Judicial harassment of seven human rights defenders for leading a peaceful protest

THA 002 / 0118 / OBS 015

Judicial harassment /

Restrictions on freedom

of peaceful assembly

Thailand

January 31,2018

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Thailand.

Briefdescription of the situation:

TheObservatory has been informed by reliable sources about the judicial harassmentof Mr. Sirawit Seritiwat, Ms. Nattha Mahatthana, DemocracyRestoration Group leader Mr. Rangsiman Rome, student activist Mr.Netiwit Chotipatpaisal, human rights activist and former lese-majestedetainee Mr. Ekachai Hongkangwan, human rights lawyer Mr. Anon Nampa,and student activist Ms. Sukrit Piansuwan, for their involvement in theorganisation of a peaceful demonstration on January 27, 2018, in Bangkok.

According tothe information received, on January 30, 2018, Colonel BurinThongprapai, acting on behalf of Thailand’s ruling military junta, the NationalCouncil for Peace and Order (NCPO), filed a complaint at Bangkok’s PathumwanPolice Station against the seven activists. They are accused of “incitingunrest” under Article 116 of the Criminal Code (‘sedition’) and of breaching Article12 of NCPO Order 3/2015, which bans political gatherings of more than fourpeople. The violation of Article 116 is punishable with a prison term of up toseven years. Article 12 of NCPO Order carries a penalty of up to six months inprison, or a fine of up to 10,000 Baht (approximately 257 Euros), or both.

The sevenactivists have been summoned to acknowledge the charges on February 2, 2018 at Bangkok’sPathumwan Police Station.

On January27, 2018, the seven activists led a peaceful protest of several hundred people onthe Skywalk at Pathumwan intersection in central Bangkok. The protesters were demonstratingagainst the likely postponement of Thailand’s general election until 2019[1].NCPO Head General Prayuth Chan-ocha had previously pledged to hold the polls inNovember 2018.

TheObservatory recalls that the Thai authorities have a long record of judicialharassment against Mr. Rangsiman Rome[2],Mr. Sirawit Seritiwat[3],and Mr. Anon Nampa[4].

TheObservatory condemns the judicial harassment of Mr. Sirawit Seritiwat Ms. NatthaMahatthana, Mr. Rangsiman Rome,Mr. Netiwit Chotipatpaisal,Mr. Ekachai Hongkangwan,Mr. Anon Nampa, and Ms.Sukrit Piansuwan.

TheObservatory expresses concern over what seems to become a growing trend inThailand against freedoms of peaceful assembly and association[5],and urges the Thai authorities to put an end to all forms of harassment,including at the judicial level, against the seven human rights defenders,which seems to only aim at punishing them for their peaceful and legitimatehuman rights activities.

Actions requested:

Please writeto the Thai authorities asking them to:

i. Put an end to all forms of harassment –including at the judicial level – against Mr. Sirawit Seritiwat, Ms. Nattha Mahatthana, Mr. Rangsiman Rome, Mr. Netiwit Chotipatpaisal, Mr. Ekachai Hongkangwan, Mr. Anon Nampa, and Ms. Sukrit Piansuwan, as well as against all human rights defendersin Thailand and ensure in all circumstances that they are able to carry out theirlegitimate activities without any hindrance or fear of reprisals;

ii. Guarantee in all circumstances the right to freedomof peaceful assembly and the right to freedom of opinion and expressionof all human rights defenders in Thailand;

iii. Conform to the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, in particular with Articles 1, 5(b), and 12.2;

iv.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments 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

Please alsowrite to the diplomatic mission or embassy of Thailand in your respectivecountry.

***

Paris-Geneva,January 31, 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 this programmeis 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 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 80949 29

[1] On January 25, 2018, the junta-appointed NationalLegislative Assembly voted to delay the implementation of elections laws by 90days. This would result in a delay of the next general election until at leastFebruary 2019.

[2] See Observatory Urgent Appeals THA 002 / 0617 / OBS072 published on June 29, 2017, THA 002 / 0715 / OBS 055.7 published on October28, 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 onJuly 2, 2015,

[3] See Observatory Urgent Appeals THA 001 / 0116 / OBS008.2 publishedon May 3, 2016, THA 001 / 0116 / OBS 008.1 published on January 25, 2016, THA001 / 0116 / OBS 008 published on January 18, 2016

[4] See Observatory Urgent Appeal THA 001 / 0315 / OBS017 published on March 12, 2015

[5] See Observatory UrgentAppeal THA 001 / 0118 / OBS 010 published on January 25, 2018.