Mar 7, 2017 | News
The ICJ welcomes Thailand’s decision to drop spurious criminal defamation complaints against three prominent human rights defenders who had raised allegations of torture by security forces in Thailand’s restive deep South.
“It’s good news that the Thai military has dropped these unfounded complaints, but these charges should never have been brought. Thailand should now ensure the allegations of torture and ill-treatment are independently and effectively investigated,” said Sam Zarifi, the ICJ’s Asia Director.
“Thailand should also work to repair the considerable damage that was caused to alleged victims of torture and civil society who have been intimidated into silence by the prosecutions,” Zarifi continued.
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 security forces in the deep South since 2004.
In response, the Internal Security Operations Command (ISOC) brought criminal defamation complaints against the three co-editors, Ms. Pornpen Khongkachonkiet (Director of the CrCF), Mr. Somchai Homlaor (Senior legal advisor to CrCF and Hearty Support Group), and Ms. Anchana Heemmina (founder and Director of the Hearty Support Group).
On 26 July 2016, the Thai police charged the three human rights defenders with criminal defamation by means of publication under Article 326 and 328 of the Penal Code, and importing false information to a computer system under Article 14 (1) of the Computer-Related Crime Act B.E. 2550 (2007).
The ICJ has been concerned by the abuse of criminal laws, including the already problematic criminal defamation law, as a means of effectively silencing human rights defenders.
“Thailand should now drop other outstanding criminal complaints against human rights defenders, including the complaint of sedition made against human rights lawyer Sirikan Charoensiri, and ensure that they are protected from retaliation,” Zarifi said. “We look forward to the ISOC following through on its commitment to working with civil society to end torture and ill-treatment and bring any perpetrators to justice.”
Background
On 7 March 2017, the ISOC 4 Forward Command – created to resolve the situation in the deep South – and the three human rights defenders, held a joint press conference.
The ISOC 4 Forward Command announced the ISOC will drop the complaints, citing the need for authorities and NGOs to work together collaboratively to address alleged human rights violations. ISOC 4 Forward Command also announced the establishment of a “joint fact-finding committee” which will be made up of officials and NGOs to look into allegations of human rights violations and to explore preventative measures.
The dropping of the charges occurs against the backdrop of the National Legislative Assembly (NLA) referring a draft law criminalizing torture and enforced disappearance back to the Cabinet, effectively delaying its passage indefinitely, despite Thailand’s repeated assurances on the international stage that it will pass the law in the near future.
On 13 and 14 March 2017, the UN Human Rights Committee will review Thailand’s compliance with the International Covenant on Civil and Political Rights (ICCPR), to which it is a State Party.
In a joint submission to the Committee, the ICJ and Thai Lawyers for Human Rights (TLHR) called for an end to the legal harassment of human rights defenders and for all allegations of torture, ill-treatment and enforced disappearance to be independently, impartially, and effectively investigated.
Further reading
https://www.icj.org/thailand-stop-use-of-defamation-charges-against-human-rights-defenders-seeking-accountability-for-torture/
https://www.icj.org/thailand-immediately-withdraw-criminal-complaints-against-human-rights-defenders/
Contact
Kingsley Abbott, Senior International Legal Adviser for Southeast Asia, ICJ, email: kingsley.abbott(a)icj.org or mobile: +66 94 470 1345
Thailand-HRD dropped charges-news-2017-THA (Statement in Thai, PDF)
Feb 13, 2017 | Advocacy, Non-legal submissions
The ICJ and Thai Lawyers for Human Rights (TLHR) have made a submission to the UN Human Rights Committee in view of its forthcoming review of the implementation of the International Covenant on Civil and Political Rights by Thailand.
In their submission, the ICJ and TLHR have brought to the Committee’s attention their concerns in relation to the following issues:
- Constitutional and legal framework within which the Covenant is implemented;
- States of emergency;
- Right to life and prohibition of torture and cruel, inhuman or degrading treatment or punishment;
- Right to liberty and security of the person, treatment of persons deprived of their liberty, right to a fair trial and independence of judiciary; and
- Freedoms of expression and association and right to peaceful assembly.
Thailand-ICCPR Submission ICJ-TLHR-Advocacy-Non legal submissions-2017-ENG (Full text in PDF)
Thailand-ICCPR Submission ICJ-TLHR-Advocacy-Non legal submissions-2017-THA (Thai version, in PDF)
Oct 25, 2016 | Advocacy
The ICJ, Amnesty International, FIDH, Fortify Rights and Lawyers’ Rights Watch Canada urge Thailand’s National Legislative Assembly (NLA) to reject currently proposed amendments to the 2007 Computer-Related Crime Act (CCA).
The full text of their statement can be dowloaded here:
thailand-cca-amendments-advocacy-2016-eng (in PDF)
thailand-cca-amendments-advocacy-2016-tha (Thai, in PDF)
Oct 16, 2016 | News
On 15-16 October 2016, the ICJ held a Workshop for justice sector actors in Thailand’s deep South on “the Use of Telecommunication Evidence in Criminal Cases” for police, special investigators, prosecutors and lawyers.
The attendees included 30 public prosecutors, police and Department of Special Investigation (DSI) officials, 15 defense lawyers, and observers from the Thailand Institute of Justice (TIJ) and the Asia Foundation.
This is the sixth ICJ workshop related to strengthening the administration of justice in the deep South since 2011.
The objective of the workshop, held in Hat Yai, was to discuss how telecommunication information may be used as part of an effective criminal investigation, and the ways in which prosecutors, lawyers and judges should consider approaching the use of this kind of information as evidence at trial.
The Workshop observed a moment of silence for the passage of the late King Rama IX.
Kingsley Abbott, ICJ Senior International Legal Adviser, opened by saying that the use of telecommunication evidence is one tool that can be used in an effective investigation of serious criminal and security related cases followed by fair trials.
However, it is important to ensure that the acquisition and use of this information as evidence fully respects the right to privacy guaranteed by the International Covenant on Civil and Political rights (ICCPR) to which Thailand is a State Party.
The ICJ firmly believes that respect for human rights and the rule of law must be the bedrock in countering terrorism and violent crime.
Speakers at the Workshop included Judge Wasupatchra Jongpermwattanapol, Chief Judge of the Office of the Chief Justice Region 9; Mr Sophon Tipbamrung, Executive Director of the Special Office of Criminal Litigation 3, Region 9; Lt. Col. Thatphichai Chanwaranon, Deputy Superintendent of the Investigation Bureau, Southern Border Provinces Police Operation Center and national expert on the use of telecommunication evidence; and Mr Nigel Povoas, a British Barrister with experience leading high profile international serious and organized crime cases and an expert in the use of telecommunication evidence.
Background
Previous ICJ workshops in the deep South have included:
- The Protection of Victims in Criminal Cases (2015)
- The Principle of Inadmissibility of Evidence Obtained by Unlawful Means and Hearsay Evidence: International Standards Compared to Thai Law (2014)
- Rule of Law and Strengthening the Administration of Justice in the Context of Habeas Corpus in the Southern Border Provinces (2012)
- 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 the Application of Emergency Laws in the Southern Border Provinces (2011)
Oct 11, 2016 | News
Thailand should immediately end the use of Article 44 of the Interim Constitution which gives the Head of the military junta sweeping, unchecked powers contrary to the rule of law and human rights, said the ICJ today.
Despite widespread international condemnation of Article 44, its use has increased every year since the Interim Constitution was promulgated on 22 July 2014 following the coup d’état of 22 May 2014.
The Head of the National Council for Peace and Order (NCPO), Prayut Chan-o-cha, has issued at least 107 Orders under Article 44 (available in the public domain): at least one in 2014; 44 in 2015; and 62 in 2016 to date – with 37 Orders being issued since June 2016 alone.
“The Head of the NCPO’s increasing willingness to use extraordinary powers to make ad hoc, arbitrary changes to existing laws and regulations without judicial oversight should be alarming to everyone, including the business sector,” said Wilder Tayler, Secretary General of the ICJ.
“Article 44 places law making power in the hands of one man, while Articles 47 and 48 of the Interim Constitution block judicial review or access to remedies and reparation. This is entirely inconsistent with the three fundamental pillars of the rule of law, equality, accountability and predictability, and should be revoked immediately,” he added.
The Article 44 orders range from those restricting the civil rights of all people in Thailand to those aimed at seemingly minor and ordinary bureaucratic processes.
To date, Article 44 has been used to introduce a raft of revisions into existing Thai law without observing proper process or practice, including providing for the acquisition of land for the establishment of Special Economic Zones bypassing the usual environmental and social checks and balances provided for in domestic legislation; granting military officers sweeping powers of investigation, arrest and detention; and prohibiting the gathering of five or more persons for political purposes.
“It is long past time for Thailand to revoke Article 44 and all others laws, orders and announcements issued since the military coup that are inconsistent with the rule of law and human rights,” Tayler said.
“The justifications the military presented for such measures were never valid or credible, and certainly not so after more than two years of direct military rule.”
All Orders issued under Article 44 – and all other NCPO Orders and Announcements – will continue to remain in force under the draft Constitution that was accepted at a public referendum on 7 August 2016, and may only be repealed or amended by an Act.
Last week, Deputy Prime Minister Wissanu Krea-ngam announced that the NCPO was considering converting many of the hundreds of orders issued by the NCPO into legislation, including those issued under Article 44.
thailand-art-44-ncpo-news-press-releases-2016-eng (full text with background, in PDF)
thailand-head-of-ncpo-orders-advocacy-2016-eng (full list of all publicly available Head of NCPO Orders, in PDF)
thailand-art-44-ncpo-news-press-releases-2016-tha (full text in Thai, PDF)
