THA 002 / 0715 / OBS 055.4
Ongoing judicial harassment
Thailand
February 18, 2016

The Observatory forthe Protection of Human Rights Defenders, a joint programme of the WorldOrganisation Against Torture (OMCT) and the International Federation for HumanRights (FIDH), has received new information and requests your urgentintervention in the following situation in Thailand.

New information:

The Observatory hasbeen informed by reliable sources about the ongoing judicial harassment againstMs. Sirikan Charoensiri, a human rights lawyer with the organisationThai Lawyers for Human Rights (TLHR)[1],in connection with her work representing 14 activists of the Neo DemocracyMovement (NDM)[2](see background information).

According to theinformation received, on February 9, 2016, Ms. Sirikan appeared at theChanasongkram Police Station in Bangkok in response to a police summonsreceived on February 2, and was formally charged with “failure to comply with official orders” (Article 368 of the Criminal Code) and with “concealing evidence”(Article 142). Police is now expected to complete the investigation file withinone month and decide whether or not to indict Ms. Sirikan. Ms. Sirikan asked tobe able to submit additional written testimony, witnesses and evidence. Ifindicted, Ms. Sirikan could face a punishment of up to three years in prisonand/or fine of up to 6,000 THB (approximately 153 Euros).

A second case broughtagainst her on accusations of “providing false information concerning acriminal offence likely to cause damage to others or the public” (Articles 172and 174) was not yet proceeded, because the inquiry officer was unable toindicate the alleged false statements or information that she had been accusedof reporting to the police. If charged and indicted, Ms. Sirikan could faceimprisonment of up to five years and a fine of up to 10,000 THB (approximately253 Euros).

The Observatorystrongly condemns the ongoing judicial harassment against Ms. Sirikan, which isa blatant and calculated attempt to thwart her legitimate work as a humanrights lawyer, and calls on the Thai authorities to immediately andunconditionally drop all charges against her.

Furthermore, theObservatory expresses concern for the physical and psychological integrity ofMs. Sirikan and calls on the Thai authorities to guarantee her safety byputting in place all necessary measures to ensure her protection.

Background information:

On June 26, 2015,police arrested 14 activists of the Neo Democracy Movement (NDM) pursuant to anarrest warrant issued by the Bangkok Military Court. The activists were: Mr. RangsimanRome, Mr. Wasant Sadesit, Mr. Songtham Kaewpanphruek, Mr. PayuBoonsopon, Mr. Apiwat Suntararak, Mr. Rattapol Supasophon, Mr.Supachai Pookhlongploy, Mr. Apisit Sapnapaphan, Mr. PanupongSritananuwat, Mr. Suvicha Pitungkorn, Mr. Pakorn Areekul, Mr.Chatupat Boonyapatraksa, Mr. Pornchai Yuanyee and Ms. ChontichaChaengreo. All were charged with violating the Head of the National Councilfor Peace and Order (NCPO) Order No. 3/2015, which bans gatherings of five ormore people, and Article 116 of the Thai Criminal Code (‘sedition'). If foundguilty of sedition, the student activists face prison terms of up to sevenyears. In addition, if found guilty of violating the Head of the NCPO Order No.3/2015, they may face up to six months in prison and a fine of up to 10,000baht (US$280).

At 0.30 am on June27, 2015, the Bangkok Military Court remanded the 14 student activists incustody for 12 days. The 13 men were detained at the Bangkok Remand Prison, andMs. Chonticha Chaengreo was held at Bangkok’s Woman Correctional Institution.On July 7, the Bangkok Military Court rejected a police request to extend thedetention of the 14 and ordered their release. However, the charges ofviolating the Head of NCPO Order No. 3/2015, which bans gatherings of more thanfive people, and Article 116 of the Thai Criminal Code have not been dropped.

Ms. Sirikan together with seven other TLHR lawyers assisted the 14 students atthe Bangkok Military Court.

Shortly after the hearing, more than 10 police officers stationed by theBangkok Military Court, including Pol. Maj. Gen. Chayapol Chatchaidej,commander of the Sixth Division of Metropolitan Police Bureau, requested accessto Ms. Sirikan's car in order to search for the mobile phones of the activiststudents. Following Ms. Sirikan's refusal due to the lack of a court warrantand relying on the special protection of lawyers and of the lawyer-client confidentiality,the police officers arbitrarily seized Ms. Sirikan’s car by locking one of hercar wheels. The police then sealed all doors with A4 paper and duck-tape andsurrounding it with metal fences. Fearing that her clients’ belongings as wellas the lawyers’ laptops and case files could be removed from the car, the groupof TLHR lawyers decided to stay overnight to watch the car.

At 12:45 pm on June 27, Ms. Sirikan went to a police station to file acomplaint against the police for “malfeasance” under Article 157 of ThaiCriminal Code regarding the illegal confiscation of her car. While Ms. Sirikanwas in the process of filing the complaint, a police team arrived at the siteof her seized car at 3:30 pm with a search warrant. The police were accompaniedby officials from the Office of Police Forensic Science to conduct the search.

Upon presentation of the search warrant, Ms. Sirikan, who went back on thespot, agreed to open her car. Equipment found in the car included TLHR’s casefiles, personal computers of the seven TLHR lawyers and personal belongings ofthe student activists including mobile phones. Five mobile phones belonging tothe students were confiscated. The mobile phones belonging to the students wereplaced into an envelope and the envelope was sealed. The envelope was turnedover to the custody of the Office of Police Forensic Science.

At approximately 6:00 pm, Ms. Sirikan returned to the Chanasongkram policestation in Bangkok to file a second complaint against the Sixth Division of MetropolitanPolice Bureau Commander Pol. Maj. Gen. Chayapol Chatchaidej and hissubordinates for “malfeasance”. Ms. Sirikan and her colleague were then calledinto the chief police investigator’s room where the chief investigatorunderscored the fact that “the police had powers to search her car” andsuggested that if Ms. Sirikan filed a suit, the police would file a countersuit against her. Despite the threat, at 11:00 pm, Ms. Sirikan decided to filea complaint for “malfeasance” which the police accepted.

On June 28, Metropolitan Police Commissioner Pol Lt Gen Srivara Rangsipramkultold reporters police had recovered important evidence from Ms. Sirikan’s carand that the police were considering whether to press charges against her.

On June 29, police visited the house of Ms. Sirikan’s parents in her hometownand asked her mother to identify her in various photos and asked about herdaughter’s background.

On February 2, 2016,Ms. Sirikan received a police summons dated January 29. The summons directedher to report to Bangkok’s Chanasongkram police station at 10:00 am on February9, 2016, to hear criminal charges filed against her under Sections 172 (filing a false police report)[3]and 368 (failure to comply with official orders)[4]of the Criminal Code. Thecharges were the result of a lawsuit filed by Ms. Sirikan against Thai policefor “malfeasance” in June 2015.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Immediately andunconditionally drop all charges against Ms. Sirikan, as well as against the 14student activists and put an end to all acts of judicial harassment againstthem and all human rights defenders in Thailand;

ii. Guarantee in allcircumstances the physical and psychological integrity of Ms. Sirikan, the 14student activists, as well as of all human rights defenders in Thailand;

iii. Comply with the national and international legislation safeguarding theindependence of lawyers and protecting them from unlawful interference in theirprofessional activities;

iv. Order a prompt, thorough and impartial investigation into the harassment ofMs. Sirikan in order to identify those responsible, bring them to trial andapply the penal, civil and/or administrative sanctions as provided by law;

v. Repeal the Head of the National Council for Peace and Order (NCPO) Order No.3/2015 banning gatherings of more than five people;

vi. Guarantee that the exercise of freedom of expression and assembly are notprosecuted under Section 116 of the Thai Criminal Code;

vii. Put an end to the prosecution of civilians in military courts inaccordance with international human rights law that prohibits governments fromusing military courts to try civilians when civilian courts are functioning;

viii. 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 Article 1, which states that “everyone has the right,individually and in association with others, to promote and to strive for theprotection and realisation of human rights and fundamental freedoms at thenational and international levels”, and Article 12.2, which provides that “theState shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

viii. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Thailand.

Addresses:

· Prime Minister, Gen Prayuth Chan-ocha, GovernmentHouse, 1 Phitsanulok Road, Dusit, 10300, Bangkok, THAILAND; Fax: +66 (0) 2 2825131

· Minister of Interior, Gen Anupong Paochinda, AsatangRoad, Ratchabophit, 10200, Bangkok, THAILAND

· Minister of Foreign Affairs, Don Pramudwinai, SriAyutthaya 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 ChaengWatthana Road, Laksi, 10210, Bangkok, THAILAND; Fax: +66 (0) 2 953 0503

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

· Ms. Wat Tingsamit, Chairperson of the National HumanRights 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, 2 Sq. du Val de laCambre, 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 inyour respective country.

[1] Thai Lawyers for Human Rights (TLHR) is an organization set up after the2014-coup to provide legal aid to civilian arrested and/or prosecuted bymilitary, and monitor and document post-coup human rights situations andviolations throughout Thailand. TLHR received a human rights award by theFrench Embassy in Bangkok in December 2014.

[2] The Neo Democracy Movement (NDM) is an organisation advocating for therestoration of democracy, for the end of trials against civilians beforemilitary courts, and for the respect of human rights and freedoms. NDM isdriven by five principles: democracy, human rights, justice, publicparticipation and peaceful means (non-violence).

[3] Article 172 states: "Whoever, giving any false information concerning acriminal offence, which may likely cause injury to the other person or thepublic, to the Public Prosecutor, official conducting cases, inquiry officialor any official who has the power to investigate the criminal cases, shall bepunished with imprisonment not exceeding two years or fined not exceeding fourthousand Baht, or both."

[4] Article368 states: "Whoever, being informed of an order of an official givenaccording to the power invested by law, refuses to comply with the same withoutany reasonable cause or excuse, shall be punished with imprisonment notexceeding ten days or fined not exceeding five hundred Baht, or both. If suchorder is an order authorized by law requiring a person to assist in carrying onthe activities in the function of an official, the offender shall be punishedwith imprisonment not exceeding one month or fined not exceeding one thousandBaht, or both."