Continued arbitrary detention of student and pro-democracy activist Mr. Jatuphat Boonpattaraksa (aka Pai)

THA 001 / 0117 / OBS 006.1

Arbitrarydetention /

Judicialharassment

Thailand

February8, 2017

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), hasreceived new information and requests your urgent intervention inthe following situation in Thailand.

New information:

TheObservatory has been informed by reliable sources about the continuedarbitrary detention of student and pro-democracy activist Mr. Jatuphat Boonpattaraksa (aka Pai), amember of the Dao Din group[1] and the New Democracy Movement (NDM)[2].

Accordingto the information received, on February 1, 2017, the Khon Kaen ProvincialCourt approved the police request to detain Mr. Jatuphat for 12 more days. Thecourt also refused to grant him bail for the sixth time. The hearing was heldbehind closed doors and individuals who wanted to support Mr. Jatuphat wereprevented from entering the courtroom. The court set the next hearing toconsider the police request for an extension of Mr. Jatuphat’s detention forFebruary 10, 2017. On February 6, 2017, the court announced that the upcominghearing would be held behind closed doors.

Thelatest extension of Mr. Jatuphat’s detention stemmed from a police request tobe given more time to examine CDs belonging to Mr. Jatuphat that could be usedas evidence against the defendant.

Mr.Jatuphat is being detained in Khon Kaen Provincial Correctional Institutionon lese-majesté charges under Article 112 of the Criminal Code and the ComputerCrimes Act. The charges stem from a Facebook post in which Mr. Jatuphat shareda critical profile of Thai King Maha Vajiralongkorn Bodindradebayavarangkun,published on the BritishBroadcasting Corporation (BBC) Thai language service’s website on December2, 2016.

Sincethe beginning of his detention, Mr. Jatuphat has lost six kilograms and hasbeen subjected to abusive cavity searches on several occasions after he returnedto the Khon Kaen Provincial Correctional Institution from court hearings.

TheObservatory noted that, to date, Mr. Jatuphat is the only individual whohas been arrested and charged among the approximately 3,000 web users whoshared the BBC profile ofthe Thai King on Facebook.

TheObservatory condemns the arbitrary detention and judicial harassment ofMr. Jatuphat, which seem only to be aimed at sanctioning his legitimatehuman rights activities.

TheObservatory urges Thai authorities to ensure Mr. Jatuphat’s physical andpsychological integrity and to immediately and unconditionally releasehim.

Background information:

Arrestedon December 3, 2016, Mr. Jatuphat was released on a 400,000 Thai baht(approx. 10,620Euros) bail the following day. However, onDecember 22, 2016, the Khon Kaen Provincial Court approved a policerequest to revoke Mr. Jatuphat’s bail after he posted a sarcastic Facebook messagethat read: “The economy is poor so they [the authorities] took my bailmoney”.

OnJanuary 6, 2017, the Khon Kaen Provincial Court read behind closeddoors the Supreme Court’s decision to dismiss a motion to overturn thebail revocation order filed by Mr. Jatuphat’s lawyers on December 29,2016. On the same day, the Khon Kaen Provincial Court approvedthe police request to detain Mr. Jatuphat for another 12 days,from January 9 to 20, 2017.

OnJanuary 13, 2017, the Khon Kaen Provincial Court refused to grant bail toMr. Jatuphat for the fifth time. In addition, on January 16, 2017, thesame court rejected a request filed by Mr. Jatuphat’s legal team thatsought the release of their client so he could sit his final exam atKhon Kaen University on January 17-18, 2017. The exam is mandatory tocomplete his bachelor’s degree in law.

OnJanuary 20, 2017, following a hearing behind closed doors, the Khon KaenProvincial Court approved the police request for an extension of Mr. Jatupat’sdetention from 21 January 21 to February 1, 2017, citing the ongoinginvestigation.

Actions requested:

Please writeto the Thai authorities asking them to:

i.Guarantee in all circumstances the physical and psychological integrityof Mr. Jatuphat Boonpattaraksa, as well as that of all humanrights defenders in Thailand;

ii. Immediately and unconditionally release Mr. Jatuphat Boonpattaraksa ashis detention is arbitrary since it only seems to aim at sanctioninghis human rights activities;

iii. Put an end to any kind of harassment - including at the judiciallevel - against Mr. Jatuphat Boonpattaraksa, as well as all human rightsdefenders in Thailand;

iv.Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations onDecember 9, 1998, in particular with its Articles 1, 6, 9, and 12.2;

v.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

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

· Suwaphan Tanyuvardhna,Minister of 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,Chairperson of the 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 inGeneva, 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

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

***
Paris-Geneva, February 8, 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 FIDH and OMCT. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. FIDH and OMCT areboth members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contact the Observatory, call the emergency 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
  
  

[1] Dao Din is a human rights group that supports communities inupholding their rights in relation to human rights violations connected todevelopment projects and extractive industries. The group has beenengaging in peaceful protests against the restrictions to the right tofreedom of assembly in the aftermath of the May 2014 military coup.

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