Sep 20, 2016 | News
The ICJ expresses its disappointment with today’s verdict criminalizing the work of human rights defender, Andy Hall, and calls upon Thailand to decriminalize defamation and amend the Computer Crime Act in line with international standards protecting freedom of expression.
This morning, Thailand’s Southern Bangkok Criminal Court found Andy Hall guilty of defaming a Thai fruit processing company under Article 328 of the Thai Criminal Code and violation of Article 14(1) of the Computer Crime Act, and sentenced him to a fine of THB 200,000 (USD$ 5,700) reduced to THB 150,000 (USD $4,300); and four years imprisonment, reduced to three years and suspended for two years.
Andy Hall has said he will appeal the verdict.
“Human rights defenders such as Andy Hall have the right to exercise freedom of expression in advocating for the protection and realization of human rights – a right that Thailand has a duty to protect,” said Kingsley Abbott, Senior International Legal Adviser at the ICJ.
“Unfortunately, there are numerous examples of criminal defamation and the Computer Crime Act being used against human rights defenders in Thailand, a practice that must end, including through a substantial reform of these laws,” he added.
The ICJ and Lawyers Rights Watch Canada submitted a joint amicus curiae brief in the proceedings, arguing that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risk having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The ICJ anticipates the arguments contained in the joint amicus will be considered on appeal.
“It is also disappointing that the Court did not appear to take into account the recent decision of the Phuket Provincial Court in the Phuketwan case, which found that the Computer Crime Act was not intended to be used in cases of alleged defamation,” said Abbott.
On 1 September 2015, the Phuket Provincial Court acquitted two journalists of criminal defamation and violations of the Computer Crime Act after the Royal Thai Navy complained the journalists defamed it when, on 17 July 2013, the journalists reproduced a paragraph from a Pulitzer prize-winning Reuters article that alleged “Thai naval forces” were complicit in human trafficking.
The criminal defamation proceedings brought against Andy Hall are among several that have been brought against human rights defenders in Thailand in recent years.
Others examples include the charges laid against activists Pornpen Khongkachonkiet, Somchai Homloar and Anchana Heemina in July 2016 for raising allegations of torture in the deep South; and those brought against activists protesting various development projects in Thailand which are allegedly having an adverse impact on communities.
Background
Today’s case is one of four criminal and civil proceedings (two criminal and two civil) a Thai fruit processing company, Natural Fruit Company Ltd., has brought against Andy Hall in relation to the report of a Finnish NGO, Finnwatch, published in January 2013, called Cheap Has a High Price.
Andy Hall’s research was included in the report which alleged that labour rights violations were taking place at Natural Fruit Company Ltd., whose employees included migrant workers from Myanmar.
In September 2015, a Thai Appeal Court upheld the dismissal of the other criminal defamation proceeding Natural Fruit Company Ltd. brought against Andy Hall. That proceeding is currently before the Supreme Court. Two civil proceedings are also before the Thai courts but have been suspended pending resolution of the two criminal proceedings.
The use of criminal defamation laws, carrying penalties of imprisonment, against human rights defenders reporting on alleged human violations, constitutes a violation of Thailand’s obligations under the International Covenant on Civil and Political Rights (ICCPR), to which it is a state party.
thailand-verdict-andy-hall-case-news-press-release-2016-eng (full text in PDF)
thailand-verdict-andy-hall-case-news-press-release-2016-tha (full text in Thai, PDF)
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
Jul 27, 2016 | News
Thailand’s government should immediately stop allowing criminal defamation laws to be used to harass victims and human rights defenders who seek justice for alleged incidents of torture, the ICJ said today.
Yesterday, the government charged three human rights defenders (Pornpen Khongkachonkiet, Somchai Homloar and Anchana Heemina, photo) under the criminal defamation provisions of the Penal Code and the Computer Crime Act, for publication of a report that documented 54 cases of alleged torture and other ill-treatment by the Thai authorities in the country’s restive deep South since 2004.
“Thailand must repeal or revise its vague and broad criminal defamation laws to prevent them from being used to silence human rights defenders and journalists working on important public interest issues,” said Wilder Tayler, the ICJ’s Secretary General.
“The imposition of harsh penalties such as imprisonment or large fines under these laws has a chilling effect on the exercise of freedom of expression – a right which is enshrined in treaties to which Thailand is a party and bound to uphold,” he added.
Also yesterday, the government used the same provisions to charge Naritsarawan Kaewnopparat, the niece of an army conscript who was killed after being severely punished by soldiers on a military base.
Although the Thai government has formally acknowledged that the death was caused by torture and compensated the family, none of the perpetrators have been held accountable for the death of Private Wichian Puaksom and have only faced military disciplinary sanctions of 30 days of detention or less, the ICJ reminds.
The case against Ms Kaewnopparat was brought by a military officer who alleges she accused him of being involved in her uncle’s death in the context of the family’s efforts to seek justice.
Last month, Thailand informed the Human Rights Council during its Universal Periodic Review that the Cabinet was considering a draft Act on Prevention and Suppression of Torture and Enforced Disappearance.
It was reported that the Cabinet approved the draft law on 24 May 2016 and would forward it for approval to the National Legislative Assembly.
At the conclusion of the review, Thailand also adopted several recommendations to protect human rights defenders and investigate reported cases of intimidation, harassment and attacks against them.
“Prosecuting people who seek justice for alleged torture goes against the spirit of the proposed legislation,” Tayler said.
“Thai authorities have an obligation to investigate and ensure justice for incidents of torture, but instead they are harassing and intimidating those responsible for exposing these horrendous acts.”
On 17 December 2015, Thailand joined 127 other states at the UN General Assembly in adopting a UN Resolution on human rights defenders.
The Resolution calls upon states to refrain from intimidation or reprisals against human rights defenders.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Thailand-HRDs defamation charges-News-Press releases-2016-ENG (full text of press release in English, PDF)
Thailand-HRDs defamation charges-News-Press releases-2016-THA (full text of press release in Thai, PDF)
Jun 9, 2016 | News
The Thai military must immediately withdraw its abusive criminal complaints against three leading human rights defenders for raising allegations of torture in Thailand’s restive deep South, said the ICJ today.
“It is simply astonishing that the Thai government is lodging these complaints at a time when Thailand has just promised to adopt important anti-torture legislation and has publicly reaffirmed its commitment to protect human rights defenders,” said Sam Zarifi, ICJ Asia Regional Director.
“The military must immediately withdraw its complaints and instead ensure all allegations of torture and ill-treatment are promptly and effectively investigated in line with Thailand’s international legal obligations,” he added.
On 10 February 2016, three Thai organizations, the Cross Cultural Foundation (CrCF), Duay Jai Group (Hearty Support Group), and the Patani Human Rights Organization (HAP), issued a report that documented 54 cases of alleged torture and ill-treatment by the Thai authorities in the deep South since 2004.
On 17 May 2016, the Internal Security Operations Command (ISOC) Region 4, responsible for national security operations in the Southern Border Provinces, responded to the report by filing complaints of criminal defamation and violations of the Computer Crime Act B.E. 2550 (2007) against the report’s three co-editors, Somchai Homlaor and Pornpen Khongkachonkiet of CrCF, and Anchana Heemmina of Hearty Support Group.
Criminal defamation carries a maximum penalty of two years imprisonment and a fine of up to 200,000 Baht (USD $5,600). Violation of article 14(1) of the Computer Crime Act, carries a maximum penalty of five years imprisonment or a fine of up to 100,000 Baht (USD $2,800), or both.
It is the second time since 2014 that the Thai military has filed criminal defamation complaints against Pornpen Khongkachonkiet and Somchai Homlaor for raising allegations of torture in the deep South.
“The Thai military should also take heed of the recent decision of the Phuket Provincial Court in the Phuketwan case, which found that the Computer Crime Act was not intended to cover allegations of defamation,” said Zarifi.
On 1 September 2015, the Phuket Provincial Court acquitted two journalists of criminal defamation and violations of the Computer Crime Act after the Royal Thai Navy complained the journalists defamed it when, on 17 July 2013, the journalists reproduced a paragraph from a Pulitzer prize-winning Reuters article that alleged “Thai naval forces” were complicit in human trafficking.
The use of criminal defamation laws, carrying penalties of imprisonment, against human rights defenders reporting on alleged human violations, constitutes a violation of Thailand’s obligations under the International Covenant on Civil and Political Rights (ICCPR), to which it is a state party.
As affirmed in the UN Declaration on Human Rights Defenders, “Everyone has the right, individually and in association with others:… freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.”
Background
On 17 December 2015, Thailand joined 127 other states at the UN General Assembly in adopting a UN Resolution on human rights defenders. The Resolution calls upon states to refrain from intimidation or reprisals against human rights defenders.
Last month, Thailand informed the Human Rights Council during its Universal Periodic Review that the Cabinet was considering a draft Act on Prevention and Suppression of Torture and Enforced Disappearance. It was reported that the Cabinet approved the draft law on 24 May 2016.
At the conclusion of the review, Thailand also adopted several recommendations to protect human rights defenders and investigate reported cases of intimidation, harassment and attacks against them.
The right to an effective remedy against torture and other ill-treatment and to have complaints promptly, fully and impartially investigated is guaranteed under international treaties to which Thailand is party, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the ICCPR.
Thailand has an obligation under both treaties to conduct such investigations where there are allegations of torture and ill-treatment and to bring to justice those responsible in fair criminal proceedings.
Thailand was criticized in May 2014 for its failure to address violations when the United Nations Committee Against Torture expressed its concern “at the numerous and consistent allegations of serious acts of reprisals and threats against human rights defenders, journalists, community leaders and their relatives, including verbal and physical attacks, enforced disappearances and extrajudicial killings, as well as by the lack of information provided on any investigations into such allegations.”
The Committee recommended that Thailand “should take all the necessary measures to: (a) put an immediate halt to harassment and attacks against human rights defenders, journalists and community leaders; and (b) systematically investigate all reported instances of intimidation, harassment and attacks with a view to prosecuting and punishing perpetrators, and guarantee effective remedies to victims and their families.”
Contact:
Sam Zarifi, Asia Regional Director, t: +66 80 781 9002; e: sam.zarifi(a)icj.org
Kingsley Abbott, Senior International Legal Adviser, t: +66 94 470 1345; e: kingsley.abbott(a)icj.org
Thailand-Retaliation HRDs-News-web stories-2016-ENG (full story in Thai, PDF)
May 30, 2016 | News
The ongoing criminal trial in the Loei Provincial Court, where a verdict is awaited tomorrow, is an important test of Thailand’s commitment to hold those responsible for criminal offences against human rights defenders to account, the ICJ and Protection International said today.
On 31 May, the Loei Provincial Court will render its verdict following the trial of retired Royal Thai Army officer, Lt Gen Poramet Pomnak, and his son, Royal Thai Army officer, Lt Col Poramin Pomnak, on criminal charges related to their alleged participation in a violent attack by a group of over 100 armed men against members of the Khon Rak Ban Kerd Group (KRBKG) in Nanonbong village in Loei and other villagers.
The victims were assaulted and held captive for over seven hours during the attack in the evening of 15 May 2014.
More than 20 people were injured, with seven requiring hospitalization for serious injuries.
KRBKG is a community-based group protesting what they allege is the damaging impact of mining operations on their health and their environment.
Most of KRBKG’s activities have focused on stopping the operations of the Phuthapfa gold mine operated by Thai company, Tungkum Ltd., situated in Loei Province.
“This case has become emblematic of the human rights abuses faced by human rights defenders trying to protect their communities in Thailand,” said Sam Zarifi, ICJ’s Asia Director. “Many people are looking at this case to see whether the Thai government will follow through on its commitment to protect human rights defenders.”
The attack on Nanonbong village occurred after KRBKG and local residents barricaded the road to the gold mine, which passes through the village.
During the attack, the barricade was destroyed and at least 13 trucks were reportedly seen transporting materials from the mine site.
Partly based on the villagers’ testimony that Lt Col Poramet Pomnak and Lt Col Poramin Pomnak were involved in the 15 May violence, the two were indicted on several charges, including offences of ‘injury to the person causing bodily harm’ and ‘false imprisonment’ (or illegal deprivation of liberty), under articles 295 and 309 of the Thai Criminal Code.
“Given credible reports that a group of over 100 armed men were involved, the ICJ is concerned that only two people have been indicted for the attack, and we are therefore calling on the Thai authorities to re-open investigations and ensure all those responsible are held to account and redress is provided for the victims concerned,” Zarifi added.
The case against Lt Col Poramet Pomnak and Lt Col Poramin Pomnak comes against a background of disputes between KRBKG and Tungkum Ltd.
The company filed at least 19 criminal and civil lawsuits against 33 members of KRBKG and other villagers in the past seven years.
One of those cases includes claims of criminal defamation against a 15-year old girl who allegedly made negative statements about the company’s activities on a television program.
Members of KRBKG have joined as plaintiffs in the criminal case and are demanding compensation from the two defendants.
Background
Lt Col Poramet Pomnak and Lt Col Poramin Pomnak were formally indicted on the following charges of the Thai Penal Code: articles 295 (‘injury to the person causing bodily harm’) and 296 (sentencing for bodily harm), 309 (‘false imprisonment’ or ‘illegal confinement’) and 310 (sentencing for false imprisonment), 358 (‘offence of mischief’ or ‘damage to property’) 371 (‘offence of bearing arms’), 376 (‘offence of discharging a firearm’), 391 (sentencing for acts of violence not amounting to bodily harm) taken together with articles 32, 33, (‘forfeiture of property used in the commission of an offence’) 83, 84, (principals and accomplices, accessories or conspirators) 91, (articles 90 and 91 set out provisions for sentencing when an act constitutes multiple offences. Sentences can be awarded for each offence consecutively, but with a maximum time as prescribed by article 91); and articles 4, 7, 8bis, 72, 72bis of the Firearms, Ammunition, Explosives, Fireworks, and the Equivalent of Firearms Act B.E.2490 (1947); article 3 of the Firearms, Ammunition, Explosives, Fireworks, and the Equivalent of Firearms Act (No.3) B.E.2501 (1958); No. 3, 6, 7 of the Order of the Announcement of the National Administrative Reform Council no.44 dated 21 October 1976.
Thailand has a legal obligation to protect all human rights defenders from retaliation for the legitimate and lawful exercise of their rights. On 17 December 2015, Thailand joined 126 other States at the UN General Assembly in adopting one of the latest UN resolutions on human rights defenders. General Assembly resolution 70/161 recognizes the importance of States’ protection of human rights defenders, in particular from being prosecuted for peaceful activities and against other threats, harassment and intimidation; and encourages States to investigate allegations of intimidation and reprisals, and to bring perpetrators to justice.
Thailand-Loei case-News-2016-THA (full text in Thai, PDF)
Apr 5, 2016 | News
Thailand must immediately revoke National Council for Peace and Order (NCPO) Order 13/2016 which confers sweeping powers on the Royal Thai Armed Forces in contravention of human rights and the rule of law, said today the ICJ and other human rights groups.
On 29 March 2016, pursuant to Article 44 of the Interim Constitution, General Prayuth Chan-o-cha, Head of the NCPO, issued Order 13/2016 which provides appointed “Prevention and Suppression Officers” and their assistants, drawn from the commissioned ranks of the Armed Forces, including the paramilitary Ranger Volunteers, with wide-ranging powers to prevent and suppress 27 categories of crimes including against public peace, liberty and reputation, immigration, human trafficking, narcotics, and weapons.
“The implementation of Order 13/2016 will almost certainly lead to violations of Thailand’s international human rights obligations and the rule of law and must be revoked immediately,” said Wilder Tayler, ICJ’s Secretary General.
“We have observed a steady erosion of human rights protections in Thailand since the military coup of 22 May 2014 and this Order signifies another, jarring, movement in the same direction,” he added.
The Order raises numerous human rights concerns say the ICJ, Human Rights Watch (HRW), Amnesty International (AI), Asian Forum for Human Rights and Development (FORUM-ASIA), FIDH (International Federation for Human Rights), and Fortify Rights (FR). These concerns include:
1. Grants a form of immunity from prosecution to those acting under the Order, leading to impunity contrary to the principle of accountability required by the rule of law.
“Instead of paving the way for a return to democratic rule, the Thai junta has broadened its powers to do almost anything it wants, including committing abuses with total impunity,” said Brad Adams, Asia Director at Human Rights Watch. “Repression becomes a daily reality as Thailand descends further into military dictatorship.”
2. Actions taken under the Order are not subject to judicial review, contrary to the rights to effective remedy, to judicial control of deprivation of liberty, and to a fair trial, as for instance recognized under Articles 2, 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR).
“The Order is yet another example of the pernicious removal of powers from the judicial system to review the military’s actions, to the detriment of rights protection and the rule of law,” said Champa Patel, Interim Director, South East Asia and Pacific Regional Office, Amnesty International.
3. Provides untrained military officials with broadly and ambiguously worded powers of law enforcement likely to lead to abuse, inconsistent with human rights standards including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
“The Order provides law enforcement powers to military officials who do not have law enforcement experience or protocols to summon, search, and arrest persons,” said Evelyn Balais-Serrano, the Executive Director of FORUM-ASIA.
“This makes the absence of judicial oversight all the more concerning. The fact that this may lead to an abuse of power and the disproportionate use of force by military officials in violation of international laws and standards including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials is very worrying. There is a real risk the Order may be used to restrict the legitimate rights of people such as the rights to freedom of expression, assembly and association,” she added.
4. Authorizes the deprivation of liberty of persons for up to seven days in unrecognized places of detention, without judicial oversight, which increases the risk of further human rights abuses, including torture and enforced disappearance.
“Despite its pretense to suppress criminal activities, this Order is likely to result in the commission of very serious crimes that are prohibited under human rights instruments that Thailand has either signed or ratified,” said FIDH President Karim Lahidji.
5. In practice, the Order is open to abuse to repress and silence those perceived as dissenters, including human rights defenders, in violation of international human rights law and standards.
“This Order stands to fuel the fire of retaliation against human rights defenders in Thailand,” said Amy Smith, Executive Director of Fortify Rights. “Thailand has an obligation to protect human rights defenders, but this Order could easily be used to target and obstruct their legitimate work.”
Contact
Wilder Tayler, ICJ’s Secretary General, t: +41 (0) 229793800 ; e: wilder.tayler(a)icj.org
Thailand-NCPO Order-News-Press releases-2016-THA (full text, in PDF, Thai version)
Thailand-NCPO Order unof trsl-Advocacy-2016-ENG (unofficial translation of the Order, PDF)
