The judicial harassment against 11 activists continues

THA 001 /0116 / OBS 008.2
Sentencing / Temporary bail /

Judicialharassment /

Restrictionsto freedom of movement
Thailand
May 3, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), has received new information and requests your urgentintervention in the following situation in Thailand.

Newinformation:

The Observatory has been informed by reliable sourcesabout the ongoing judicial harassment against Mr. Anon Nampa, Mr. Sirawit Seritiwat, Ms. Kornkanok Kanta, Mr. KititachSuman, Mr. Wisarut Anupoonkarnand Mr. Wijit Hanhaboon, six of the11 activists[1]arrested on December 7, 2015 (see background information).

According to the information received, on April 25,2016, at 10 am, the Bangkok Military Court held the first hearing of the trialagainst the above-mentioned six activists, and indicted them on charges of violatingArticle 12 of the Head of National Council for Peace and Order (NCPO) Order No.3/2015, which restricts the right to assembly or any political gathering offive or more persons without a prior officialauthorization.[2] It has to be noted that thiscase is the first to be processed under charges of violating Order No. 3/2015.

On the same day, at 8.20 pm, the six activists weretemporarily released on bail from the Bangkok Remand Prison and the CentralWomen Institution, following the payment of 40,000 baht (around 1,000 euros).The conditions imposed by the court for the bail were that: (1) they mustrefrain from inciting or causing unrest by whatsoever means or acts in order toinflict damage or to disrupt order and peace; and (2) they are prohibited fromleaving Thailand, unless permission is granted by thecourt. The date of the nexthearing is still pending.

At the timeof publication of this Urgent Appeal,the other five activistsarrested on December 7, 2015, were still facing charges. One of them, Mr.Thanet Anantawong, iscurrently in exile, while arrest warrants have been issued for Ms. Chonthicha Jaeung-Rew, Ms. ChanoknanRuamsap, Mr. Korakot Saengyenpan and Mr. Abhisit Sapnaphapan for failing to report themselves to the prosecutor. The four remainatrisk of being arrested at any time.

The Observatory strongly condemns the indictment andongoing judicial harassment against the 11 activists, since they appear to onlyaim at sanctioning their legitimate human rights activities, as well as theirfreedom of assembly, association and expression, as enshrined in internationalhuman rights instruments.

More generally, the Observatory calls on the Thaiauthorities to put an end to the ongoing attempts to criminalise the 11activists, as well as to repeal the decrees on gatherings and protests that fail to complywith international human rights standards related to the right to freedom ofpeaceful assembly.

Background information:

OnDecember 7, 2015, military authorities arrested 36 people, including studentactivists, during a train ride from Bangkok to Hua Hin, Prachuab KirikhanProvince. Their “advocacy trip,” named “the Train Ride to Shed Light on Fraudat the Rajabhakti Park,” sought to demand the opening of an investigation intoalleged corruption in the construction of the military-sponsored RajabhaktiPark in Prachuab Kirikhan Province. The military officers claimed to havearrested and detained them in accordance with the Head of NCPO Order No.3/2015.

Whilein custody, some officers recorded their personal data and forced them to signa pledge vowing that they would not join any political movement again and thatthey would not leave the country without the authorities’ prior permission.Lawyers were denied access to the detainees throughout their detention. Allwere released on the same day.

However,11 activists, Mr. Sirawit Seritiwat, Mr. Anon Nampa, Ms. Chonthicha Jaeung-Rew, Ms. Chanoknan Ruamsap, Mr. Thanet Anantawong, Mr. Kititituch Suman, Mr. Wisarut Anukulkanm, Mr. Abhisit Sapnaphapan,Mr. Korakot Saengyenpan, Ms. KornkanokKhumta, and Mr. Vichit Hanhaboon,refused to sign the pledge, and were therefore accused of violating the Head ofNCPO Order No. 3/2015.

OnDecember 29, 2015, the 11 activists who had refused to sign the pledge weresummoned by the Thonburi Railway police. Only the following five activists outof the 11 summoned appeared: Messrs. Kititituch Suman and Vichit Hanhaboon, Mr.Anon Nampa, Mr. Wisarut Anukulkanm, and Ms. Kornkanok Khumta. They denied allcharges.

OnJanuary 13, 2016, arrest warrants were issued by the Bangkok Military Court forthe six remaining activists who had failed to appear at the police station onJanuary 8 as summoned.

On January 20, 2016, Mr. Sirawit Seritiwat wasabducted by eight men wearing military uniforms outside the gate of theThammasat University Ransgit campus in Pathumthani Province near Bangkok. Hewas blindfolded, forced onto a pick-up truck with covered plate and taken to anunknown area. When the car stopped, he was dragged to a grass field where hewas forced to kneel down, hit on the head, and kicked. Around 1 am, he wastaken to the Nimitmai police station in Bangkok, where he was held until thefollowing morning, before being transferred again to Bangkok’s Thonburi Railwaypolice station.

The next day, on January 21, 2016, at around 9 am, thepolice arrested fellow student activists Ms. Chonthicha Jaeung-Rew, Ms.Chanoknan Ruamsap, and Mr. Korakot Saengyenpan, who had shown up at theThonburi Railway police station to show solidarity with Mr. Seritiwat.

The four student activists were held at the policestation until 1:30 pm before being taken to the Bangkok Military Court wherethe police filed a petition requesting pre-trial detention. They were releasedafter the Court dismissed the police request. Around the same time, Mr. AbhisitSapnaphapan[3]was arrested in front of the Military Court and taken to the nearbyChanasongkram police station, before being transferred to the Thonburi Railwaypolice station in relation to previous charges of violating the Head of NCPOOrder No. 3/2015. Mr. Abhisit Sapnaphapan was released on January 22 at about11:30 am after the Bangkok Military Court rejected a police request forpre-trial detention.

Actionsrequested:

Pleasewrite to the authorities in Thailand, urging them to:

i. Guarantee in all circumstances thephysical and psychological integrity of the 11 activists, as well as of allhuman rights defenders in the country;

ii. Drop immediately and unconditionallyall charges against the 11 activists, as they only seem to be aimed atsanctioning their legitimate human rights activities;

iii. Put an end to all acts of harassment- including at the judicial level - against the 11 activists, as well asagainst all human rights defenders in Thailand so that they are able to carryout their work without hindrances;

iv. Repeal the Head of NCPO Order No.3/2015, which contravenes Thailand’s human rights obligations under theInternational Covenant on Civil and Political Rights (ICCPR);

v. Conform with the provisions of theUN Declaration on Human Rights Defenders, adopted by the General Assembly ofthe United Nations on December 9, 1998, especially:

Article 1, which states that “everyonehas the right, individually and in association with others, to promote and tostrive for the protection and realisation of human rights and fundamentalfreedoms at the national and international levels”;and

Article 12.2, which provides that “"the State shall take all necessary measures toensure 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 otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;and

vi. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational and regional human rights instruments ratified by Thailand.

Addresses:

· Prime Minister, Gen PrayuthChan-ocha, Government House, 1 Phitsanulok Road, Dusit, 10300, Bangkok,THAILAND; Fax: +66 (0) 2 282 5131

· Minister of Interior, Gen AnupongPaochinda, Asatang Road, Ratchabophit, 10200, Bangkok, THAILAND

· Minister of Foreign Affairs, DonPramudwinai, Sri Ayutthaya Building, 443 Sri Ayutthaya Road, Phaya Thai, 10400,Bangkok, THAILAND; Fax: +66 (0) 2 643 5320; Email: minister@mfa.go.th

· Minister of Justice, Gen Paiboon Khumchaya,120 Chaeng Watthana Road, Laksi, 10210, Bangkok, THAILAND; Fax: +66 (0) 2 9530503

· Pol Gen Somyot Poompanmoung,Commissioner-General of the Royal Thai Police, 1st Building, 7th Floor, Rama IRoad, Pathumwan, 10330, Bangkok, THAILAND; Fax: +66 (0) 2 251 5956 / +66 (0) 2251 8702

· Mr. Wat Tingsamit, Chairperson ofthe National Human Rights Commission of Thailand; 120 Chaeng Watthana Road,Laksi, 10210, Bangkok, THAILAND; Email: help@nhrc.or.th

· Permanent Mission of Thailand to theUnited 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, 2Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Tel: + 32 2 640 68 10; Fax: +32 2 648 30 66; Email: thaibxl@pophost.eunet.be

Pleasealso write to the diplomatic mission or embassy of Thailand in your respectivecountry.

[1] The group includes members of the Neo DemocracyMovement (NDM), an organisation advocating for the restoration of democracy,for the end of trials against civilians before military courts, and for therespect of human rights and freedoms. NDM is driven by five principles:democracy, human rights, justice, public participation and peaceful means(non-violence).

[2] Article 12(1) of Head of NCPO Order No. 3/2015 statesthat any political gathering of five or more persons shall be punished withimprisonment not exceeding six months or a fine not exceeding ten thousandbaht, or both, unless permission has been granted by the Head of the NCPO or anauthorised representative.

[3] On May 22, 2015, Thai police arrested studentactivists with the Neo Democracy Movement (NDM) , including Mr. AbhisitSapnaphapan, in connection with their participation in peaceful protests heldin Khon Kaen and in Bangkok to mark the first anniversary of the military coup.See Observatory Urgent Appeal THA 002 / 0715 / OBS 055.2