Judicial harassment of seven defenders for their involvement in a peaceful demonstration

Judicial harassment /

Restrictions on freedom

of peaceful assembly

Thailand

February 20,2018

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), has received new informationand requests your urgent intervention in the following situation in Thailand.

Newinformation:

TheObservatory has been informed by reliable sources about the judicial harassmentof Mr. Sirawit Seritiwat, Ms. Nattha Mahatthana, Ms. ChontichaJaengrew, Mr. Rangsiman Rome, Mr. Karn Phongpraphan, Mr.Sukrit Piansuwan, and human rights lawyer Mr. Anon Nampa for theirinvolvement in a peaceful demonstration held on February 10, 2018 in Bangkok.

Accordingto the information received, on February 13, 2018, Colonel BurinThongprapai, acting on behalf of the military junta, the National Council forPeace and Order (NCPO), filed a complaint at Bangkok’s Nang Lueng policestation against 50 participants, including the seven above-mentioned humanrights defenders, who took part in a demonstration held on February 10, 2018near Bangkok’s Democracy Monument, which called for the NCPO to hold a generalelection before the end of 2018.

The50 individuals are accused of breaching Article 12 of NCPO Order 3/2015, whichbans political gatherings of more than four people. Mr. Sirawit Seritiwat,Ms. Nattha Mahatthana,Ms. Chonticha Jaengrew,Mr. Rangsiman Rome,Mr. Karn Phongpraphan,Mr. Anon Nampa, and Mr. Sukrit Piansuwan arealso accused of “inciting unrest” under Article 116 of the Criminal Code(‘sedition’).

Theviolation of Article 116 is punishable with a prison term of up to seven years.Article 12 of NCPO Order carries a penalty of up to six months in prison, or afine of up to 10,000 Baht (approximately 257 Euros), or both.

Fiveof the seven human rights defenders - Ms. Nattha Mahatthana, Mr. Rangsiman Rome, Mr. Sirawit Seritiwat,Mr. Anon Nampa, and Mr. Sukrit Piansuwan - already face charges for theirinvolvement in another pro-democracy protest on January 27, 2018 (seebackground information).

TheObservatory recalls that the Thai authorities have a long record of judicialharassment against Mr. Rangsiman Rome[1],Mr. Sirawit Seritiwat[2], and Mr. Anon Nampa[3].

TheObservatory condemns the judicial harassment of Mr. Sirawit Seritiwat, Ms. Nattha Mahatthana, Ms.Chonticha Jaengrew, Mr. Rangsiman Rome, Mr. Karn Phongpraphan, Mr. Anon Nampa,and Mr. Sukrit Piansuwan, which seems to only aim at punishingthem for their peaceful and legitimate human rights activities, and expresses concern over whatseems to become a growing trend in Thailand against freedoms of peacefulassembly and association.

Background information:

On January 30, 2018, Colonel Burin Thongprapai filed acomplaint at Bangkok’s Pathumwan police station against Mr. Sirawit Seritiwat, Ms. Nattha Mahatthana, Mr. Rangsiman Rome, Mr. NetiwitChotipatpaisal, Mr. Ekachai Hongkangwan, Mr. Anon Nampa, and Mr. Sukrit Piansuwan. They were accused of “inciting unrest” under Article 116 of theCriminal Code (‘sedition’) and of breaching Article 12 of NCPO Order 3/2015.

On January 27, 2018, the seven activistshad led a peaceful protest of several hundred people on the Skywalk at Pathumwanintersection in central Bangkok. The protesters were demonstrating against thelikely postponement of Thailand’s general election until 2019. NCPO HeadGeneral Prayuth Chan-ocha had previously pledged to hold the polls in November2018.

Actions requested:

Pleasewrite to the Thai authorities asking them to:

i. Put an end to allforms of harassment - including at the judicial level - against Mr. SirawitSeritiwat, Ms. Nattha Mahatthana, Ms. Chonticha Jaengrew, Mr. Rangsiman Rome,Mr. Karn Pongpraphan, Mr. Anon Nampa, Mr. Sukrit Piansuwan, Mr. Netiwit Chotipatpaisal and Mr. Ekachai Hongkangwan aswell as against all human rights defenders in Thailand and ensure in allcircumstances that they are able to carry out their legitimate activitieswithout any hindrance or fear of reprisals;

ii. Guarantee in allcircumstances the right to freedom of peaceful assembly and the right tofreedom of opinion and expression of all human rights defenders inThailand;

iii. Conform to theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, in particular with Articles 1, 5(b), and12.2;

iv. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments to which Thailand is a state party.

Addresses:

· Gen Prayuth Chan-ocha, PrimeMinister of Thailand, Fax: +66 (0) 2 282 5131

· Mr. Don Pramudwinai, Minister ofForeign Affairs of Thailand, Fax: +66 (0) 2 643 5320; Email: minister@mfa.go.th

· Air Chief Marshal Prajin Juntong,Minister of Justice of Thailand, Fax: +66 (0) 2 953 0503

· Pol Gen Chaktip Chaijinda,Commissioner-General of the Royal Thai Police, Fax: +66 (0) 2 251 5956 / +66(0) 2 251 8702

· Mr. Wat Tingsamit, Chairperson ofthe National Human Rights Commission of Thailand, Email: help@nhrc.or.th

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

· Embassy of Thailand in Brussels,Belgium, Fax: +32 2 648 30 66; Email: thaibxl@pophost.eunet.be

Pleasealso write to the diplomatic mission or embassy of Thailand in your respectivecountry.

***

Paris-Geneva,February 20, 2018

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

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by FIDH and OMCT. The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH: + 33 (0) 1 4355 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT: + 41 (0)22 809 49 39 / + 41 22 809 49 29

[1] See Observatory Urgent Appeals THA002 / 0617 / OBS 072 published on June 29, 2017, THA 002 / 0715 / OBS 055.7published on October 28, 2016, THA 002 / 0716 / OBS 053.3 published on July 14,2016, THA 002 / 0715 / OBS 055.1 published on July 16, 2015, THA 002 / 0715 /OBS 055 published on July 2, 2015.

[2] See Observatory Urgent Appeals THA001 / 0116 / OBS 008.2 published on May 3, 2016, THA 001 / 0116 / OBS 008.1published on January 25, 2016, THA 001 / 0116 / OBS 008 published on January18, 2016.

[3] See Observatory Urgent Appeal THA 001/ 0315 / OBS 017 published on March 12, 2015.