Apr 22, 2019 | Advocacy, News, Non-legal submissions
Today, the ICJ submitted recommendations to the Council of the State calling for the repeal or amendment of National Council for Peace and Order (NCPO) and Head of the NCPO (HNCPO) orders and announcements in line with Thailand’s international human rights law obligations.
The ICJ was informed by the Ministry of Foreign Affairs that the Council of the State had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the HNCPO in February 2019.
The review process is in line with Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.
In its submission to the Council of the State, the ICJ has called for the review process of HNCPO and NCPO announcements and orders to be carried out with increased public participation, openness, and transparency.
The ICJ has also made recommendations on the repeal and amendment of the following HNCPO and NCPO orders and announcements since they are clearly inconsistent with Thailand’s international human rights law obligations and the 2017 Constitution, and are neither necessary, nor proportionate, nor relevant to the current situation:
- Orders that provide the military with superior powers beyond civilian authorities;
- Orders that allow military courts to prosecute civilians;
- Orders that infringe on the rights to freedom of expression and assembly, restrict media freedom and the right to information; and
- Orders that infringe on community and environmental rights.
As main priorities, the ICJ has recommended that:
a) the exercising of law enforcement powers by military personnel to arrest and detain suspects in places not formally recognized as places of detention without judicial review should end;
b) all cases of civilians facing proceedings before military courts be transferred to civilian courts, and all civilians convicted of an offence in military courts be guaranteed a re-trial in civilian courts; and
c) all other HNCPO and NCPO orders and announcements should be repealed or amended to bring Thailand in compliance with its international human rights law obligations, and to ensure that the rights to freedom of expression, opinion and assembly, and environmental rights, among others, be respected.
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-ENG (PDF in English)
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-THAI (PDF in Thailand)
Further readings:
Post coup’s legal frameworks
Thailand: ICJ alarmed at increasing use of arbitrary powers under Article 44
Joint submission to the UN Human Rights Committee by the ICJ and Thai Lawyers for Human Rights
The ICJ and other groups made a joint follow-up submission to the UN Human Rights Committee
Thailand: statement to UN on situation for human rights
ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand
Military officers in law enforcement missions
Thailand: immediately end the practice of arbitrarily detaining persons in unofficial places of detention
Thailand: The ICJ and Human Rights Watch express concerns over detentions
The Use of Military Court
Thailand: transfer all civilians to civilian courts
Thailand: End prosecution of civilians in military tribunals
Thailand: ICJ welcomes Order phasing out prosecution of civilians in military courts but government must do much more
Freedom of expression and assembly
Thailand: lifting of the ban on political activities is welcome but more is needed
Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand
Thailand: misuse of laws restricts fundamental freedoms (UN statement)
Community and environmental rights
“Development” and its discontents in Thailand
Thailand: ICJ submission to the UN Committee on Economic, Social and Cultural Rights
Jan 25, 2019 | Advocacy, Legal submissions
Today, the ICJ and Lawyers Rights Watch Canada (LRWC) submitted a joint amicus curiae in criminal defamation proceedings against human rights defenders Nan Win and Sutharee Wannasiri for bringing to light alleged labor rights violations at Thammakaset Company Limited.
The defamation charges relate to a 107-second film, produced by the non-governmental organization Fortify Rights, which documents previous defamation complaints brought by Thammakaset against 14 of its former migrant workers from Myanmar.
Nan Win was one of the migrant workers featured in the film. Sutharee Wannasiri, former Human Rights Specialist with Fortify Rights, was charged in connection with making three Twitter posts relating to the film.
The brief aims to clarify the nature and scope of Thailand’s international legal obligations relating to the right to freedom of expression and points out that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risks having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The preliminary examinations of Nan Win and Sutharee Wannasiri will begin on 4 February and 11 March 2019, respectively.
During the preliminary examination hearing, is the Court will consider the case before it to determine if it is a prima facie case.
The preliminary examination hearing is a mandatory proceeding in matters involving prosecution claims brought by private individuals or entities, such as in the case of Nan Win and Sutharee Wannasiri.
If the preliminary examination finds that the cases are prima facie, the court will admit to trial only the charges relating to the counts deemed prima facie.
If the court finds no prima facie case, it can rule that the charges be dismissed.
Read also:
Thailand: Drop defamation complaints against human rights defenders Nan Win and Sutharee Wannasiri (3 December 2018)
Download:
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-ENG (full amicus in PDF, English)
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-THA (full amicus in PDF, Thai)
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)
