Arrest, judicial harassment, and restrictions to freedom of association against 13 activists of the New Democracy Movement

Judicialharassment /

Releaseon bail /

Restrictionsto freedom of assembly

Thailand
July 4, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and FIDH, requests your urgentintervention in the following situation in Thailand.

Description of the situation:

TheObservatory has been informed by reliable sources of the arrest, judicialharassment, and restrictions to freedom of association faced by 13 activists ofthe New Democracy Movement (NDM)[1],namely Messrs. RangsimanRome[2], KorakochSaengyenpan, Anan Loket, Thirayut Napnaram, Rackchart Wong-arthichart, YuttanaDasri, Worawut Butmat, Somsakol Thongsuksai, Nantapong Panmat and Misses Tueanjai Waengkham,Pimai Ratwongsa, Konchanok Tanakhun, and Phanthip Saengathit.

According to the information received, on June 23, 2016, at around 5.30pm, the aforementioned 13 activists were arrested by military personnel at themarket of Kan Keha Bang Phli Community on the eastern outskirt of Bangkok in SamutPrakan Province, while handing out leaflets and other campaign material thaturged voters to reject the drat constitution in a referendum to be held onAugust 7, 2016.

All the activists were apprehended and taken to the Bang Sao ThongPolice Station and their campaign material was confiscated. They were held inpolice custody overnight and were all charged with violating the Head of theNational Council for Peace and Order (NCPO) Order no. 3/2558[3], which bans gatherings of five or more people, and Article 61 of the 2016Constitutional Referendum[4], which bans the dissemination of “false information” about the draftcharter with the aim of influencing voters. If found guilty, all 13 could faceup to 10 years of imprisonment, a fine of up to 200,000 Baht (approx. 5,125Euro), and have their right to vote revoked by court for up to 10 years underthe Referendum Act.

On June 24, 2016, the 13 activists were brought tothe pre-trial remand hearing at the Bangkok Military Court, where the police askedthe court to have them remanded for 12 days in order to provide sufficient timeto conduct the investigation, as well as for fear of repetition of the crime.The court dismissed the motion filed by the defendants’ attorney to object to thepolice request and approved the pre-trial remand.

Sixof the activists were released on a bail of 50,000 Baht (approx. 1,280 Euro) each,under the conditions that they must “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”.

Theother seven activists did not submit bail requests, arguing that they had donenothing wrong and that they would not accept conditions for their release. Theywere remanded in custody at the Bangkok Remand Prison until July 5, 2016, whenthe defendants’ attorney is expected to file another motion to object to a furtherremand.

TheObservatory recalls that this is not the first time that members of the NDM havebeen arbitrarily arrested and detained for the legitimate exercise of theirright to freedom of expression, association, and assembly. On June 25, 2015,the 14 NDM members were arrested and charged as a result of their campaign todemand democracy and were finally released on July 7, 2015, after their havingbeen remanded in prison for 12 days[5].

TheObservatory strongly condemns the arbitrary arrest, detention, andjudicial harassment against the 13 NDM activists, which only aim atsanctioning their legitimate human rights activities.

The Observatory calls on the Thai authorities to drop immediately andunconditionally all charges against the 13 activists, and repeal theHead of the NCPO Order no. 3/2558, which failsto comply with international human rights instruments ratified by Thailand.

Actionsrequested:

Please write to the authorities of Thailand asking them to:

i. Drop all charges against the 13 NDM activists, immediately andunconditionally release the 7 NDM activists still detained, and end allacts of judicial harassment against them and all human rights defenders inThailand;

ii.Guarantee in all circumstances the physical and psychological integrity ofthe 13 activists;

iii.Repeal the Head of the NCPO Order No. 3/2015 banning gatherings of five or morepeople;

iv.Guarantee that the exercise of freedom of expression and assembly are notprosecuted under Article 116 of the Thai Criminal Code (‘sedition’);

v.Put an end to the prosecution of civilians in military courts in accordancewith international human rights law that prohibits governments from usingmilitary courts to try civilians when civilian courts are functioning;

vi.Conform with the provisions of the UN Declaration on Human Rights Defenders,adopted by the General Assembly of the United Nations on December 9, 1998,especially its Articles 1 which states that “everyone has the right,individually and in association with others, to promote and to strive forthe protection and realisation of human rights and fundamentalfreedoms at the national and international levels”, and Article 12.2,which provides that “the State shall take all necessary measures to ensurethe protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimateexercise of the rights referred to in the present Declaration”;

vii.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and international instrumentsratified 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 Mission ofThailand to the United Nations in Geneva, Switzerland, Fax: + 41 22 715 10 00 /10 02; Email: mission.thailand@ties.itu.int

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

Please also write to the diplomatic mission orembassy of Thailand in your respective country.

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

[2] Mr. Rangsiman Rome was arrested also on June26, 2015 and has another trial pending for violating the Head of the NationalCouncil for Peace and Order (NCPO) Order no. 3/2558. See the Observatory UrgentAppeal THA 002 / 0715 / OBS 055,issued on July 2, 2015.

[3] Article 12 states that political gatherings of five or more persons shall be punishedwith imprisonment not exceeding sixmonths or a fine not exceeding ten thousand Baht, or both, unlesspermission has been granted by the Head of the NCPO or an authorizedrepresentative.

[4] Article 61 states that any person who commitsfollowing acts; (1) To cause confusion to affect orderliness of voting ;(2) […] Anyone who publishes 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 voterswill either not exercise their right to vote, or vote in a certain way, or notvote, shall be considered as a person causing confusion to affect orderlinessof voting.
Any person commits the act tocause confusion to affect orderliness of voting shall be punished with imprisonment of not exceeding ten years and afine of up to 200,000 Baht. The Court may order to revoke his/her right to voteof not exceeding five years. If the offences are committed by a group offive persons or more, each person shall be punished with imprisonment of one toten years, a fine from 20,000 to 200,000 baht and a 10-year revocation ofvoting right by court.

[5] See the Observatory Urgent Appeal THA 002 / 0715 / OBS 055, of July 2,2015, and THA 002 / 0715 / OBS 055.1 of July 16, 2015.