Summoning and ongoing judicial harassment of Sirikan “June” Charoensiri, from Thai Lawyers for Human Rights (TLHR)

Thailand
July 26, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in thefollowing situation in Thailand.

New information: The Observatory has been informed by reliable sourcesabout the summoning of Ms. Sirikan“June” Charoensiri, a human rights lawyer with the organisation ThaiLawyers for Human Rights (TLHR)[1], in connection with her workrepresenting 14 activists of the Neo Democracy Movement (NDM).

According tothe information received, on July 27, 2016, at 9:30 am, Ms. Sirikan will reportto the Office of the Prosecutor of Dusit District in Bangkok to hear if theprosecutor has decided to prosecute her on charges of “concealing evidence”(Article 142 of the Criminal Code)[2]and “failure to comply with an official order” (Article 368 of the CriminalCode)[3].If found guilty of allcharges, Ms. Sirikan could face imprisonment of up to three years and/or a fineof up to 6,000 baht (approximately 156 euros).

The Observatory strongly condemns the ongoing judicialharassment against Ms. Sirikan, which aims to hinder her legitimate work as ahuman rights lawyer, and calls on the Thai authorities to immediately drop allcharges against her.

Furthermore, until all charges are droppedagainst Ms. Sirikan, the Observatory urges the Thai authorities to ensure thatall judicial proceedings against her are carried out in full compliance withher right to a fair trial, as provided for under international law.

Backgroundinformation:

On June 26, 2015, police arrested 14 student activists ofthe Neo Democracy Movement (NDM)[4]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"). Ms. Sirikantogether with seven other TLHR lawyers assisted the 14 students at the BangkokMilitary Court.

On the night of June 26-27, 2015, after Ms. Sirikan hadfinished her duty 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.

At 12:45 pm on June 27, Ms. Sirikan filed a complaintagainst Pol. Maj. Gen. Chayapol Chatchayadetch and others for"malfeasance" (Article 157 of Thai Criminal Code) for illegallyimpounding her car. While Ms. Sirikan was in the process of filing thecomplaint, a police team arrived at the site of her seized car at 3:30 pm witha search warrant. Officials from the Office of Police Forensic Scienceaccompanied the police to conduct the search.

Upon presentation of the search warrant, Ms. Sirikan, whowent back on the spot, agreed to open her car. Equipment found in the carincluded TLHR's case files, personal computers of the seven TLHR lawyers andpersonal belongings of the student activists including mobile phones. Fivemobile phones belonging to the students were confiscated and placed into asealed envelope, which was turned over to the custody of the Office of PoliceForensic Science.

Ms. Sirikan subsequently returned to the Chanasongkrampolice station in Bangkok to file a second complaint against Pol. Maj. Gen.Chayapol Chatchaidej and his subordinates for "malfeasance", despitebeing threatened that the police would then file a counter suit against her.

On June 28, 2015, Metropolitan Police Commissioner Pol LtGen Srivara Rangsipramkul told reporters that the police had recoveredimportant evidence from Ms. Sirikan's car and that the police were consideringwhether to press charges against her.

On June 29, 2015, police visited the house of Ms. Sirikan'sparents in her hometown and asked her mother to identify her in various photosand asked about her daughter's background.

On July 7, 2015, the Bangkok Military Court ordered therelease of the 14. However, the charges against them remained pending.

On February 2, 2016, Ms. Sirikan received a police summonsto report to Bangkok's Chanasongkram police station on February 9, 2016, tohear criminal charges filed against her under Articles 172 ("filing afalse police report") and 368 ("failure to comply with officialorders") of the Criminal Code as a result of the lawsuit filed byMs. Sirikan against Thai police for “malfeasance” in June 2015.

On February 9, 2016, Ms. Sirikan appeared at theChanasongkram police station in Bangkok and was formally charged with “failureto comply with official orders” (Article 368 of the Criminal Code) and with“concealing evidence” (Article 142).

On April 27, 2016, Ms. Sirikan wassummoned to appear before the Public Prosecutor at the Subdistrict 3 Court inDusit, Bangkok, at 10 am on May 12, 2016. In that occasion, Ms. Sirikansubmitted a letter of petition to him describing the circumstances of the factshappened the night of June 26-27, 2015, as well as requesting the prosecutor tohear more witnesses, including members of the NDM, herself, Ms. YaowalakAnuphan, the Head of the TLHR and the inquiry official who had received thecomplaint for “malfeasance”. The prosecutor announced he wouldcontinue with the investigation and adjourned the hearing to July 27, 2016.

Moreover, a second case brought against Ms. Sirikan onthe alleged charges of “providing false information concerning a criminaloffence likely to cause damage to others or the public” (Articles 172and 174) is yet to be proceeded, due to the inability of the inquiryofficer to indicate the alleged false statements or information thatshe has been accused of reporting to the police. If the charges were to befurther proceeded, Ms. Sirikan could face imprisonment of up to five yearsand a fine of up to 10,000 baht (approximately 253 euros).

Actions requested: Please write to the authorities of Thailand asking them to:

i. Immediately and unconditionally drop all charges against Ms. Sirikan, andput an end to all acts of judicial harassment against her, as well as againstall human rights defenders in Thailand;

ii. Guarantee in all circumstances the physical andpsychological integrity of Ms. Sirikan and all human rights defenders inThailand;

iii. Comply with the national and international legislationsafeguarding the independence of lawyers and protecting them from unlawfulinterference in their professional activities;

vii. 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 12.2;

viii. 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

· 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

· Mr.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. Busaya Mathelin, Ambassador, Embassy of Thailand in Brussels,Belgium, Fax: + 32 2 648 30 66; Email: thaibxl@thaiembassy.be

Please also write to the diplomatic mission or embassyof Thailand in your respective country.

[1] TLHR is an organisation set upafter the 2014-coup to provide legal aid to civilian arrested and/or prosecutedby military, and monitor and document post-coup human rights situations andviolations throughout Thailand.

[2] Section 142 states: “Whoever,damaging, destroying, concealing, making away with, losing or rendering uselessany property or document seized or being kept by an official, or ordered to besent as evidence or for execution of the law, whether the official keeps suchproperty or document himself, or ordering such person or the other person tosend or keep it, shall be punished with imprisonment not exceeding three yearsor fine not exceeding six thousand Baht, or both.”

[3] Section 368 states: “Whoever, being informed of anorder of an official given according to the power invested by law, refuses tocomply with the same without any reasonable cause or excuse, shall be punishedwith imprisonment not exceeding ten days or fined not exceeding five hundredBaht, or both. If such order is an order authorized by law requiring a personto assist in carrying on the activities in the function of an official, theoffender shall be punished with imprisonment not exceeding one month or fined notexceeding one thousand Baht, or both.”

[4] NDM is an organisation advocating for the restorationof democracy, for the end of trials against civilians before military courts,and for the respect of human rights and freedoms. The 14 activists were: Mr.Rangsiman Rome, Mr. Wasant Sadesit, Mr. Songtham Kaewpanphruek, Mr. PayuBoonsopon, Mr. Apiwat Suntararak, Mr. Rattapol Supasophon, Mr. SupachaiPookhlongploy, Mr. Apisit Sapnapaphan, Mr.Panupong Sritananuwat, Mr. Suvicha Pitungkorn,Mr. Pakorn Areekul, Mr. Chatupat Boonyapatraksa, Mr. Pornchai Yuanyee and Ms.Chonticha Chaengreo.