Immediately drop sedition case and all proceedings against human rights lawyer Sirikan Charoensiri

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The Thai Government shouldimmediately drop all proceedings against human rights lawyer, Sirikan Charoensiri, includingthe specious accusation of sedition, which apparently relate to her organization’srepresentation of 14 student activists peacefully protesting in June 2015, theInternational Commission of Jurists (ICJ), Human Rights Watch, AmnestyInternational, Asian Forum for Human Rights and Development (FORUM-ASIA), theObservatory for the Protection of Human Rights Defenders (an FIDH–OMCTpartnership), Protection International (PI), Lawyers Rights Watch Canada (LRWC),Fortify Rights, and the International Service for Human Rights (ISHR), said today.

c) TLHR

On 27 September 2016, SirikanCharoensiri, a lawyer and documentation specialist at Thai Lawyersfor Human Rights (TLHR), received a summons from the Thai Police following accusations thatshe violated Article 12 of the Head of National Council for Peace and Order (NCPO)Order 3/2015, prohibiting the gathering of five or more people for politicalpurposes, and Article 116 of the Thai Criminal Code, a ‘sedition’-type offence. According to the summons, the accusations aremade by an army officer, Lieutenant Colonel Pongsarit Pawangkanan.

Sirikan Charoensiri received the summons,dated 20 September 2016, when she returned to Thailand after attending the 33rdSession of the Human Rights Council in Geneva where she conducted advocacy onthe human rights situation in Thailand on behalf of FORUM-ASIA and the ICJ. Sirikan Charoensiri did not receive an earliersummons, dated 14 September 2016, the police claimed had been sent to her apartment,as she was not home at the time.

Sirikan Charoensirihas already been charged with two offences under the CriminalCode of Thailand: “giving false information regarding a criminal offence” and“refusing to comply with the order of an official” in relation toTLHR’s provision of legal aid to 14 student activists – the new summons appearsto relate to the same case.

International Commission of Jurists:

“The army’s accusationthat Sirikan Charoensiri has violated thefrequently abused sedition law with its extremely serious penalties and risk ofa military trial is indefensible and must be withdrawn immediately,” saidWilder Tayler, Secretary General of the ICJ. “The fact that the authorities have made these accusations more than oneyear after TLHR’s clients were charged with sedition in the same case suggest theaccusations have been made in retaliation for her high-profile national andinternational human rights advocacy since the military coup.”

Human Rights Watch:

“It’s outrageous thatThai authorities are even considering charging lawyer Sirikan Charoensiri fordefending her clients, and it will be doubly so if they haul her before afundamentally unfair military court,” said Brad Adams, Asia director at HumanRights Watch. “By seeking to intimidate lawyers who represent governmentopponents, the Thai junta is showing its deep-seated fear of the rule oflaw.”

Amnesty International:

“The new accusationsagainst Sirikan Charoensiri once again demonstrate the willingness of Thaiauthorities to retaliate against lawyers and activists engaging in theimportant work of defending human rights and the rule of law,” said RafendiDjamin, Amnesty International’s Director for South East Asia and the Pacific.“The Thai government should reverse course and take seriously its obligation toprotect the independence of lawyers and their freedom to defend their clientswithout fear of retaliation, and to create an environment where all are able tofreely and safely speak out about human rights violations.”

Asian Forum for Human Rights and Development:

“Summoninghuman rights lawyer Sirikan Charoensiri for a sedition-type charge under Article116 of the Thai Criminal Code is a clear case of retaliation against humanrights defenders who advocate for the human rights situation in Thailand afterthe coup in May 2014,” said Betty Yolanda, the Director of FORUM-ASIA. “Ifindicted, Sirikan Charoensiri's legitimate human rights work might be hinderedby possible travel restrictions to take part in international human rights advocacywork given that prior permission to travel abroad has to be obtained from theNational Council for Peace and Order (NCPO).”

FIDH (International Federation for Human Rights):

“The authorities’ongoing harassment against Sirikan Charoensiri shows that the Thai Government is justpaying lip service to its commitment to protect human rights defenders,” saidDimitris Christopoulos, FIDH President.

World Organisation AgainstTorture (OMCT):

“Theaccusations against Sirikan Charoensiri are a blatant and calculatedattempt to thwart her legitimate work as a human rights lawyer,” said GeraldStaberock, OMCT Secretary-General. “The crackdown against human rightsdefenders, including pro-democracy activists, has to stop and all accusationsand charges against Sirikan Charoensiri must be immediately dropped.”

Protection International:

"The number oflegal cases brought against human rights defenders for reporting and addressinghuman rights violations is increasing in Thailand, and women human rights defendersare especially at risk," said Liliana De Marco Coenen, Executive Directorof Protection International. "Since the beginning of the year, eight outof the ten
human rights defenders who have been charged with criminal offences are
women."

Lawyers Rights Watch Canada:

“Theaddition of new accusations against Sirikan Charoensiri isalarming, as they appear to be a reprisal for her work as a lawyer and a humanrights defender,” said Gail Davidson, Executive Director of LRWC.“Thailand approved the General Assembly resolution calling on all nations to protecthuman rights defenders and must now meets its international humanrights obligations by ensuring the immediate withdrawal of all accusationsagainst Sirikan Charoensiri.”

Fortify Rights:

“Targeting SirikanCharoensiri for her legitimate work as a human rights lawyer is yet anotherattempt by the authorities to foment a climate of fear,” said Amy Smith,Executive Director at Fortify Rights. “Thai authoritiesshould treat human rights defenders as valuable members of society rather thanenemies of the state.”

International Service for Human Rights:

“The spuriousaccusations against human rights lawyer Sirikan Charoensiri should be withdrawnimmediately and unconditionally,” said Phil Lynch, Director, InternationalService for Human Rights. “Thailand hasa clear duty to protect human rights defenders under international law andstandards and so it is particularly concerning that these accusations may be inretaliation for her human rights advocacy since the military coup.”

Background

The 20 September 2016summons did not set out any precise grounds for the accusations, but theyappear to relate to TLHR’s provision of legal aid to 14 student activists who werearrested on 26 June 2015 after carrying out peaceful protests calling fordemocracy and an end to military rule.

If ultimately indictedfor these alleged offences, Sirikan Charoensiri is likely to face trial in a military court asthey appear to pre-date the Head of NCPO’s 12 September 2016 Order 55/2016phasing out the prosecution of civilians in military courts.

Article 12 of Head ofNCPO Order 3/2015 (which prohibits the public assembly of five or more peoplefor political purposes) carries a maximum penalty of six months’ imprisonmentor a fine not exceeding 10,000 Thai Baht or both. The ‘sedition’-type offence under Article 116of the Thai Criminal Code carries a maximum sentence of seven years’imprisonment.

Head of NCPO Order3/2015 and Article 116, which impose broadly worded and ambiguous restrictionson the exercise of freedom of expression, freedom of association, and freedomof peaceful assembly violate Thailand’s legal obligations under internationalhuman rights law and are inconsistent with basic rule of law and human rightsprinciples. For example, Article 116 criminalises any act carried out “in order to… raise unrestand disaffection amongst the people in a manner likely to cause disturbance inthe country.”

The InternationalCovenant on Civil and Political Rights (ICCPR), to which Thailand is a Party,guarantees the right to peaceful assembly, freedom of expression, freedom ofassociation, and the prohibition of arbitrary arrest or detention.

The UN Declaration onHuman Rights Defenders affirms the right of everyone to peacefully oppose humanrights violations. It prohibits retaliation, threats and other harassmentagainst anyone who takes peaceful action against human rights violations, bothwithin and beyond the exercise of their professional duties.

The UN Basic Principleson the Role of Lawyers provide that governments are to ensure that lawyers areable to perform their professional functions without intimidation, hindrance,harassment or improper interference.

Signed:

1. InternationalCommission of Jurists (ICJ)

2. Human Rights Watch

3. Amnesty International

4. Asian Forum for HumanRights and Development (FORUM-ASIA)

5. FIDH (InternationalFederation for Human Rights)

6. World OrganisationAgainst Torture (OMCT)

7. ProtectionInternational

8. Lawyers Rights WatchCanada

9. Fortify Rights

10. International Servicefor Human Rights (ISHR)