Ongoing judicial harassment against seven KRBKG members

THA 003 /0717 / OBS 075.1
Judicial harassment

Thailand
July 27, 2017

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:

TheObservatory has been informed by reliable sources aboutthe ongoing judicial harassment against seven members of the Khon Rak Ban Kerd Group (KRBKG), acommunity-based group committed to the defence of the local environment fromthe negative impacts of an open-pit copper-gold mine, operated by the Tungkumcompany in Thailand’s Loei Province[1].

(c) TLHR

Accordingto the information received, on July 25, 2017, Ms. Pornthip Hongchai, Ms. VironRujichaiyavat, Ms. Ranong Kongsaen,Ms. Mon Khunna, Ms. Suphat Khunna, Ms. Boonraeng Srithong, and Ms. LumplearnRuengrith, seven women members of KRBKG, were formally indicted by the LoeiProvincial Court Prosecutor under Articles 4, 8, 10, 27 and 28 of the PublicAssembly Act and Sections 83, 91 and 309 ofthe Criminal Code. The seven defenders were briefly placed inthe custody of the court while they awaited indictment and a bail order. Ataround 2pm, the seven women were granted temporary release without therequirement of a bail deposit but on the condition that they report themselvesto Loei ProvincialCourt on August 11, 2017 and on any subsequentoccasions when ordered by the court until the trial is completed.

The seven were indicted fortheir involvement in legitimate human rights activities on November 16, 2016,when more than 200 KRBKG members and villagers marched from Ban Na Nong Bong villageto the KhaoLaung Sub-District Administrative Council Office in Loei Province,and peacefully staged a peaceful sit-in protest in front of the Council meetingroom. The protest was aimed at demanding community participation in thedecision-making process ahead of a scheduled meeting of the Council to decidewhether to grant Tungkum permission to use forest land for their miningoperations.Members of the Administrative Council ultimately called off the scheduledmeeting due to the protest and filed a complaint with the police (see background information).

TheObservatory recalls that this case is one of the 21 criminal and civilcomplaints initiated against villagers in Loei Province, 19 of which were filedby Tungkum. Thai authorities filed the two other complaints against thevillagers. Tungkum previously brought a defamation lawsuitagainst three of the seven women, Ms. Viron Rujichaiyavat, Ms. Pornthip Hongchai, and Ms. Mon Khunna[2], before theLoei Provincial Court dismissed the caseon March 30, 2016.

TheObservatory strongly condemns the acts of ongoing judicial harassment againstthe seven women and other members of KRBKG, which only aims at punishing themfor their legitimate human rights activities. The Observatory calls upon both the Thai judicialauthorities and Tungkum to end all forms ofharassment - including at the judicial level - against all of the above-mentioned defenders, and drop all charges against them.

Background information:

On March 8, 2017, police in WangSaphung District, Loei Province, charged the seven women KRBKG members forallegedly violating Article 309 of Thailand’s Criminal Code forforcing local council members to cancel a scheduled meeting.In addition, Ms. Pornthip Hongchai, one of the leaders andspokespersons of KRBKG, was charged under Articles 10and 28 of the Public Assembly Act for failing to notify the authorities aboutthe protest. The case was then transferred to the Public Prosecutor todecide whether to indict the women based on the police investigation.

OnJune 13, 2017, the police filed additional charges against the seven womenunder Articles 8 and 24 of the Public Assembly Act for holding a publicgathering that blocks entries or disrupts service of government agencies. Theoffense carries a maximum penalty of six months in prison and a 10,000 THB (258 EUR) fine, orboth.

On June 27, 2017, the PublicProsecutor again postponed the indictment of the seven women KRBKG members. Theindictment was originally scheduled for May 25, 2017, but was postponed firstto June 27, 2017 and finally to July 25, 2017. TheObservatory considers this series of postponements amounts to additionalharassment against the seven defenders.

Theseven women human rights defenders are each facing up to five years in prisonand a 100,000 THB (about 2,586 EUR) fine, or both. Ms. Pornthip Hongchai facesadditional fine of up to 10,000 THB (258 EUR) for the extra charge underArticle 10 of the Public Assembly Act.

Actionsrequested:

Please write to the authorities of Thailand asking them to:

i.Immediately and unconditionally put an end to all acts of judicial harassment -including at the judicial level - against the seven above-mentioned womendefenders, all members ofthe Khon Rak Ban Kerd Group as well as against all human rightsdefenders in Thailand;

ii.Guarantee in all circumstances the physical and psychological integrity of allhuman rights defenders in Thailand;

iii. Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, especially its Articles 1 and Article 12.2;

iv. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Thailand.

Addresses:

· Gen Prayuth Chan-ocha,Prime Minister 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

· Mr. Suwaphan Tanyuvardhna, Ministerof Justice of Thailand, Fax: +66 (0) 2 953 0503

· Pol Gen ChaktipChaijinda, Commissioner-General of the Royal Thai Police, Fax: +66 (0) 2251 5956 / +66 (0) 2 251 8702

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

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

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

· Mr. WichitChiamwichitkun, Chief Executive Director and Chairman of the Executive Board,Tongkah Harbour Public Company Limited (of which Tungkum Ltd. is a subsidiarycompany), Bangkok, Thailand, Fax: +66 2 694 4420, +66 2 695 4901; Email: info@tongkahharbour.com.

Pleasealso write to the diplomatic mission or embassy of Thailand inyour respective country.

***
Geneva-Paris, July 27, 2017

Kindly inform us of any action undertaken quoting the code of this appealin your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997by the World Organisation Against Torture (OMCT) and FIDH. The objective ofthis programme is to prevent or remedy situations of repression againsthuman rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

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

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

[1] Villagersfrom six communities near the mine formed the KRBKG in 2007 to advocate for aclean environment and to oppose the mining operations. On March 7, 2016, theNational Human Rights Commission of Thailand honoured women of the KRBKG with aprestigious human rights defenders award for their role in bringing attentionto critical human rights problems in Thailand.

[2] Along with Mr. Suraphan Rujichaiwat, Mr. Khonglai Phakmi,and Mr. Samai Phakmi. SeeObservatory’s Urgent Appeal THA 002 / 0316 / OBS 029, published on March 31,2016.