Sentence against student and pro-democracy activist Jatuphat Boonpattaraksa (aka Pai)

THA001 / 0117 / OBS 006.2

Sentence/

Arbitrary Detention

Thailand

August 17, 2017

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT), has received new information and requests your urgentintervention in the following situation in Thailand.

New information:

The Observatory has been informed by reliablesources about the sentence against student and pro-democracy activist Mr. Jatuphat Boonpattaraksa (aka Pai), amember of the Dao Din group[1]and the New Democracy Movement (NDM)[2].

According to the information received, on August 15, 2017,following a closed-door hearing, the Khon Kaen Provincial Court sentenced Mr.Jatuphat to five years in prison under Article 112 of the Criminal Code(lèse-majesté)[3]for sharing on his Facebook page a profile of Thai King Maha VajiralongkornBodindradebayavarangkun, published on the BritishBroadcasting Corporation (BBC) Thai language service’s website (seebackground information).

The court reduced the sentence to two years andsix months in consideration of Mr. Jatuphat’s guilty plea[4].

Mr. Jatuphat has been arbitrarily detained inKhon Kaen Prison since December 22, 2016 and denied bail on numerous occasions.Furthermore, to date, Mr. Jatuphat is still facing several charges in otherongoing cases (see background information).

The Observatory noted that, to date, Mr. Jatuphat isthe only individual who has been arrested and charged among the approximately3,000 web users who shared the BBCprofile of the Thai King on Facebook. It is believed that the charges againsthim are aimed at punishing him for his legitimate human rights activities andsilencing dissident critical voices in Thailand.

The Observatory condemns the conviction,imprisonment, and ongoing judicial harassment of Mr. Jatuphat and urges theThai authorities to immediately release him and drop all charges against him.

Background information:

On December 3, 2016, Mr. Jatuphat Boonpattaraksawas arrested for sharing on Facebook a profile of Thai King Maha VajiralongkornBodindradebayavarangkun, published on the British Broadcasting Corporation (BBC) Thai language service’swebsite on December 2, 2016.

The following day, Mr. Jatuphat was released ona 400,000 Thai baht (approx. 10,620 Euros) bail.

However, on December 22, 2016, the Khon KaenProvincial Court approved a police request to revoke Mr. Jatuphat’s bail afterhe posted a sarcastic Facebook message that read: “The economy is poor so they[the authorities] took my bail money”. Since then, Mr. Jatuphat has beendetained in Khon Kaen Provincial Correctional Institution.

The Observatory was also informed about abusivecavity searches to which Mr. Jatuphat has been subjected on several occasionsafter returning to Khon Kaen Provincial Correctional Institution from courthearings.

Mr. Jatuphathas faced arrest and legal action on numerous occasions in connection with hisparticipation in peaceful pro-democracy activities. On November 19, 2014, Mr.Jatuphat and four other student activists were arrested by police andsubsequently detained by the military for several hours for staging a silentprotest and flashing a defiant three-finger salute while junta head GeneralPrayuth Chan-ocha was delivering a speech during an official visit to KhonKaen.

On May 22,2015, police arrested Mr. Jatuphat along with six fellow members of the ‘DaoDin’ group for staging a peaceful anti-junta demonstration to mark the one-yearanniversary of the military coup at Khon Kaen Democracy Monument. All sevenwere released on bail the next day after being charged with violating NationalCouncil for Peace and Order (NCPO) Order 3/2015, which bans politicalgatherings of more than four people. If convicted by a military court, theycould face prison terms of up to six months or a 10,000 Thai baht (approx. 265Euros) fine.

On June 26,2015, police arrested Mr. Jatuphat along with 13 other student activists for ananti-junta peaceful demonstration at Bangkok’s Democracy Monument a dayearlier. The 14 activists were releasedby the Bangkok Military Court on July 8, 2015 after being charged with violating NCPO Order 3/2015and Article 116 of the Criminal Code (‘sedition’).If convicted under Article 116, Mr. Jatuphat faces up to seven years in prison.

Mr. Jatuphatis facing additional charges under NCPO Order 3/2015 for organizing a publicdiscussion on Thailand’s 2017 constitution at Khon Kaen University on July 31,2016.

On August 6, 2016, Mr. Jatuphat was arrested inChaiyaphum Province for distributing leaflets that urged voters to reject thejunta-backed constitution in the August 7, 2016 referendum. He was released onAugust 19, 2016, after being charged with violating Article 61 of the 2016Referendum Act. If convicted, he could face up to 10 years in prison, a fine ofup to 200,000 baht (approx. 5,310 Euros), and the revocation of his votingrights for a period of up to 10 years.

To date, all the above mentioned cases areongoing and Mr. Jatuphat is still facing all the above mentioned charges.

Actions requested:

Please writeto the Thai authorities asking them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Mr. Jatuphat Boonpattaraksa, as well as that of allhuman rights defenders in Thailand;

ii. Immediatelyand unconditionally release Mr. Jatuphat Boonpattaraksa as his detention isarbitrary since it only seems to aim at punishing him for his human rightsactivities;

iii. Putan end to any kind of harassment – including at the judicial level – againstMr. Jatuphat Boonpattaraksa, as well as all other human rights defenders inThailand;

iv. Conform with the provisions of the UN Declaration onHuman Rights Defenders, adopted by the General Assembly of the United Nationson December 9, 1998, in particular with its Articles 1, 6, 9, and 12.2;

v. Ensure in all circumstances respectfor human rights and fundamental freedoms in accordance with internationalhuman rights standards and international instruments ratified by Thailand.

Addresses:

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

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

· SuwaphanTanyuvardhna, Minister of Justice of Thailand, Fax: +66 (0) 2 953 0503

· Pol Gen ChaktipChaijinda, Commissioner-General of the Royal Thai Police, Fax: +66 (0) 2 2515956 / +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. ThaniThongphakdi, Ambassador, Permanent Mission of Thailand to the United Nations inGeneva, Switzerland, Fax: + 41 22 715 10 00 / 10 02; Email:mission.thailand@ties.itu.int

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

Please also write to the diplomatic mission or embassy of Thailand in yourrespective country

***

Paris-Geneva,August 17, 2017

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 EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

To contact the Observatory, call theemergency line:

• Email: Appeals[at]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 22 809 49 29
  

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

  [3] Article 112 punishes with prison terms of three to 15 years those who are foundguilty of defaming, insulting, or threatening the King, the Queen, the Heir tothe throne, or the Regent.

  [4] The overwhelming majority oflèse-majesté defendants have made guilty plea in order to obtain a significantreduction in their jail sentence.