Police summons issued against Mr. Baramee Chairat
NewInformation
THA002 / 0715 / OBS 055.2
Judicial harassment
Thailand
August 4, 2015
The Observatory for the Protection of HumanRights Defenders, a joint programme of the World Organisation Against Torture(OMCT) and the International Federation for Human Rights (FIDH) has receivednew information and requests your urgent interventionin the following situation in Thailand.
New information:
The Observatory has been informed by reliablesources about a police summons issued against Mr. Baramee Chairat, acoordinator of Thailand’s Assembly of the Poor, a grassroots people’s movementthat works for the protection and promotion of land rights.
According to the information received, on August5, 2015 at 10.00 am, Mr. Baramee is due to report to the Samranrat PoliceStation in Bangkok in response to a summons issued against him on July 3 oncharges of sedition under Article 116 of the Thai Criminal Code.
The summons does not provide any detailsregarding the alleged actions that caused the summons. The Observatory fearsthat authorities are targeting Mr. Baramee merely for observing a peacefulprotest held by 14 student activists at Bangkok’s Democracy Monument on June25, 2015 (see background information), and providing accommodation for them.
TheObservatory expresses its deepest concern for the acts of judicial harassmentagainst Mr. Baramee as well as against the 14 students activists, as they seemto only aim at sanctioning their legitimate human rights activities.
Accordingly,the Observatory calls on the Thai authorities to put an end to any kind ofharassment against Mr. Baramee, refrain from threatening and harassing the 14student activists, and repeal NCPO Order No. 3/2015, whichfails to comply with Thailand’s international legal obligations.
Background information:
On May 22,2015, Thai police arrested student activists Messrs. Chatupat Boonyapatraksa,Apiwat Suntararak, Payu Boonsopon, Panupong Srithananuwat,Suvicha Tipangkorn, Supachai Pukrongploy, Wasant Sadesit,who are also members of the Dao Din group, and Mr. Rangsiman Rome, Mr. SongthamKaewpanphruek, Mr. Rattapol Supasophon, Mr. Apisit Sapnapaphan,Mr. Pakorn Areekul, Mr. Pornchai Yuanyee and Ms. ChontichaChaengreo, in connection with their participation into peaceful protestsheld in KhonKaen andin Bangkok to mark the first anniversary of the military coup.
On May 23,2015, the seven students from Khon Kaen University were released on bail with charges by the Khon Kaen police of violating the Head of NCPOOrder No. 3/2015.
The seven student activists from variousuniversities in Bangkok, were also released without charges on the same date.
On June 24and 25, 2015, the 14 student activists took part in peaceful rallies in Bangkokcalling for an end to military rule.
On June 26,2015, police arrested the 14 student activists in execution of an arrestwarrant issued by the Bangkok Military Court related to the rally of June 25.They were charged with violating National Council for Peace and Order (NCPO)Order No. 3/2015 and Article 116 of the Thai Criminal Code (sedition).
At 0.30 am on June 27, 2015, the BangkokMilitary Court granted the remand in custody of the 14 student activists for 12days. The 13 men were detained at the Bangkok Remand Prison and Ms. Chonticha Chaengreo was held at the WomanCorrectional Institution.
On July 7,2015, the Bangkok Military Court rejected the police request for a 12-dayextension of the pre-trial detention of the 14 student activists. The studentactivists were released without any conditions on the morning of July 8, 2015.
However, thecharges of violatingNCPO Order No. 3/2015, which bans gatherings of more than five people, andArticle 116 of the Thai Criminal Code (sedition)have not been dropped. If found guilty of sedition, the student activistscould face up to seven years in prison. In addition, they face up to six monthsin prison and a fine of up to 10,000 baht (EUR 282) if found guilty ofviolating NCPO Order No. 3/2015.
Actions requested:
Please writeto the authorities of Thailand asking them to:
- Put an end to any kind of harassment –including at the judicial level - against Mr. Baramee, the 14 studentactivists, and all human rights defenders in Thailand;
- Guarantee in all circumstancesthe physical and psychological integrity of Mr. Baramee, of the 14 studentactivists, and all human rights defenders in Thailand;
- Repeal NCPO Order No. 3/2015 banning gatheringsof more than five people;
- Guarantee that exercise of freedom of expressionand assembly are not prosecuted under Section 116 of the Thai CriminalCode;
- Put an end to the prosecution of civilians inmilitary courts in accordance with international human rights law thatprohibits governments from using military courts to try civilians whencivilian courts are functioning;
- Conform with the provisions ofthe UN Declaration on Human Rights Defenders, adopted by the GeneralAssembly of the United Nations on December 9, 1998, especially
itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”,
andArticle 12.2, which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”;
- Ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance withinternational human rights standards and international instrumentsratified by Thailand.
Addresses:
- Prime Minister, Gen Prayuth Chan-ocha, Government House, 1, PhitsanulokRoad, Dusit, 10300, Bangkok, THAILAND; Fax: +66 (0) 2282 5131
- Minister of Interior, Gen Anupong Paochinda, Asatang Road, Ratchabophit,10200, Bangkok, THAILAND
- Minister of Foreign Affairs, Gen Tanasak Patimapragorn, Sri AyutthayaBuilding, 443 Sri Ayutthaya Road, Phaya Thai, 10400, Bangkok, THAILAND; Fax:+66 (0) 2 643-5320; E-mail: minister@mfa.go.th
- Minister of Justice, Gen Paiboon Khumchaya, 120, Chaeng Watthana Road,Laksi, 10210, Bangkok, THAILAND; Fax: +66 (0) 2 953-0503
- Pol Gen Somyot Poompanmoung, Commissioner-General of the Royal ThaiPolice, 1st Building, 7th Floor, Rama I Road, Pathumwan, 10330, Bangkok, THAILAND;Fax: +66 (0) 2 251 5956 / +66 (0) 2 251 8702
- Ms. Amara Pongsapich, Chairperson of the National Human RightsCommission of Thailand; 120, Chaeng Watthana Road, Laksi, 10210, Bangkok,THAILAND; E-mail: help@nhrc.or.th
- Permanent Mission ofThailand to the United Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva,Switzerland, Tel: + 41 22 715 10 10; Fax: + 41 22 715 10 00 / 10 02; Email: mission.thailand@ties.itu.int
- Embassy of Thailand in Brussels, 2 Sq. duVal de la Cambre, 1050 Ixelles, Belgium, Tel: + 32 2 640.68.10; Fax: + 32 2.648.30.66. Email: thaibxl@pophost.eunet.be
Please also write to the diplomatic mission or embassy of Thailand in yourrespective country