Still ongoing judicial harassment of Mr. Andy Hall, a migrant labour rights researcher

Newinformation

THA003 / 0815 / OBS 067.1

Judicial harassment

Thailand

August 25, 2015

The Observatory for the Protection of HumanRights Defenders, a joint programme of the International Federation for HumanRights (FIDH) and the World Organisation Against Torture (OMCT) has receivednew information and requests your urgent interventionin the following situation in Thailand.

New information:

The Observatory has been informed by reliablesources about the ongoing judicial harassment of Mr. Andy Hall, amigrant labour rights researcher.

According to the information received, on August24, 2015, Bangkok South Criminal Court indicted Mr. Hall under Article 14(1) ofthe Computer Crimes Act and Article 328 of the Thai Criminal Code in a casefiled by the Thai pineapple processing company Natural Fruit. The convictioncarries a maximum penalty of seven years’ imprisonment. Following thisdecision, Mr. Hall is expected to be summoned to appear in court. He will thenbe detained while awaiting trial and will have an opportunity to seek releaseon bail.

The complaint stems from Mr. Hall’s contributionto a report published in 2013 by the Finnish NGO Finnwatch that alleged seriouslabour rights abuses at the Natural Fruit company’s factory in Prachuap KhiriKhan Province. Mr. Hall is facing other criminal and civil lawsuits followingsimilar complaints by Natural Fruit. (see background information).

The Observatory firmly condemns the ongoingjudicial harassment against Mr. Hall as it clearly aims at sanctioning hislegitimate human rights activities.

The Observatory calls upon the Thai authoritiesto immediately and unconditionally drop all charges against him.

Backgroundinformation:

Since February 2013, Natural Fruit has filedfour criminal and civil lawsuits against Mr. Hall for defamation and computercrimes in relation to Mr. Hall’s contribution to a report by the Finnish NGOFinnwatch that alleged serious labour rights abuses at the company’s factory inPrachuap Khiri Khan Province. Published in 2013, the report, Cheap has ahigh price: Responsibility problems relating to international private label productsand food production in Thailand, gathered worker interviews in order to documentlabour rights violations at the factory, including child labour, underpaymentof wages, confiscation of migrant workers’ travel and work documents, andfailure to provide legally mandated paid sick days, holidays and leave[1].

The criminal charges carry a maximum of sevenyears in prison and a fine of about 10.3 million Euro in damages. Phra Khanong Provincial Court dismissed the first criminaldefamation case on October 29, 2014, due to Mr. Hall’s unlawful interrogationprocess under Section 120 of the Criminal Procedure Code[2].However, the AttorneyGeneral Office subsequently appealed the court’s dismissal of the case and adecision on the appeal is expected for September 25, 2015.

Actions requested:

Please writeto the Thai authorities asking them to:

i. Dropall charges against Mr. Andy Hall and put an end to all acts of judicialharassment against him and all human rights defenders in Thailand;

ii. Guarantee in all circumstances thephysical and psychological integrity of Mr. Andy Hall, as well as that of all human rights defendersin Thailand;

iii. Conformwith the provisions of the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, in particularwith its:

-Article 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”;

-Article 6.c, which stipulates that everyone has the right [...] “to study,discuss, form and hold opinions on the observance, both in law and in practice,of all human rights and fundamental freedoms and, through these and otherappropriate means, to draw public attention to those matters”;

- Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

iv. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Thailand.

Addresses:

· Prime Minister, GenPrayuth Chan-ocha, Government House, 1, Phitsanulok Road, Dusit, 10300,Bangkok, THAILAND; Fax: +66 (0) 2282 5131

· Minister of Interior,Gen Anupong Paochinda, Asatang Road, Ratchabophit, 10200, Bangkok, THAILAND

· Minister of ForeignAffairs, Gen Tanasak Patimapragorn, Sri Ayutthaya Building, 443 Sri AyutthayaRoad, Phaya Thai, 10400, Bangkok, THAILAND; Fax: +66 (0) 2 643-5320; Email: minister@mfa.go.th

· Minister of Justice, GenPaiboon Khumchaya, 120, Chaeng Watthana Road, Laksi, 10210, Bangkok, THAILAND;Fax: +66 (0) 2 953-0503

· Pol Gen SomyotPoompanmoung, Commissioner-General of the Royal Thai Police, 1st Building, 7thFloor, Rama I Road, Pathumwan, 10330, Bangkok, THAILAND; Fax: +66 (0) 2 2515956 / +66 (0) 2 251 8702

· Ms. Amara Pongsapich,Chairperson of the National Human Rights Commission of Thailand; 120, ChaengWatthana Road, Laksi, 10210, Bangkok, THAILAND; Email: help@nhrc.or.th

· Permanent Mission ofThailand to the United Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva,Switzerland, Tel: + 41 22 715 10 10; Fax: + 41 22 715 10 00 / 10 02; Email: mission.thailand@ties.itu.int

· Embassyof Thailand in Brussels, 2 Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Tel:+ 32 2 640 68 10; 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.

[1] See Finnwatch’s report on http://www.finnwatch.org/en/news/180-serious-human-rights-violations-behind-european-food-brands

[2] See the Observatory's Joint Press Release, July 20, 2015 and Joint Open Letter,August 8, 2014.