Human rights lawyer Sirikan Charoensiri summoned to appear before the Public Prosecutor

THA 001 /0715 / OBS 055.5
Ongoing judicial harassment
Thailand
May 10, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inThailand.

Newinformation:

TheObservatory has been informed by reliable sources about the ongoing judicialharassment against Ms. Sirikan “June” Charoensiri,a human rights lawyer with the organisation Thai Lawyers for Human Rights(TLHR)[1],in connection with her work representing 14 activists of the Neo DemocracyMovement (NDM).

(c) TLHR

Accordingto the information received, on April 27, 2016, Ms. Sirikan “June” Charoensiri wassummoned toappear before the Public Prosecutor at the Subdistrict 3 Court in Dusit,Bangkok, at 10 am on May 12, 2016. Ms. Sirikan faces accusations of“failure to comply with official orders”[2] (Article 368 of the Criminal Code) and“concealing evidence” (Article 142) as a result of a lawsuit filed by Ms.Sirikan against Thai police for “malfeasance” in June 2015 (see backgroundinformation). The Prosecutor will then decide whether to proceedfurther with the case or not. If indicted, Ms. Sirikan could face a punishment of upto three years in prison and/or fine of up to 6,000 baht (approximately 153euros).

TheObservatory strongly condemns the ongoing judicial harassment against Ms.Sirikan, which aims to hinder her legitimate work as a human rights lawyer, andcalls on the Thai authorities to immediately and unconditionally drop allcharges against her.

Backgroundinformation:

OnJune 26, 2015, police arrested 14 activists of the Neo Democracy Movement (NDM)[3]pursuant to an arrest warrant issued by the Bangkok Military Court. All werecharged with violating the Head of the National Council for Peace and Order(NCPO) Order No. 3/2015, which bans gatherings of five or more people, andArticle 116 of the Thai Criminal Code (“sedition”). On July 7, the BangkokMilitary Court ordered the release of the 14. However, the charges against themremain pending. Ms. Sirikan together with seven other TLHR lawyers assisted the14 students at the Bangkok Military Court.

On the night of June 26-27, 2015, after Ms.Sirikan had finished herduty of providing legal assistance to the 14 activists, more than10 police officers stationed by the Bangkok Military Court, including Pol. Maj.Gen. Chayapol Chatchaidej, commander of the Sixth Division of MetropolitanPolice Bureau, requested access to Ms. Sirikan's car in order to search for themobile phones of the activist students. Following Ms. Sirikan's refusal due tothe lack of a court warrant and relying on the special protection of lawyersand of the lawyer-client confidentiality, the police officers impounded Ms.Sirikan’s car overnight.

At12:45 pm on June 27, Ms. Sirikan filed a complaint against Pol. Maj. Gen. Chayapol Chatchayadetch andothers for “malfeasance” (Article 157 of Thai Criminal Code)for illegally impounding hercar. While Ms. Sirikan was in the process of filing the complaint, a policeteam arrived at the site of her seized car at 3:30 pm with a search warrant.Officials from the Office of Police Forensic Science accompanied the police toconduct the search.

Uponpresentation of the search warrant, Ms. Sirikan, who went back on the spot,agreed to open her car. Equipment found in the car included TLHR’s case files,personal computers of the seven TLHR lawyers and personal belongings of thestudent activists including mobile phones. Five mobile phones belonging to thestudents were confiscated and placed into a sealed envelope, which was turnedover to the custody of the Office of Police Forensic Science.

Ms.Sirikan subsequently returned to the Chanasongkram police station in Bangkok tofile a second complaint against Pol. Maj. Gen. Chayapol Chatchaidej and hissubordinates for “malfeasance”, despite being threatened that the police wouldthen file a counter suit against her.

OnJune 28, 2015, Metropolitan Police Commissioner Pol Lt Gen SrivaraRangsipramkul told reporters that the police had recovered important evidencefrom Ms. Sirikan’s car and that the police were considering whether to presscharges against her.

OnJune 29, 2015, police visited the house of Ms. Sirikan’s parents in herhometown and asked her mother to identify her in various photos and asked abouther daughter’s background.

OnFebruary 2, 2016, Ms. Sirikan received a police summons to report to Bangkok’sChanasongkram police station on February 9, 2016, to hear criminal chargesfiled against her under Articles 172 (“filing a false police report”) and 368(“failure to comply with official orders”) of the Criminal Code.

OnFebruary 9, 2016, Ms. Sirikan appeared at the Chanasongkram police station inBangkok and was formally charged with “failure to comply with official orders”(Article 368 of the Criminal Code) and with “concealing evidence” (Article142).

Moreover,a second case brought against Ms. Sirikan on the alleged charges of “providingfalse information concerning a criminal offence likely to cause damage toothers or the public”[4] (Articles 172 and 174) isyet to be proceeded, due to the inability of the inquiry officer to indicatethe alleged false statements or information that she has been accused ofreporting to the police. If the charges were to be further proceeded, Ms.Sirikan could face imprisonment of up to five years and a fine of up to 10,000baht (approximately 253 euros).

Actions requested:

Please write to the authorities of Thailand askingthem to:

i. Guarantee in all circumstances the physical andpsychological integrity of Ms. Sirikan “June” Charoensiri as well as of all human rights defenders inThailand;

ii. Immediately and unconditionally drop all chargesagainst Ms. Sirikan, and put an end to all acts of judicial harassment againsther, the 14 NDM activists above-mentioned and all human rights defenders inThailand;

iii. Comply with the national and internationallegislation safeguarding the independence of lawyers and protecting them fromunlawful interference in their professional activities;

iv. Repeal the Head of the National Council for Peaceand Order (NCPO) Order No. 3/2015 banning gatherings of more than five people;

v. Guarantee that the exercise of freedom ofexpression and assembly are not prosecuted under Article 116 of the ThaiCriminal Code;

vi. Put an end to the prosecution of civilians inmilitary courts in accordance with international human rights law that prohibitsgovernments from using military courts to try civilians when civilian courtsare functioning;

vii. Conform with the provisions of the UN Declarationon Human Rights Defenders, adopted by the General Assembly of the UnitedNations on December 9, 1998, especially its Articles 1 and 12.2;

viii. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified 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

· Ms.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. BusayaMathelin, Ambassador, Embassyof 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] TLHR is an organisation set up afterthe 2014-coup to provide legal aid to civilian arrested and/or prosecuted bymilitary, and monitor and document post-coup human rights situations andviolations throughout Thailand.

[2] Article 368 states: "Whoever,being informed of an order of an official given according to the power investedby law, refuses to comply with the same without any reasonable cause or excuse,shall be punished with imprisonment not exceeding ten days or fined notexceeding five hundred Baht, or both. If such order is an order authorized bylaw requiring a person to assist in carrying on the activities in the functionof an official, the offender shall be punished with imprisonment not exceedingone month or fined not exceeding one thousand baht, or both."

[3] NDM is an organisation advocatingfor the restoration of democracy, for the end of trials against civiliansbefore military courts, and for the respect of human rights and freedoms. The 14activists were: Mr. Rangsiman Rome, Mr. Wasant Sadesit, Mr. SongthamKaewpanphruek, Mr. Payu Boonsopon, Mr. Apiwat Suntararak, Mr.Rattapol Supasophon, Mr. Supachai Pookhlongploy, Mr. ApisitSapnapaphan, Mr. Panupong Sritananuwat, Mr. Suvicha Pitungkorn,Mr. Pakorn Areekul, Mr. Chatupat Boonyapatraksa, Mr. PornchaiYuanyee and Ms. Chonticha Chaengreo.

[4] Article 172 states: “Whoever, givingany false information concerning a criminal offence, which may likely causeinjury to the other person or the public, to the Public Prosecutor, officialconducting cases, inquiry official or any official who has the power toinvestigate the criminal cases, shall be punished with imprisonment notexceeding two years or fined not exceeding four thousand Baht, or both.”