Ongoing judicial harassment against four pro-democracy activists and a journalist

Judicial harassment
Thailand
October 7, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inThailand.

New Information:

The Observatory has been informed by reliable sourcesabout the ongoing judicial harassment against four Neo Democracy Movement (NDM)[1]activists, namely Messrs. PakornAreekul, Anucha Rungmorakot,Anan Loket, and PhanuwatSongsawadchai, as well as Prachatai journalist Mr. Taweesak Kerdpoka for distributingleaflets that urged voters to reject the draft Constitution that was eventuallyadopted in a referendum held on August 7, 2016.

(c) TLHR

Accordingto the information received, on September 21, 2016, the Ratchaburi ProvincialCourt formally charged the five above-mentioned defenders for alleged violationof Article 61 of the Referendum Act[2] after holding a conciliation session. Before the session, the defendantsfiled a petition to the Attorney General at the Ratchaburi ProvincialProsecutors’ Office, requesting the acquittal of the case.

During the hearing, the Court askedthe five defendant to plead guilty so that the sentence could be reduced. Theyrefused to do so as they believed their prosecution aimed at sanctioning theirlegitimate exercise of the right to freedom of expression. If found guilty,they face a sentence of up to 10 years in prison, a fine of 200,000 Thai Baht(approx. 5,125 Euro), and the loss of their electoral rights for 10 years. TheCourt will proceed to a witnesses and evidence deposition at 8.30 am on October17, 2016, as previously scheduled.

The Observatory strongly condemnsthe above-mentioned judicial harassment and calls on the Thai authorities todrop all charges against the five and repeal Article 61 of the Referendum Act. Until all chargesare dropped, the Observatory urges the Thai authorities to ensure all judicialproceedings against the five are carried out in full compliance with their right to afair trial, as guaranteed under international law.

Background Information:

On July 10, 2016, at around 11:30am,officers from the Ban Pong police station in Ratchaburi province detainedMessrs. Pakorn Areekul, Anucha Rungmorakot, Anan Loket, and Taweesak Kerdpoka for allegedviolation of Article 61 of the Referendum Act, after they searchedMr. Pakorn’s pick-up truck and found booklets that criticized Thailand’sdraft Constitution. The three NDM activists had travelled to the Ban Pongpolice station to show support for 18 fellow pro-democracy activists who hadbeen summoned to answer charges of violating the Head of the NCPO Order no.3/2558, which bansgatherings of five or more people. The charges stemmed from the18 activists’ participation in a ceremony to open referendum-monitoring centersin the province on June 16, 2016. Mr. Taweesak was accompanying the threeNDM activists to report on their activity. University student activistMr. Phanuwat Songsawadchai, who had attended the June 16ceremony, was arrested at his home on the same day at 8:20pm.

On July 11, 2016, the RatchaburiProvincial Court released all five, with bail set at 140,000 Thai baht (approx.3,590 Euro) each.

OnJuly 12, 2016, five plainclothes police officers from Sutthisan police stationand a number of soldiers entered the Prachataijournal premises in Bangkok with a search warrant. While the officials did notconfiscate anything, they thoroughly searched the personal desk ofMr. Taweesak in addition to the other journalists’ desks and individuallockers. The authorities also questioned PrachataiExecutive Director Chiranuch Premchaiporn about allegations of thenewspaper’s involvement in printing anti-draft Constitution documents and othermaterial produced by NDM. Ms. Chiranuch denied any involvement of Prachatai in the printing of suchmaterial.

TheObservatory recalls that on June 23, 2016, 13 NDM activists, including Mr. AnanLoket, had beenarrested by military personnel at a market on the eastern outskirts of Bangkokin Samut Prakan province, while handing out leaflets that urged voters toreject the draft Constitution. They were all charged with violating the Head of the NCPO OrderNo. 3/2015, andArticle 61 of the 2016 Constitutional Referendum Act, which bans thedissemination of “false information” about the draft charter with the aim ofinfluencing voters. If found guilty, all 13 could face up to 10 years’ imprisonment,a fine of up to 200,000 Thai baht, and have their right to vote revoked bycourt for up to 10 years under the Referendum Act.

On June 24, 2016, six of theactivists were released on a bail of 50,000 Thai 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”. The other seven activists did not submit bail requests, arguingthat they had done nothing wrong and that they would not accept conditions fortheir release.

On July 6, the Department ofCorrections released six of the seven democracy activists.

The one remaining in detention,Mr. Korakoch Saengyenpan, was transported to the Thonburi policestation because of previous charges he faced in connection with another caseagainst 11 pro-democracy activists who undertook an “advocacy trip” to demandthe opening of an investigation into alleged corruption in theconstruction of the military-sponsored Rajabhakti Park in PrachuabKirikhan province in December 2015. He was finally released on the sameday, July 6, at about 4:30pm. Bail was set at 10,000 Thai baht (approx. 250Euro)[3].

It was reported that the majority ofthe detainees lost weight during the span of their custody.

Actions requested:

Please write to the authorities ofThailand asking them to:

i. Put an end to all acts ofharassment, including at the judicial level, against Messrs. PakornAreekul, Anucha Rungmorakot, Anan Loket,,Phanuwat Songsawadchai, and Taweesak Kerdpoka as well as against all activists charged under theReferendum Act and the Head of the NCPO Order No. 3/2015;

ii. Guarantee in all circumstancesthe physical and psychological integrity of all activists and journalistswho merely exercise their right to freedom of opinion and expression and theirright to freedom of peaceful assembly;

iiii. Repeal the Head of the NCPOOrder No. 3/2015 and amend Article 61 of the Referendum Act;

iv. Guarantee that the exercise offreedom of expression and assembly are not prosecuted under Article 116 of theThai Criminal Code;

v. Put an end to the prosecution ofcivilians in military courts in accordance with international human rights lawthat prohibits governments from using military courts to try civilians whencivilian courts are functioning;

vi. Conform to the provisions of theUN Declaration on Human Rights Defenders, adopted by the General Assembly ofthe United Nations on December 9, 1998, especially its Articles 1 and 12.2;

vii. Ensure in all circumstances respectfor human rights and fundamental freedoms in accordance with internationalhuman rights 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 Missionof Thailand to the United Nations in Geneva, Switzerland, Fax: + 41 22 715 1000 / 10 02; Email: mission.thailand@ties.itu.int

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

Please also write to the diplomaticmission or embassy of Thailand in your respective country.

***

Geneva-Paris, October 7, 2016

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

The Observatory for the Protectionof Human Rights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

[1] The Neo Democracy Movement(NDM) is an organisation advocating for the restoration of democracy, forthe end of trials against civilians before military courts, and for therespect of human rights and freedoms. NDM is driven by five principles:democracy, human rights, justice, public participation, and peaceful means(non-violence).

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

Any person commits theact to cause confusion to affect orderliness of voting shall be punished withimprisonment of not exceeding ten years and a fine of up to 200,000 Baht. TheCourt may order to revoke his/her right to vote of not exceeding five years. Ifthe offences are committed by a group of five persons or more, each personshall be punished with imprisonment of one to ten years, a fine from 20,000 to200,000 baht and a 10-year revocation of voting right by court.

[3] See the Observatory Urgent AppealsTHA 001 / 0116 / OBS 008 of January 18, 2016, THA 001 / 0116 / OBS 008.1 ofJanuary 25, 2016, and THA 001 / 0116 / OBS 008.2 of May 3, 2016.