Jul 4, 2018 | News
Today the ICJ called on Thai prosecutorial authorities to immediately end the prosecution of five persons associated with academic activities in Chiang Mai. The five have been made subject to prosecution solely for exercising their rights to free expression and assembly.
Those subject to prosecution include Pakawadee Veerapatpong, an independent writer and translator; Chaipong Samnieng, a PhD candidate at Chiang Mai University; Nontawat Machai, an undergraduate student at Chiang Mai University; Teeramon Bua-ngam, a Masters student at Chiang Mai University and news editor; and Dr. Chayan Vaddhanaphuti, a Professor at Chiang Mai University.
The ICJ also called for the revocation or amendment of all laws, orders and announcements inconsistent with Thailand’s international human rights obligations.
Today, the Region V Public Prosecutor in Chiang Mai province formally notified the five individuals that they would be prosecuted for violating HNCPO Order No. 3/2558 (2015) (‘HNCPO Order 3’) for merely expressing their opinions at an academic forum at Chiang Mai University in July 2017.
HNCPO Order 3 prohibits the gathering of five or more persons for political purposes, carrying a penalty of imprisonment not exceeding six months and/or a fine not exceeding 10,000 Baht.
“The ongoing and abusive use of HNCPO Order 3 to stifle free expression in Thailand remains indefensible and an obstacle to the full restoration of the rule of law in Thailand,” said Kingsley Abbott, Senior Legal Adviser at the ICJ.
“The decision to indict these five individuals is clearly in breach of Thailand’s international human rights obligations and should be reversed immediately together with the termination of the proceedings and the revocation of HNCPO Order 3,” he added.
The Public Prosecutor’s decision to indict the five was made against a backdrop of recently increasing repression of fundamental freedoms in the country.
This year alone, at least 132 persons were reportedly charged under HNCPO Order 3 in 10 cases and six incidents in connection with a movement calling for elections to be held this year.
Twenty-seven of these individuals were also charged with a sedition-like offence, which carries a maximum penalty of seven years’ imprisonment.
Since the military coup of 22 May 2014, at least 378 persons have been reportedly charged in relation to 50 cases of violating the ban on political gatherings of five or more persons according to a report launched on 22 June 2018 by leading Thai NGO, Thai Lawyers for Human Rights (TLHR).
In March and June 2018, at the Human Rights Council, the ICJ called on Thailand to revoke or amend all laws, orders and announcements that are contrary to the rule of law and human rights protections.
“Four years have passed since the military coup resulting in numerous unjustifiable restrictions on fundamental freedoms – it is long past time for Thailand to undertake reform necessary to prevent the legal system from being misused to harass individuals who merely exercise their human rights,” said Abbott.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser, email: kingsley.abbott@icj.org
Background
The Region V Public Prosecutor’s decision in Chiang Mai province follows charges filed against the individuals by a military officer in 2017.
Pakawadee Veerapatpong, Chaipong Samnieng and Nontawat Machai had allegedly held up three A4-sized messages which read “an academic forum is not a military barracks” at the academic conference.
Teeramon Bua-ngam had reportedly taken a picture of himself standing next to the messages and posted the same on social media.
Dr. Chayan Vaddhanaphuti had reportedly watched the display of the messages without asking for them to be removed, despite being an organizer of the conference.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21 and 22 of the ICCPR guarantee the rights to freedom of opinion and expression, freedom of peaceful assembly and freedom of association.
Since the military coup, the ICJ has expressed its concern about the use of a new legal framework and pre-existing laws to clamp down on the rights to freedom of expression, association and assembly, including criminal defamation (Articles 326-328 of the Thai Criminal Code), the Computer-Related Crime Act B.E.2550 (2007), a sedition-like offence (Article 116 of the Thai Criminal Code), and HNCPO Order 3.
Read also
ICJ and TLHR Joint Submission to the UN Human Rights Committee, 13 February 2017
ICJ and TLHR Joint Follow-up Submission to the Human Rights Committee, 27 March 2018
Thailand-Academics indicted-News-Web Story-2018-THA (story in Thai, PDF)
Jul 2, 2018 | News
Today, the ICJ, along with Amnesty International and Human Rights Watch, made a join statement about the special investigation of the apparent enforced disappearance of Karen activist, Pholachi “Billy” Rakchongcharoen.
The investigation of the apparent enforced disappearance of Karen activist, Pholachi “Billy” Rakchongcharoen, should genuinely seek to establish Billy’s fate and whereabouts, continually and fully inform his family on developments.
The investigation should also bring persons identified as responsible, irrespective of rank or status, to justice in a fair trial, the International Commission of Jurists (ICJ), Amnesty International and Human Rights Watch said today.
The organizations also called on authorities to expedite long overdue legal and administrative measures to provide better protection against enforced disappearance, in compliance with Thailand’s international human rights obligations.
On 28 June 2018, following a meeting of the Special Case Committee No. 1/2018, the Ministry of Justice’s Department of Special Investigations (“DSI”) made the welcome announcement that it had decided to recognize the apparent enforced disappearance of Pholachi “Billy” Rakchongcharoen an ethnic Karen activist, as a “Special Case” that must be “investigated in accordance with the Special Case Investigation Act, B.E. 2547 (2004)”, that is, by the DSI itself.
Pholachi “Billy” Rakchongcharoen was last seen on 17 April 2014 in the custody of Kaeng Krachan National Park officials in Thailand’s Phetchaburi province.
At the time of his apparent enforced disappearance, Billy had been working with ethnic Karen villagers and activists on legal complaints against the National Park officials for purportedly burning and destroying their houses, farms, and other properties.
The DSI’s announcement followed a long-standing request by Billy’s wife, Phinnapha Phrueksaphan, and years of advocacy by the ICJ, Amnesty International and Human Rights Watch calling on the DSI to assume jurisdiction over the case.
They are also calling the DSI to conduct a prompt, independent, impartial and effective investigation into his fate or whereabouts consistent with international law and standards, including the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in collaboration with the Thai Ministry of Justice on 25 May 2017.
The revised Minnesota Protocol states that if investigators are unable to locate a body or remains, they should continue to gather other direct and circumstantial evidence which may suffice for identifying the perpetrator(s).
Despite the existence of a wealth of information relevant to the circumstances surrounding Billy’s apparent enforced disappearance, the four-year-old police investigation has been marked by a significant lack of progress.
At the same time, Thailand has yet to honor its repeated commitments to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), which it signed on 9 January 2012.
Thai authorities have failed to implement Thailand’s international legal obligations to provide justice for the victims of enforced disappearance and their families. Perpetrators are able to evade penalties, at least in part because Thai laws still do not make enforced disappearance a specific criminal offence.
The Convention affirms that “no one shall be subjected to enforced disappearance” and places an obligation on states to investigate acts of enforced disappearance, to bring those responsible to justice, and make it a criminal offence punishable by appropriate penalties that take into account its “extreme seriousness”.
On 10 March 2017, Thailand’s legislative body, the National Legislative Assembly (NLA), voted in favor of ratifying the ICPPED. However, on 6 September 2017, the ICJ was informed by Thailand’s Ministry of Foreign Affairs that a decision had been taken to delay the ratification of the ICPPED until legislation had been enacted to give domestic effect to the treaty.
Irrespective of ICPPED ratification, Thailand is also obliged to effectively investigate and prosecute the crime of enforced disappearance under the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture (CAT).
Efforts to pass a law making torture, other acts of ill-treatment and enforced disappearance specific offences in Thai law have also stalled.
Thailand’s Ministry of Justice notes that a second round of public consultations on a Draft Prevention and Suppression of Torture and Enforced Disappearance Act (‘Draft Act’) has been concluded and that it is now in the process of evaluating the consultations.
The ICJ, Amnesty International and Human Rights Watch urge that this process be hastened.
The ICJ, Amnesty International and Human Rights Watch have reviewed several versions of the Draft Act and are seriously concerned that adoption of the Draft Act as it currently stands will fail to bring the law into compliance with Thailand’s international human rights obligations.
On 30 August 2017, 23 November 2017, and 12 March 2018, civil society organizations, including the ICJ, Amnesty International and Human Rights Watch, sent open letters to the Government, including to Thailand’s Minister of Justice, outlining amendments that would be necessary to bring the Draft Act in line with Thailand’s international human rights obligations.
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: kingley.abbott(a)icj.org
Full statement in English (PDF): Thailand-Special-investigation-Billy-News-Press-releases-June-2018-ENG
Full statement in Thai (PDF): Thailand-Special-investigation-Billy-News-Press-releases-June-2018-THA
Mar 13, 2018 | News
On 12 March 2018, the ICJ co-hosted the forum “14 Years after Somchai’s Disappearance, What Have We Learned?” to commemorate the 14th anniversary of the enforced disappearance of prominent lawyer and human rights defender Somchai Neelapaijit.
The forum was held at the Faculty of Law in Thammasat University’s Tha Pra Chan campus.
More than 80 participants attended the event, including alleged torture victims, family victims of torture and enforced disappearance, students, lecturers, lawyers, civil society organizations, diplomats, members of the Thai authorities and media.
The objectives of the forum were to (i) mark the 14th anniversary of the enforced disappearance of Somchai Neelapaijit and the lack of progress in the investigation (ii) raise awareness and discuss the latest amendments to the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’) and its deficiencies; and (iii) discuss the newly constituted Committee managing complaints of torture and enforced disappearance, which was established by the Prime Minister on 23 May 2017.
Opening remarks were delivered by Angkhana Neelapaijit, wife of Somchai Neelapaijit, and Laurent Meillan, OHCHR’s Deputy Regional Representative.
Sanhawan Srisod, the ICJ’s National Legal Advisor, spoke during the first panel discussion on recent amendments to the Draft Act, which was moderated by Poonsuk Poonsukcharoen from Thai Lawyers for Human Rights (TLHR) and also included the following panelists:
- Nongporn Rungpetchwong, Human Rights Expert, Rights and Liberties Protection Department, Ministry of Justice
- Assistant Professor Dr. Ronnakorn Bunmee, Faculty of Law, Thammasat University
- Somchai Homlaor, Lawyer and Senior Advisor to Cross Cultural Foundation (CrCF)
The second panel discussion on the roles and duties of the Committee Managing Complaints for Torture and Enforced Disappearance Cases was moderated by. Yingcheep Atchanont from Internet Law Reform Dialogue (iLaw) and included the following speakers:
- Manunpan Rattanacharoen, Office of Foreign Affairs and International Crimes, Department of Special Investigation (DSI), Ministry of Justice
- Professor Narong Jaihan, Chair, Sub-committee on Prevention of Torture and Enforced Disappearance Cases
- Angkhana Neelapaijit, Family of “disappeared” person
- Isma-ae Tae, Alleged victim of torture and ill-treatment
During the event, the ICJ also highlighted its open letter to Thailand’s Minister of Justice, dated 12 March 2018, on the recent amendments to the Draft Act, which sets out concerns that the recent amendments would, if adopted, fail to bring the law into compliance with Thailand’s international human rights obligations.
The forum was co-organized with the Neelapaijit family, Thammasart University’s Faculty of Law, Amnesty International Thailand, Cross Cultural Foundation (CrCF), together with the United Nations’ Office of the High Commissioner for Human Rights (OHCHR) Regional Office for South East Asia.
Read also
ICJ and Amnesty International, Open letter to Thailand’s Minister of Justice on the amendments to the Draft Prevention and Suppression of Torture and Enforced Disappearances Act, 12 March 2018
English
Thai
ICJ and Thai Lawyers for Human Rights, Joint submission to the UN Committee against Torture, 29 January 2018
ICJ and Amnesty International, Recommendations to Thailand’s Ministry of Justice on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act, 23 November 2017
To mark the 10-year anniversary of Somchai Neelapaijit’s ‘disappearance’, the ICJ released a report documenting the tortuous legal history of the case, Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand, 7 March 2014
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Thailand-Amendments-to-Prevention-and-Suppression-of-Torture-2018-ENG (Full text in ENG, PDF)
Thailand-Amendments-to-Prevention-Suppression-of-Torture-2018-THA (Full text in THA, PDF)
Feb 15, 2018 | News
Thailand should immediately cease misusing criminal and civil defamation laws to legally harass victims, human rights defenders and journalists who raise allegations of torture or other ill-treatment, the ICJ said today.
Yesterday, the Director of the Internal Operations Security Command (ISOC) Region 4, Lt. Gen. Piyawat Nakwanich, reportedly authorized Lt. Col. Seathtasit Kaewkumuang to lodge defamation complaints against Isma-ae Tae, a founder of Patani Human Rights Organization (HAP).
ISOC is responsible for security operations in Thailand’s deep South.
“It is astonishing that after all of the Government’s repeated commitments to address allegations of torture and protect victims and human rights defenders, ISOC is now misusing the justice system to legally harass an alleged victim of torture,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.
“Thailand should immediately stop these defamation complaints against Isma-ae Tae and ensure an investigation that meets international law and standards is conducted into all allegations of torture or other ill-treatment without delay,” he added.
The accusations relate to a TV program entitled “Policy by People” that aired on the Thai PBS channel on 5 February 2018 in which Isma-ae Tae described being tortured and ill-treated by Thai soldiers when he was a student in Yala, located in Thailand’s restive deep South.
Criminal defamation in Thailand carries a maximum penalty of two years imprisonment and a fine of up to 200,000 Baht (USD $6,300).
The imposition of harsh penalties such as imprisonment or large fines under these laws has the effect of discouraging victims of torture or other ill-treatment from coming forward to seek the remedies and reparations to which they are entitled under international human rights law binding on Thailand, the ICJ said.
The complaints were made against the backdrop of a ruling by the Supreme Administrative Court on 19 October 2016, which ordered the Royal Thai Army and the Defence Ministry to pay 305,000 baht (USD $9,700) compensation to Isma-ae Tae, after it found he was “physically assaulted” during detention and had been illegally detained for nine days – exceeding the limit of seven days permitted under Martial Law Act B.E. 2457 (1914) (Martial Law).
“Even more astonishing is that a superior Thai court has already found that the military physically assaulted Isma-ae Tae and awarded him compensation, which only serves to highlight the injustice of these complaints”, added Abbott.
In 2008, Isma-ae Tae was arrested pursuant to Martial Law and allegedly tortured in order to purportedly extract a confession in relation to a national security case. To date, no perpetrators have been brought to justice.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Programme, t: +66 94 470 1345, e: kingley.abbott@icj.org
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-ENG (full story with additional information, in PDF)
Thailand-Isma-ae Tae defamation case-News-Press releases-2018-THA (Thai version of full sory, in PDF)
Read also
Thailand: ICJ welcomes decision to end proceedings against human rights defenders who raised allegations of torture
Thailand: ICJ welcomes dropping of complaints against human rights defenders but calls for investigation into torture
Thailand: stop use of defamation charges against human rights defenders seeking accountability for torture
Thailand: immediately withdraw criminal complaints against human rights defenders
Further reading on the Draft Prevention and Suppression of Torture and Enforced Disappearance Act
UN Committee against Torture: ICJ and TLHR’s joint submission on Thailand
Thailand: ICJ, Amnesty advise changes to proposed legislation on torture and enforced disappearances
Thailand: ICJ commemorates international day in support of victims of enforced disappearances
Thailand: pass legislation criminalizing enforced disappearance, torture without further delay
Nov 23, 2017 | News
Today, the ICJ and Amnesty International submitted recommendations to the Ministry of Justice that changes be made to a new law under consideration by the Cabinet, in order to bring it in line with Thailand’s international legal obligations.
The submission came in response to a request by the Ministry for feedback on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’).
The ICJ and Amnesty International welcome the Thai government’s commitment to criminalize torture and enforced disappearances.
The Draft Act currently addresses many existing gaps in Thailand’s current legal framework.
However, the organizations consider that further amendments are needed to address significant shortcomings in the Draft Act and ensure Thailand’s compliance with international treaties on torture and enforced disappearance and international standards.
Recommendations by the ICJ and Amnesty International addressed the following concerns:
- The absence within the Draft Act of key elements of the crimes of torture and enforced disappearance, as defined by international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment or punishment (CIDT/P);
- The inadequacy of provisions establishing the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearance as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act; and
- The shortcoming of provisions concerning safeguards against torture, CIDT/P and enforced disappearances.
The ICJ and Amnesty International urge Thailand to make it a top priority to address these and other concerns, and once they are addressed, to enact the law as soon as possible.
The urgent need to amend and enact the Draft Act is underscored by several NGO reports documenting the persistent use of torture and other ill-treatment by state security forces and the continued failure of the Thai authorities to hold accountable perpetrators of torture, other ill-treatment and enforced disappearances.
The ICJ and Amnesty International remain committed to providing any necessary assistance to the Thai government in amending the Draft Act or otherwise acting to prevent torture and enforced disappearances in Thailand.
In a letter accompanying the submission, the ICJ and Amnesty International also emphasized the crucial importance of maintaining sections within the current Draft Act providing that the prohibitions on torture and enforced disappearances apply in all circumstances, including states of emergency, and prohibiting the forcible transfer of persons to territories where they would face a real risk of torture or enforced disappearances (refoulement).
Background
Thailand is a state party to the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance.
The UN expert bodies overseeing the implementation of these treaties have consistently called upon states parties to criminalize torture and enforced disappearance as specific crimes.
On 15 November 2016, Thailand replied to a List of Issues, identified by the UN Human Rights Committee’s noting that it was in the process of passing the Draft Act which would “provide clear definition and set up specific offence on torture to be in line with the terms set forth under CAT” and “serve as an implementing legislation for ICPPED.”
It also asserted that the Draft Act “aims to strengthen the prevention, suppression, and prosecution mechanism and to ensure remedy for victims as well as address the problem of misuse, and abuses of power by government authorities with regard to torture and enforced disappearances.”
In February 2017, the National Legislative Assembly (NLA) announced it would not enact the Draft Act, which was produced by the Ministry of Justice in consultation with non-governmental organizations and other civil society actors.
In March 2017, at the UN Human Rights Committee’s review of Thailand’s compliance with the ICCPR, Thailand confirmed that the Draft Act “had been submitted to the National Legislative Assembly, which had requested the Cabinet to further review the bill, with a view to introducing amendments and launching a public consultation process.”
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 e: kingsley.abbott@icj.org
Read also
Joint Letter to the Thai Government
Download
Thailand-Torture and ED-Advocacy-nonlegal submission-ENG (Submission in English, pdf)
Thailand-Torture ED Bill-News-THA (statement in Thai, pdf)
Thailand-Torture and ED-Advocacy-nonlegal submission-THA (Submission in Thai, pdf)
