the provisions of the ICCPR by stateparties, has affirmed that “all public figures, including those exercising thehighest political authority such as heads of state and government, arelegitimately subject to criticism and political opposition.” The HRCspecifically expressed concern regarding lèse-majesté laws and stated that“imprisonment is never an appropriate penalty” for defamation.

On 23 September 2014, the UN Office of the HighCommissioner for Human Rights (OHCHR) voiced its disappointment over the Courtof Appeal’s ruling that upheld Somyot's conviction. On 11 August 2015, OHCHR urgedThailand to amend the “vague and broad” lèse-majesté law to bring it in linewith international human rights standards. OHCHR also called for the immediaterelease of all those who had been jailed for the exercise of their right tofreedom of expression.

We also condemnthe flaws and delays in the judicial proceedings against Somyot and the courts’repeated refusals to grant him bail. Somyot has unsuccessfully petitioned forbail 16 times - the last time in November 2014.

Somyot is one ofthe few lèse-majesté defendants who have appealed their convictions up to theSupreme Court. Somyot has maintained his innocence and has refused to pleadguilty. In consideration of the very high conviction rate in Thailand’slèse-majesté trials, most defendants plead guilty in order to obtain asignificant reduction of their prison sentence and become eligible to apply fora pardon from the palace.

We urge the Thaigovernment to end the persecution of Somyot and immediately set him free toreturn to his wife and family. In addition, we call on the Thai government toprovide Somyot adequate compensation and effective remedy for the arbitrarydeprivation of his liberty.

Signed:

1. Amnesty International

2. Article 19

3. ASEAN Parliamentarians for Human Rights

4. Asian Forum for Human Rights and Development (FORUM-ASIA)

5. Civil Rights Defenders

6. Clean Clothes Campaign

7. Committee to Protect Journalists

8. FIDH - International Federation for Human Rights, within theframework of the Observatory for the Protection of Human Rights Defenders

9. Fortify Rights

10. Front Line Defenders

11. Human Rights Watch

12. International Commission of Jurists

13. Lawyers’ Rights Watch Canada

14. PEN International

15. Reporters Sans Frontières / Reporters Without Borders

16. World Organisation Against Torture (OMCT), within the framework ofthe Observatory for the Protection of Human Rights Defenders