Sep 1, 2015 | News
The Thai government must end proceedings against two journalists who were today acquitted of charges of defaming the Royal Thai Navy and immediately repeal the country’s criminal defamation laws, the ICJ said today.
The two journalists with the Phuketwan online news outlet, Alan Morison and Chutima Sidasathian, were charged with criminal defamation under the Thai Criminal Code and violation of Article 14(1) of the Computer Crimes Act.
“Today’s verdict affirms the right of journalists in Thailand to freely express their views, even if – especially if – they sometimes have to criticize public authorities when it is in the public interest to do so,” said Kingsley Abbott, ICJ International Legal Adviser for Southeast Asia, who observed the proceedings.
“The verdict today is a relief not only for the two brave journalists who could have faced jail sentences for doing their job, but also for other journalists in Thailand who followed this case with anxiety about potentially significant new restrictions on their ability to work,” he added.
The prosecution now has 30 days to appeal the verdict.
“The charges against these two journalists generated severe international criticism for Thailand and harmed the country’s reputation more than any article in Phuketwan,” said Abbott. “The prosecution should take heed of this verdict and drop the case without further appeal.”
The Royal Thai Navy had complained that 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.
In a decision read out today at the Phuket Provincial Court, with respect to the charges of criminal defamation, the Judge held that the journalists had reproduced information from a news source, Reuters, that they believed to be reliable.
Regarding the charges under the Computer Crimes Act, the Judge found that the information that was published was not “false computer data” and was not information that could “cause damage” to national security which are elements of Article 14(1).
The Judge also noted that the Computer Crimes Act was not intended to cover allegations of defamation.
“Thailand must repeal its criminal defamation laws in recognition that criminal penalties are a disproportionate means to address reputational damage,” Abbott added.
“Thailand should also reform the Computer Crimes Act to more precisely define that its purpose and scope is not intended to place limitations on freedom of expression.”
Background
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a State Party, guarantees the right to freedom of expression, which includes the right to impart information.
The UN Human Rights Committee, which monitors State compliance with the ICCPR, has expressed its concern at the misuse of defamation laws to criminalize freedom of expression and has said that such laws should never be used when expression is made without malice and in the public interest.
It has also clarified that imprisonment is never an appropriate penalty for defamation.
The ICJ, the Human Rights Committee, the UN Special Rapporteur on freedom of opinion and expression and other international human rights bodies and an increasing number of governments believe that criminal defamation laws should be abolished. Such laws are incompatible with the right to freedom of expression.
Criminal penalties are a disproportionate means to protect against reputational harm and pose an impermissibly severe impediment to the exercise of free expression.
Thailand was criticized in May 2014 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.”
Read also:
The Phuketwan trial: an insidious prosecution of free expression
Contact:
Kingsley Abbott, ICJ International Legal Adviser, (Bangkok), t:+66 944701345, e: kingsley.abbott(a)icj.org
Thailand-Phuketwan trial-News-Press releases-2015-THA (full text in PDF, Thai version)
Aug 28, 2015 | News
The Malaysian authorities must take effective measures to actively protect the rights of participants at the Bersih 4.0 rally in Kuala Lumpur this weekend, and ensure that the rally takes place without violent obstruction by counter demonstrators, said the ICJ today.
On 29 and 30 August, BERSIH 2.0, a coalition formed in 2005 to push for electoral reforms in Malaysia, will be organizing a 34-hour public assembly to address allegations of corruption against the Malaysian Prime Minister. The public assembly is commonly called Bersih 4.0.
The Malaysian government has declared the rally illegal and the Malaysian Communications and Multimedia Commission has decided to block websites that are spreading information about the Bersih 4.0 rally, claiming that they are a threat to national stability.
“Under international law, the Malaysian government has the positive obligation to create an enabling environment and to facilitate the exercise of the right to free expression and free assembly,” said Sam Zarifi, ICJ’s Regional Director on Asia and the Pacific.
“Instead of respecting these rights, the government’s actions such as declaring the protest illegal and blocking information on the internet, are likely to enflame the situation and are in violation of Malaysian law and international standards,” he added.
International law and standards, including the Universal Declaration of Human Rights guarantee the right to freedom of peaceful assembly and the right to seek, receive and impart information, which is also an essential element of the right to freedom of expression.
Furthermore, the UN Special Rapporteur on the right to freedom of peaceful assembly and association highlighted the important role of the internet as a basic tool for individuals to organize peaceful assemblies, and emphasized that governments must ensure access to the Internet at all times, including during times of unrest.
Any determination on what website content should be blocked must be undertaken by a competent judicial authority or a body that is independent of any political, commercial, or other unwarranted influences.
“The Malaysian authorities must ensure that the people of Malaysia are able to exercise their right to peacefully assemble and to freely express their opinion, including regarding matters of good governance and democracy,” Zarifi said.
“The job of the police is not to dispel the protesters, but rather to ensure their protection – such as from possible violence from counter demonstrators.”
Contact:
Sam Zarifi, ICJ’s Regional Director on Asia and the Pacific, t: +668 0781 9002 ; e: sam.zarifi(a)icj.org
Aug 20, 2015 | News
The bombing in Bangkok that killed 20 people and injured more than 120 constitutes a serious attack on human rights and demands an impartial and effective investigation to bring the perpetrators to justice, the ICJ said today.
“Targeting ordinary people, mostly tourists visiting a religious shrine, is an assault upon our shared humanity and human rights,” said Sam Zarifi ICJ’s Regional Director for Asia and the Pacific. “Thailand must counter this vile attack with a credible investigation that aims to deliver justice to the victims by identifying the perpetrators and bringing them to justice in accordance with the rule of law.”
“The Thai authorities must also resist the pressure to display progress through hasty conclusions and commit unwaveringly to an investigation that meets international standards and respects all legal and due process guarantees. Only a credible and fair process will provide truth and justice to the many victims and survivors,” he added.
As part of an effective investigation, the ICJ recommends Thailand to:
- protect the rights of the victims including by ensuring they:
o are treated with respect,
o receive regular information about the progress of the investigation and their rights in relation to it,
o receive all necessary support and assistance;
- ensure that the investigation hypothesis is not influenced by discrimination or bias based on ethnic, religious, political or other such grounds; and
- actively seek out and accept offers of assistance from other states including in the areas of:
o intelligence,
o forensic examination of crimes scenes, bodies and vehicles,
o analysis of phone material including call data and cell sites, and
o enhancement and analysis of Closed Circuit Television (CCTV) footage.
Thailand is required to effectively investigate the attack, to prosecute and punish those responsible, and to ensure victims have access to effective remedies and reparation, as part of its international legal obligations as a Party to the International Covenant on Civil and Political Rights (ICCPR), including pursuant to the right to life and the right to security of person.
Background:
On 17 August 2015 at approximately 19:00, an Improvised Explosive Device (IED) was detonated near the popular Erawan religious shrine at the Ratchaprasong intersection in central Bangkok.
On 18 August 2015 at approximately 13:00, a second IED was detonated near Bangkok’s Sathorn boat pier that exploded harmlessly in the water.
To date, no groups or individuals have claimed responsibility for either attack.
Contact:
Sam Zarifi, ICJ Asia Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarif(a)icj.org
Kingsley Abbott, ICJ International Legal Adviser, (Bangkok), t:+66 944701345, e-mail: kingsley.abbott(a)icj.org
Thailand-BKK Blast-News-Press releases-2015-THA (full text in pdf, THAI)
Photo: Xinhua / Li Mangmang
Jul 24, 2015 | News
The Cambodian Senate’s approval of the draft law this morning brings the Government one step closer to having the power to repressively monitor and restrict the registration and activities of associations and Non-Governmental Organizations (NGOs), the ICJ said today.
According to information provided to the ICJ, the Senate approved the draft Law on Associations and NGOs (LANGO) at approximately 10:00am local time this morning. Opposition Senators boycotted the vote.
“The draft law, once promulgated, will severely restrict the ability of members of civil society to exercise their rights to freedom of association and expression which Cambodia has a duty to protect under its international obligations,” said Kingsley Abbott, the ICJ’s International Legal Adviser.
“The regrettable irony is that in approving this draft law, which contains the stated aims of protecting civil society interests and promoting their partnership with public authorities, the Government has totally disregarded civil society’s calls for consultation and for the draft law to be withdrawn,” he added.
On 13 July 2015, the Cambodian National Assembly adopted the draft law after 55 members of the opposition party, the Cambodia National Rescue Party (CNRP), decided to boycott the vote.
The draft law will be promulgated once it receives the King’s signature, which is largely a symbolic step under the Cambodian Constitution.
The draft law’s most problematic provisions include:
- requirement of excessive documentation for the registration of both domestic and international associations and NGOs;
- arbitrary powers given to the Ministry of Interior and Ministry of Foreign Affairs to deny or revoke registration on the grounds that an association or NGO’s activities endanger public security, stability and order, constitute a threat to national security, national unity or the good culture, traditions and customs of Cambodian national society;
- the requirement that associations and NGOs adhere to a stance of neutrality vis à vis political parties, and provisions that allow for the suspension and dissolution of groups that violate this requirement;
- the requirement that associations and NGOs report to several ministries and submit an annual report summing up work activities and finances; and
- the inclusion of sweeping provisions for the suspension and dissolution of domestic and international associations and NGOs.
Background
The draft law, once promulgated, will bring Cambodia into non-compliance with international law and standards.
As a party to the International Covenant on Civil and Political Rights (ICCPR), Cambodia must guarantee the rights to freedom of expression and association and ensure that no restrictions are put in place except under the strict conditions set out in articles 19(3) and 22(2) of the ICCPR. These conditions clearly have not been met under the terms of the draft LANGO.
In addition, Article 2 of the UN Declaration on Human Rights Defenders provides that each “State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice.
Article 8 states that everyone “has the right, individually and in association with others, to have effective access…to participation in the government of his or her country and in the conduct of public affairs…[including] the right, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.”
In June and July 2015, the ICJ and other international human rights groups sent joint letters to the Government of Cambodia, including to Prime Minister Hun Sen and the President of the National Assembly, urging for the withdrawal of the draft law.
Contact:
Kingsley Abbott, ICJ’s International Legal Adviser, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Jul 22, 2015 | News
Cambodian authorities must immediately quash the convictions for insurrection handed down to eleven opposition party activists on 21 July, the ICJ said today.
The Phnom Penh Municipal Court sentenced the National Rescue Party (CNRP) activists to between seven and 20 years in prison following an unfair trial.
“These men were grossly over-charged with insurrection in the first place,” said Kingsley Abbott, ICJ International Legal Adviser.
“The fact they have now been handed down disproportionately severe sentences following an unfair trial only serves to underscore that a serious miscarriage of justice has taken place in violation of Cambodia’s international obligations,” he added.
The charges arose out of their participation in a demonstration on 15 July 2014 against the closure of Phnom Penh’s designated protest site, Freedom Park, that became violent after “public-order” para-police attempted to break up the protest and were attacked by some people in the crowd.
According to information provided to the ICJ, all but one of the accused’s nine lawyers either boycotted or were unable to attend Tuesday’s suddenly-scheduled hearing in protest against a decision by the Court on Monday to fast track the trial.
When the Court unexpectedly called for closing arguments, the accused requested their lawyers to be present, which was denied.
According to observers, no credible evidence was produced during the trial connecting the eleven to the violence and the verdicts were read out after only 15 minutes of deliberation.
“In the event that fresh charges are brought, they must be consummate with the seriousness of the alleged offending, based on reliable evidence, and be adjudicated upon at a trial that scrupulously respects international fair trial standards in accordance with Cambodia’s international obligations,” Abbott said.
Background
Three men – Meach Sovannara, Oeur Narith, and Khin Chamreun – were convicted of participating in and leading an insurrectionary movement and were sentenced to 20 years imprisonment.
Eight men – Sum Puthy, Neang Sokhun, San Kimheng, Tep Narin, San Seihak, An Batham, Ouk Pich Samnang, and Ke Khim – were convicted of participating in an insurrectionary movement and were sentenced to seven years imprisonment.
Tuesday’s verdicts are inconsistent with international law and standards including article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State Party, which states that everyone has the right to a “fair and public hearing by a competent, independent and impartial tribunal established by law.”
Contact:
Kingsley Abbott, International Legal Adviser, Asia & Pacific Programme, t: + 662 6198477, + 662 6198478 Ext. 203 ; e: kingsley.abbott(a)icj.org
Jul 19, 2015 | News
On 18-19 July 2015, the ICJ held a workshop on “The Protection of Victims in Criminal Cases” for 35 judges in Thailand’s deep South. This is the fifth workshop the ICJ has held with the judges of Region 9 since 2011.
The objective of the workshop, held in Hat Yai, was to discuss how to improve procedural measures to protect victims in Thailand with reference to international law and standards.
Speakers at the workshop included Justice John Lawrence O’Meally, an ICJ Commissioner from Australia, Judge Dol Bunnag, Chief Judge of the Juvenile and Family Court of Sakonnakorn Province, Chief Judges from Region 9, and Marie Guiraud, International Civil Party Lead Co-Lawyer at the Khmer Rouge Tribunal in Cambodia.
Background:
Previous ICJ workshops with the Judges of Region 9 have covered the following topics:
- Rule of Law and Strengthening the Administration of Justice in the Context of the Application of Emergency Laws in the Southern Border Provinces (2011)
- Rule of Law and Strengthening the Administration of Justice in the Context of Bail in the Southern Border Provinces (2012)
- Rule of Law and Strengthening the Administration of Justice in the Context of Habeas Corpus in the Southern Border Provinces (2012)
- The Principle of Inadmissibility of Evidence Obtained by Unlawful Means and Hearsay Evidence: International Standards Compared to Thai Law (2014)
