Arbitrary detention of pro-democracy activist Mr. Jatuphat Boonpattaraksa (aka Pai)

Arbitrary detention /

Judicial harassment

Thailand

January 17, 2017

The Observatory for theProtection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), requests your urgent intervention in thefollowing situation in Thailand.

Description of the situation:

The Observatory has beeninformed by reliable sources about the arbitrary detention and judicialharassment of student and pro-democracy activist Mr. Jatuphat Boonpattaraksa (aka Pai), a member of the Dao Din group[1]and the New Democracy Movement (NDM)[2].

According to theinformation received, on January 13, 2017, the Khon Kaen Provincial Courtrefused to grant bail to Mr. Jatuphat for the fourth time. In addition, onJanuary 16, 2017, the same court rejected a request filed by Mr. Jatuphat’slegal team that sought the release of their client so he could sit his finalexam at Khon Kaen University on January 17-18, 2017. The exam is mandatory to complete hisbachelor’s degree in law. On January 20, police are expected to request anadditional 12-day extension of Mr. Jatuphat’s detention.

Mr. Jatuphat is beingdetained in Khon Kaen Provincial Correctional Institution on lese-majestécharges under Article 112 of the Criminal Code and the Computer Crimes Act. Thecharges stem from a Facebook post in which Mr. Jatuphat shared a profile ofThai King Maha Vajiralongkorn Bodindradebayavarangkun, published on the British Broadcasting Corporation (BBC)Thai language service’s website on December 2, 2016.

The Observatory noted that, to date, Mr.Jatuphat is the only individual who has been arrested and charged among theapproximately 3,000 web users who shared the BBC profile of the Thai King on Facebook. It is believed that thecharges against him are aimed at sanctioning his legitimate human rightsactivities.

Arrested on December 3,2016, Mr. Jatuphat was released on a 400,000 Thai baht (approx. 10,620 Euros)bail the following day. However, on December 22, 2016, the Khon Kaen ProvincialCourt approved a police request to revoke Mr. Jatuphat’s bail after he posted asarcastic Facebook message that read: “The economy is poor so they [theauthorities] took my bail money”.

On January 6, 2017, the Khon Kaen ProvincialCourt read behind closed doors the Supreme Court’s decision to dismiss a motionto overturn the bail revocation order filed by Mr. Jatuphat’s lawyers onDecember 29, 2016. On the same day, the Khon Kaen Provincial Court approved thepolice request to detain Mr. Jatuphat for another 12 days, fromJanuary 9 to 20, 2017.

In addition, theObservatory has been informed about abusive cavity searches to which Mr.Jatuphat has been regularly subjected in Khon Kaen Provincial CorrectionalInstitution, every time he returns from a court hearing.

The Observatory condemnsthe arbitrary detention and judicial harassment of Mr. Jatuphat, which seemonly to be aimed at sanctioning his legitimate human rights activities.

The Observatory urges Thaiauthorities to ensure Mr. Jatuphat’s physical and psychological integrity andto immediately and unconditionally release him.

Actions requested:

Pleasewrite to the Thai authorities asking them to:

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

ii. Immediately and unconditionally release Mr. Jatuphat Boonpattaraksaas his detention is arbitrary since it only seems to aim at sanctioning hishuman rights activities;

iii. Put an end to any kind ofharassment - including at the judicial level - against Mr. JatuphatBoonpattaraksa, as well as all human rights defenders in Thailand;

iv. 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 Articles 1, 6, 9, and 12.2;

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

Addresses:

· Gen Prayuth Chan-ocha, PrimeMinister of Thailand, Fax: +66 (0) 2 282 5131

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

· Suwaphan Tanyuvardhna, Minister ofJustice of Thailand, Fax: +66 (0) 2 953 0503

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

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

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

· Embassy of Thailand in 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,January 17, 2017

Kindly inform us of any action undertaken quoting the code of this appeal inyour reply.

The Observatory for the Protectionof Human Rights Defenders (the Observatory) was created in 1997 by FIDH andOMCT. The objective of this programme is to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both members ofProtectDefenders.eu, the European Union Human Rights Defenders Mechanismimplemented by international civil society.

[1] Dao Din is a human rights group thatsupports communities in upholding their rights in relation to human rightsviolations connected to development projects and extractive industries. Thegroup has been engaging in peaceful protests against the restrictions to theright to freedom of assembly in the aftermath of the May 2014 military coup.

[2] The NDM is an organisationadvocating for the restoration of democracy, the end of trials of civiliansbefore military courts, and the respect of human rights and freedoms. NDM isdriven by five principles: democracy, human rights, justice, publicparticipation, and peaceful means (non-violence).