Ongoing harassment of Prachatai journalist Taweesak Kerdpoka by Thai authorities

Judicial harassment
Thailand
July 14, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, received new informationand requests your urgent intervention in the followingsituation in Thailand.

New Information: The Observatory has been informed by reliable sources about the Thaiauthorities’ ongoing harassment of Prachatai journalist Mr. Taweesak Kerdpoka after his releasefrom detention on July 11, 2016 (see background information).According to the information received, on July 12, 2016, five plainclothes policeofficers from Sutthisan Police Station anda number of soldiers entered the Prachatai journal premises in Bangkok with asearch warrant. While the officials did not confiscate anything, theythoroughly searched the personal desk of Mr. Taweesak in addition to the otherjournalists’ desks and individual lockers. The authorities also questionedPrachatai Executive Director Chiranuch Premchaiporn about allegations of theorganization’s involvement in printing anti-draft constitution documents and othermaterial produced by the Neo Democracy Movement (NDM)[1].Ms. Chiranuch denied any involvement of Prachatai in the printing of suchmaterial.

TheObservatory strongly condemns the Thai authorities for this act of intimidationand harassment towards Mr. Taweesak and all the Prachatai staff, as they are clearly aimed at sanctioning theirlegitimate human rights activities, and calls upon the authoritiesto immediately and unconditionally put an end to all acts of harassmentagainst them, as well as against all human rights defenders in the country.

The Observatory callson the Thai authorities to drop all charges against Mr. Taweesak under Article61 of the Referendum Act[2], amend this clause, and repeal the Head of the NationalCouncil for Peace and Order (NCPO) Order no. 3/2558[3]. Article 61 of the Referendum Act and Head of the NCPO Order no. 3/2558do not comply with international human rights conventions ratified by Thailand,especially with respect to the right to freedom of expression and the right tofreedom of peaceful assembly.

Until all charges aredropped, the Observatory urges the Thai authorities to ensure all judicialproceedings against Mr. Taweesak are carried out in full compliance with his rightto a fair trial, as protected under international law. Furthermore, theObservatory urges the Thai authorities to grant adequate reparations to humanrights defenders who have been arbitrarily detained.

Background Information:

On June 23, 2016, at around 5.30pm, 13NDM activists, namely Messrs. Rangsiman Rome[4], Korakoch Saengyenpan, Anan Loket, Thirayut Napnaram, Rackchart Wong-arthichart, YuttanaDasri, Worawut Butmat, Somsakol Thongsuksai, Nantapong Panmat and Misses Tueanjai Waengkham, Pimai Ratwongsa, Konchanok Tanakhun,and Phanthip Saengathit, were arrested bymilitary personnel at the market of Kan Keha Bang Phli community on the easternoutskirts of Bangkok in Samut Prakan province, while handing out leaflets thaturged voters to reject the draft constitution in a referendum to be held onAugust 7, 2016.

All the activists were apprehended and taken to the Bang Sao Thong policestation and their campaign material was confiscated. They were held in policecustody overnight and were all charged with violating the Head of the NCPOOrder no. 3/2558, which bans gatherings of five or more people, and Article 61of the 2016 Constitutional Referendum Act, which bans the dissemination of“false information” about the draft charter with the aim of influencing voters.If found guilty, all 13 could face up to 10 years’ imprisonment, a fine of upto 200,000 Baht (approx. 5,125 Euro), and have their right to vote revoked bycourt for up to 10 years under the Referendum Act.

On June 24, 2016, the 13 activists were brought totheir pre-trial remand hearing at the Bangkok Military Court, where the policeasked the court to have them remanded for 12 days in order to providesufficient time to conduct the investigation, as well as for fear of repetitionof the crime. The court dismissed the motion filed by the defendants’ attorneyto object to the police request and approved the pre-trial remand.

Sixof the activists were released on a bail of 50,000 Baht (approx. 1,280 Euro)each, under the condition that they do “not get involved with any act aimed toinstigate, disrupt public order, persuade, compel people to rise up by anymeans possible in order to make possible any public assembly which may bringabout public disorder or cause any harm or infringement on peace, order or themoral high ground of the people or any act which may induce people to commit alegal offence”.

Theother seven activists did not submit bail requests, arguing that they had donenothing wrong and that they would not accept conditions for their release. Theywere remanded in custody at the Bangkok Remand Prison until July 5, 2016, whenthe defendants’ attorney was expected to file another motion to object to afurther remand.

On July 6 ataround 8.30am, theDepartment of Corrections released six of the seven democracy activists, after onJuly 5, 2016, at approximately 3.15pm, the Bangkok Military Court rejected a police request toextend the detention of the seven activists for another 12 days.

Mr. Korakoch Saengyenpan was not released andwas transported to the Thonburi police station because of previous charges hefaced in connection with another case against 11 pro-democracy activists whoundertook an “advocacy trip” to demand the opening of an investigationinto alleged corruption in the construction of the military-sponsoredRajabhakti Park in Prachuab Kirikhan province in December 2015[5].He was finally released on the same day,July 6, at about 4:30pm. Bail was set at 10,000 Thai baht (approx. 250 Euro).

It has beenreported that the majority of the detainees lost weight during the span oftheir custody. Most notably, Mr. Rangsiman Rome is said to have lost at least10 kg during his 12-day detention.

OnJuly 10, 2016, at around 11:30am, officers from the Ban Pong police station inRatchaburi province detained three other NDM activists, Messrs. PakornAreekul, Anucha Rungmorakot, and Anan Loket, and Prachataijournalist Mr. Taweesak Kerdpoka for alleged violation of Article 61 ofthe Referendum Act, after they searched Mr. Pakorn’s pick-up truck and foundbooklets that criticized Thailand’s draft constitution. The three NDM activistshad travelled to the Ban Pong police station to show support for 18 activistswho had been summoned to answer charges of violating the Head of the NCPO no.3/2558. The charges stemmed from the 18 activists’ participation in a ceremonyto open referendum-monitoring centers in the province on June 16, 2016. Mr.Taweesak was accompanying the three NDM activists to report on their activity.University student activist Mr. Phanuwat Songsawadchai, who had attendedthe June 16 ceremony, was arrested at his home on the same day at 8:20pm.

OnJuly 11, 2016, the Ratchaburi Provincial Court granted police permission todetain the above-mentioned four activists and journalist. However, at around4:30pm, all five were released, with bail set at 140,000 Thai baht (approx.3,590 Euro) each.

Actionsrequested:

Please write to the authorities of Thailandasking them to:

i. Put an end to all acts of harassment, including at the judiciallevel, against Mr. Taweesak Kerdpoka and all thePrachatai staff, as well as against all human rightsdefenders and journalists in Thailand;

ii. Immediately andunconditionally drop all charges against against all activists charged underthe Referendum Act and the Head of the NCPO Order no. 3/2558;

iii. Guarantee in all circumstances thephysical and psychological integrity of of all activists and journalistswho merely exercise their right to freedom of opinion and expression and theirright to freedom of peaceful assembly;

iv. Repeal the Head of the NCPO Order no. 3/2558banning gatherings of more than five people and amend Article 61 of theReferendum Act;

v. Guarantee that the exercise of freedom ofexpression and assembly are not prosecuted under Article 116 of the ThaiCriminal Code;

vi. Put an end to the prosecution of civiliansin military courts in accordance with international human rights law thatprohibits governments from using military courts to try civilians when civiliancourts are functioning;

vii. Conform to the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, especially its Articles 1 and 12.2;

viii. Ensure in all circumstances respect forhuman rights and fundamental freedoms in accordance with international humanrights standards and international instruments ratified by Thailand.

Addresses:

· GenPrayuth Chan-ocha, Prime Minister of Thailand, Fax: +66 (0) 2 282 5131

· DonPramudwinai, Minister of Foreign Affairs, Fax: +66 (0) 2 643 5320; Email: minister@mfa.go.th

· GenPaiboon Khumchaya, Minister of Justice, Fax: +66 (0) 2 953 0503

· PolGen Somyot Poompanmoung, Commissioner-General of the Royal Thai Police, Fax:+66 (0) 2 251 5956 / +66 (0) 2 251 8702

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

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

· H.E.Ms. Busaya Mathelin, Ambassador, Embassy of Thailand in Brussels,Belgium, Fax: + 32 2 648 30 66; Email: thaibxl@thaiembassy.be

Please also write to the diplomatic mission or embassyof Thailand in your respective country.

[1] The NeoDemocracy Movement (NDM) is an organisation advocating for the restorationof democracy, for the end of trials against civilians before militarycourts, and for the respect of human rights and freedoms. NDM is driven byfive principles: democracy, human rights, justice, public participation,and peaceful means (non-violence).

[2] Article 61 states that any personwho commits following acts; (1) To cause confusion to affect orderliness ofvoting; (2) […] Anyone who publishes text, images or sound, through eithernewspaper, radio, television, electronic media or other channels, that iseither untruthful, harsh, offensive, rude, inciting or threatening, with theintention that voters will either not exercise their right to vote, or vote ina certain way, or not vote, shall be considered as a person causing confusionto affect orderliness of voting.

Any personcommits the act to cause confusion to affect orderliness of voting shall bepunished with imprisonment of not exceeding ten years and a fine of up to200,000 Baht. The Court may order to revoke his/her right to vote of notexceeding five years. If the offences are committed by a group of five personsor more, each person shall be punished with imprisonment of one to ten years, afine from 20,000 to 200,000 baht and a 10-year revocation of voting right bycourt.

[3] Article 12 of the Head of NCPOOrder no. 3/2558 states that politicalgatherings of five or more persons shall be punished with imprisonmentnot exceeding six months or a fine notexceeding 10,000 Baht, or both, unless permission has been granted bythe Head of the NCPO or an authorized representative.

[4] Mr. Rangsiman Rome was arrested alsoon June 26, 2015, and has another trial pending for violating the Head of theNCPO Order no. 3/2558. See the Observatory Urgent Appeal THA 002 / 0715 / OBS 055, issued on July2, 2015.

[5] See theObservatory Urgent Appeals THA 001 / 0116 / OBS 008 of January 18, 2016, THA 001 / 0116 / OBS 008.1of January 25, 2016, and THA 001 / 0116 / OBS 008.2 of May 3, 2016.