Dec 10, 2015 | News
The Ambassador of the Federal Republic of Germany to Thailand and the ICJ held an event at the German Residence in Bangkok to mark Human Rights Day.
In his welcome speech, the Ambassador, Peter Prügel, stressed the importance of the protection of universal human rights which are essential for peace, long-term stability and sustainable development worldwide and referred to Germany’s long-standing support of the ICJ and its partners in Thailand.
Angkhana Neelapaijit, newly appointed Commissioner of Thailand’s National Human Rights Commission, respected human rights defender and victim of enforced disappearance then spoke about her new role and the human rights challenges currently facing Thailand.
A panel discussion on the prevailing human rights situation in Thailand then followed, which touched on a range of topics including the situation in deep South, community rights, migrants and refugees, the current legal framework, freedom of expression and assembly, the requirement to protect human rights defenders under international law and the upcoming Universal Periodic Review of Thailand by the Human Rights Council in 2016.
The panelists were:
- ICJ Commissioner, Professor Emeritus Vitit Muntarbhorn, Law Faculty, Chulalongkorn University;
- Sitthipong Chantarawirod, Chairperson of Muslim Attorney Centre Foundation;
- Pranom Somwong, Representative of Protection International Thailand;
- Somchai Homlaor, Chairperson of Cross Cultural Foundation; and
- Yaowalak Anuphan, Head of Thai Lawyers for Human Rights.
Approximately 100 members of Thailand’s civil society, the diplomatic community, the National Human Rights Commission, affected communities, academia, the United Nations, and Thailand’s Ministry of Foreign Affairs attended the event.
Sep 29, 2015 | Events, News
From 30 September to 1 October 2015, the Asian Forum for Human Rights and Development (FORUM-ASIA), International Commission of Jurists (ICJ), and Boat People SOS (BPSOS) will jointly organize a conference in Bangkok.
The regional conference will discuss pressing concerns on the promotion and protection of freedom of religion or belief.
The UN Special Rapporteur on Freedom on Religion or Belief, Mr. Heiner Bielefeldt, will be joined by approximately 60-70 human rights defenders, members of religious groups, rights groups, UN agencies and representatives from the ASEAN Intergovernmental Commission on Human Rights, ASEAN Commission on the Promotion and Protection of Rights of Women and Children, National Human Rights Institutions and other government agencies.
The event will provide a multi-stakeholder platform to discuss key emerging issues, distinct and shared challenges faced by various Southeast Asian religious groups and advocates of religious freedom, identify advocacy strategies and best practices to overcome these obstacles, and to strengthen cooperation between the different stakeholders important in promoting freedom of religion or belief in Southeast Asia.
The event will also be an opportunity for participants to have a better understanding of the mandate of the UN Special Rapporteur on freedom of religion or belief.
Some of the key topics expected to be discussed include state control and regulation of religion, extreme interpretations of religion, and how freedom of religion together with other human rights are complementary or mutually reinforcing.
Upon the completion of the conference, the Special Rapporteur will hold a press briefing at the Foreign Correspondents’ Club of Thailand (FCCT) at 7.30pm on 1 October 2015 to provide an overview of the status of freedom of religion or belief in Southeast Asia and how this right could be better protected and promoted.
Sep 21, 2015 | Advocacy, Non-legal submissions
Today, the ICJ and Thai Lawyers for Human Rights (TLHR) made a joint submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Thailand in April/May 2016.
In their submission, the ICJ and TLHR expressed concern about the following issues:
(1) the impact of the new legal and institutional framework, imposed since the May 2014 coup d’état, on human rights in Thailand;
(2) instances of suspected enforced disappearance and torture; and
(3) issues concerning international human rights instruments and mechanisms.
A copy of the submission can be found here:
THAILAND-UPR SUBMISSION FINAL AS LODGED-Advocacy-Non legal submission-2015-ENG (full text in PDF)
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 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
