Ongoing judicial harassment against members of the Khon Rak Ban Kerd Group (KRBKG)
THA003 / 0717 / OBS 075
Judicial harassment
Thailand
July 5, 2017
TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, requests your urgentintervention in the following situation in Thailand.
Brief description of the situation:
TheObservatory has been informed by reliablesources about ongoing judicial harassment against members of the Khon Rak Ban Kerd Group(KRBKG), a community-based group committed to defend the local environment fromthe negative impacts of the open-pit copper-gold mine, operated by the Tungkumcompany in Thailand’s Loei province[1].
According to the information received, on June 27, 2017, the PublicProsecutor again postponed the indictment of seven women members of KRBKG, Ms. Pornthip Hongchai, Ms. Viron Rujichaiyavat, Ms. Ranong Kongsaen, Ms. Mon Khunna, Ms. Suphat Khunna, Ms. BoonraengSrithong, and Ms. LumplearnRuengrith. The indictment was originallyscheduled for May 25, 2017, but was postponed first to June 27, 2017 and now toJuly 25, 2017. The Observatory is concerned aboutthis series of postponements, which amounts to additional harassment againstthe seven defenders.
Theseven women are facing legal prosecution for their involvement in legitimateactivities on November 16, 2016, when more than 200 KRBKG members and villagersmarched from Ban Na Nong Bong village to the Khoa Lunag Administrative CouncilOffice, and peacefully staged a peaceful sit-in protest infront of the council meeting room, to demand community participation in thedecision-making process concerning the granting of forest land use to Tungkum. Members of the administrative council ultimately called off thescheduled meeting due to the protest and filed a complaint with thepolice.
On March 8, 2017, Thai police in Wang Sa Pung District, Loei province,charged the seven women KRBKG members for allegedly violating Section 309 ofThailand’s Criminal Code for forcing localcouncil members to cancel the meeting. In addition, Ms. Pornthip Hongchai, one of the leaders and spokespersons of KRBKG,was charged under Articles 10 and 28 of the PublicAssembly Act for failing to notify the authorities about the protest. The casewas then transferred to the Public Prosecutor todecide whether to indict the women based on the police investigation.
OnJune 13, 2017, the police filed additional charges against the seven womenunder Articles 8 and 27 of the Public Assembly Act for public gathering thatblocks entries or disrupts service of government agencies. The offense carriesa maximum penalty of six months in prison and a 10,000 THB (258 EUR) fine,or both.
Theseven women human rights defenders are facing each up to five years in prisonand 100,000 THB (about 2,586 EUR) fine, or both. Ms. Pornthip Hongchai facesadditional fine of up to 10,000 THB (258 EUR) for the extra charge underArticle 10 of the Public Assembly Act.
TheObservatory recalls that this case is one of 21 criminal and civil complaints initiatedagainst villagers in Loei province, 19 of which were filed by Tungkum. Thaiauthorities filed the two other complaints against the Loei villagers. Tungkumpreviously brought a defamation lawsuit against threeout of seven women, Ms.Viron Rujichaiyavat, Ms. Pornthip Hongchai, and Ms. Mon Khunna[2],until the Loei Provincial Court dismissed the case onMarch 30, 2016.
TheObservatory strongly condemns the acts of ongoing judicial harassment againstthe seven women and other members of KRBKG, which only aims at punishing themfor their legitimate human rights activities. The Observatory calls upon both the Thai judicialauthorities and Tungkum to end all forms of harassment - including at thejudicial level - against all the above-mentioneddefenders, anddrop all charges against them.
Actionsrequested:
Please write to the authorities of Thailand asking them to:
i.Immediately and unconditionally put an end to all acts of judicial harassment -including at the judicial level - against the seven above-mentioned womendefenders, all membersof the Khon Rak Ban Kerd Group as well as against allhuman rights defenders in Thailand;
ii.Guarantee in all circumstances the physical and psychological integrity of allhuman rights defenders in Thailand;
iii. Conform with the provisions of the UN Declaration on Human RightsDefenders, 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:
· Gen Prayuth Chan-ocha,Prime Minister of Thailand, Fax: +66 (0) 2 282 5131
· Mr. Don Pramudwinai,Minister of Foreign Affairs of Thailand, Fax: +66 (0) 2 643 5320;Email: minister@mfa.go.th
· Mr. SuwaphanTanyuvardhna, 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. ThaniThongphakdi, Ambassador, Permanent Mission of Thailand to the UnitedNations in Geneva, 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
· Mr. WichitChiamwichitkun, Chief Executive Director and Chairman of the Executive Board,Tongkah Harbour Public Company Limited (of which Tungkum Ltd. is a subsidiarycompany), Bangkok, Thailand, Fax: +66 2 694 4420, +66 2 695 4901; Email: info@tongkahharbour.com.
Pleasealso write to the diplomatic mission or embassy of Thailand inyour respective country
***
Geneva-Paris, July 5, 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 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 Union Human Rights Defenders Mechanism implementedby international civil society.
To contact the Observatory, call the emergency line:
· Email: Appeals@fidh-omct.org
· Teland fax OMCT: + 41 (0) 22 809 49 39 / + 41 22 809 49 29
· Teland fax FIDH: + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
[1] Villagers from sixcommunities near the mine formed the KRBKG in 2007 to advocate for a cleanenvironment and to oppose the mining operations. On March 7, 2016, the NationalHuman Rights Commission of Thailand honoured women of the KRBKG with aprestigious human rights defenders award for their role in bringing attentionto critical human rights problems in Thailand.
[2] Together with Mr. Suraphan Rujichaiwat,Mr. Khonglai Phakmi and Mr. Samai Phakmi. See Observatory’s UrgentAppeal THA 002 / 0316 /OBS 029, published on March 31, 2016.
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