Dismissal of charges against seven women environmental rights defenders and KRBKG members

Thailand
April 20, 2018

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

Newinformation:

The Observatory has been informed by reliable sources about the dismissal ofcharges against seven women environmental rights defenders, members of the Khon Rak Ban Kerd Group(KRBKG), a community-based group committed to the defence of the localenvironment from the negative impacts of an open-pit copper-gold mine, operatedby the Tungkum company in Thailand’s Loei Province[1].

According to the informationreceived, on April 19, 2018, the Loei Provincial Court dropped all pending chargesagainst Ms. Pornthip Hongchai, Ms. Viron Rujichaiyavat, Ms. Ranong Kongsaen, Ms. Mon Khunna, Ms. Suphat Khunna, Ms. BoonraengSrithong, and Ms. LumplearnRuengrith. The seven KRBKG members were facingcriminal charges and more than five years in prison forpeacefully protesting against the local gold mine in November 2016 (seebackground information).

The Courtfound the seven environmental defenders not guilty of violating the Public Assembly Act since the gathering of villagers and KRBKG members did not qualify as a public assembly as it was hostedby the local administrative office. When rendering itsverdict, the Court further stated they had merely exercised their right to free expression, which is upheld by theConstitution.

The Observatory welcomes the dismissal of charges against Ms. Pornthip Hongchai, Ms. Viron Rujichaiyavat,Ms. Ranong Kongsaen, Ms. Mon Khunna, Ms. Suphat Khunna, Ms. Boonraeng Srithong,and Ms. Lumplearn Ruengrith, but firmly condemns the judicial harassment theywere subjected to with the aim to punish them fortheir legitimate human rights activities. Moreover, the Observatory recalls that this case was onlyone of the 21 criminal and civil complaints initiated against villagers in LoeiProvince, 19 of which were filed by Tungkum.

The Observatory calls upon the Thai authorities to end all forms of harassment - including at thejudicial level - against all human rights defendersin Thailand so that they are able tocarry out their work without hindrance or fear of reprisals.

Backgroundinformation:

On March 8, 2017,police in Wang Saphung District, Loei Province, charged the seven KRBKG membersfor violating Article 309 of Thailand’s Criminal Code forforcing local council members to cancel a scheduled meeting. In addition, Ms. Pornthip Hongchai,one of KRBKG leaders and spokespersons, was charged under Articles 10 and 28 of the Public Assembly Act for failing to notify theauthorities about the protest. The case was then transferred to the PublicProsecutor to decide whether to indict her based on the policeinvestigation.

On June 13, 2017, the police filed additional charges against the seven rightsdefenders under Articles 8 and 24 of the Public Assembly Act for holding apublic gathering that blocks entries or disrupts service of governmentagencies. The offense carries a maximum penalty of six months in prison and a 10,000THB (258 EUR) fine, or both.

On June 27, 2017, thePublic Prosecutor again postponed the indictment of the seven KRBKG members. Theindictment was originally scheduled for May 25, 2017 but was postponed first toJune 27, 2017 and finally to July 25, 2017.

On July 25, 2017, the seven members of KRBKG were formally indicted bythe Loei Provincial Court Prosecutor under Articles 4, 8, 10, 27 and 28 of thePublic Assembly Act and Sections 83, 91 and 309 of theCriminal Code. The seven defenders were briefly placed in the custody of the court while they awaitedindictment and a bail order. At around 2pm, the seven rights defenders weregranted temporary release without the requirement of a bail deposit but on thecondition that they report themselves to LoeiProvincial Court on any occasion when ordered by thecourt until the trial was completed.

The seven were indicted fortheir involvement in legitimate human rights activities on November 16, 2016,when more than 200 KRBKG members and villagers marched from Ban Na Nong Bongvillage to the Khao Laung Sub-District Administrative Council Office in Loei Province, and peacefully staged a peaceful sit-in protest in front of theCouncil meeting room. The protest was aimed at demanding communityparticipation in the decision-making process ahead of a scheduled meeting ofthe Council to decide whether to grant Tungkum permission to use forest landfor their mining operations. Members of theAdministrative Council ultimately called off the scheduled meeting due to theprotest and filed acomplaint with the police.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Immediately and unconditionally put an end to all acts of judicialharassment - including at the judicial level - against all human rightsdefenders in Thailand so thatthey are able to carry out their peaceful and legitimate human rightsactivities without any hindrance or fear of reprisals;

ii. Guarantee in all circumstances the physical and psychologicalintegrity of all human rights defenders in Thailand;

iii. 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 and Article 12.2;

iv. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Thailand.

Addresses:

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

· Mr.Don Pramudwinai, Minister of Foreign Affairs of Thailand, Fax: +66 (0) 2643 5320; Email: minister@mfa.go.th

· Mr.Suwaphan Tanyuvardhna, Minister of Justice of Thailand, Fax: +66 (0) 2 9530503

· PolGen Chaktip Chaijinda, 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 ofThailand, Email: help@nhrc.or.th

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

· Embassyof Thailand in Brussels, Belgium, Fax: + 32 2 648 30 66; Email: thaibxl@pophost.eunet.be

· Mr. Wichit Chiamwichitkun, Chief Executive Director and Chairman of theExecutive Board, Tongkah Harbour Public Company Limited (of which Tungkum Ltd.is a subsidiary company), Bangkok, Thailand, Fax: +66 2 694 4420, +66 2 695 4901;Email: info@tongkahharbour.com.

Please also write to the diplomatic mission or embassy of Thailand inyour respective country.

***
Geneva-Paris, April 20, 2018

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 the World Organisation Against Torture (OMCT) and FIDH. The objective ofthis programme is to prevent or remedy situations of repression againsthuman rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European UnionHuman Rights Defenders Mechanism implemented by international civilsociety.

[1] Villagers from six communities near the mine formed the KRBKG in 2007 toadvocate for a clean environment and to oppose the mining operations. On March7, 2016, the National Human Rights Commission of Thailand honoured women of theKRBKG with a prestigious human rights defenders’ award for their role inbringing attention to critical human rights problems in Thailand.