Oct 3, 2016 | News
The government should drop all proceedings against human rights lawyer, Sirikan Charoensiri, including the specious accusation of sedition, which apparently relate to her organization’s representation of 14 student activists peacefully protesting in June 2015, the ICJ and other groups said today.
On 27 September 2016, Sirikan Charoensiri (photo), a lawyer and documentation specialist at Thai Lawyers for Human Rights (TLHR), received a summons from the Thai Police following accusations that she violated Article 12 of the Head of National Council for Peace and Order (NCPO) Order 3/2015, prohibiting the gathering of five or more people for political purposes, and Article 116 of the Thai Criminal Code, a ‘sedition’-type offence.
According to the summons, the accusations are made by an army officer, Lieutenant Colonel Pongsarit Pawangkanan.
Sirikan Charoensiri received the summons, dated 20 September 2016, when she returned to Thailand after attending the 33rd Session of the Human Rights Council in Geneva where she conducted advocacy on the human rights situation in Thailand on behalf of FORUM-ASIA and the ICJ.
Sirikan Charoensiri did not receive an earlier summons, dated 14 September 2016, the police claimed had been sent to her apartment, as she was not home at the time.
Sirikan Charoensiri has already been charged with two offences under the Criminal Code of Thailand: “giving false information regarding a criminal offence” and “refusing to comply with the order of an official” in relation to TLHR’s provision of legal aid to 14 student activists – the new summons appears to relate to the same case.
“The army’s accusation that Sirikan Charoensiri has violated the frequently abused sedition law with its extremely serious penalties and risk of a military trial is indefensible and must be withdrawn immediately,” said Wilder Tayler, Secretary General of the ICJ.
“The fact that the authorities have made these accusations more than one year after TLHR’s clients were charged with sedition in the same case suggest the accusations have been made in retaliation for her high-profile national and international human rights advocacy since the military coup,” he added.
The other groups who signed the statement are: Human Rights Watch, Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), the Observatory for the Protection of Human Rights Defenders (an FIDH–OMCT partnership), Protection International (PI), Lawyers’ Rights Watch Canada (LRWC), Fortify Rights, and the International Service for Human Rights (ISHR).
thailand-sirikan-charoensiri-conviction-news-press-releases-2016-eng (full text in PDF)
thailand-sirikan-charoensiri-conviction-news-press-releases-2016-tha (Thai version, in PDF)
Sep 20, 2016 | News
The ICJ expresses its disappointment with today’s verdict criminalizing the work of human rights defender, Andy Hall, and calls upon Thailand to decriminalize defamation and amend the Computer Crime Act in line with international standards protecting freedom of expression.
This morning, Thailand’s Southern Bangkok Criminal Court found Andy Hall guilty of defaming a Thai fruit processing company under Article 328 of the Thai Criminal Code and violation of Article 14(1) of the Computer Crime Act, and sentenced him to a fine of THB 200,000 (USD$ 5,700) reduced to THB 150,000 (USD $4,300); and four years imprisonment, reduced to three years and suspended for two years.
Andy Hall has said he will appeal the verdict.
“Human rights defenders such as Andy Hall have the right to exercise freedom of expression in advocating for the protection and realization of human rights – a right that Thailand has a duty to protect,” said Kingsley Abbott, Senior International Legal Adviser at the ICJ.
“Unfortunately, there are numerous examples of criminal defamation and the Computer Crime Act being used against human rights defenders in Thailand, a practice that must end, including through a substantial reform of these laws,” he added.
The ICJ and Lawyers Rights Watch Canada submitted a joint amicus curiae brief in the proceedings, arguing that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risk having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The ICJ anticipates the arguments contained in the joint amicus will be considered on appeal.
“It is also disappointing that the Court did not appear to take into account the recent decision of the Phuket Provincial Court in the Phuketwan case, which found that the Computer Crime Act was not intended to be used in cases of alleged defamation,” said Abbott.
On 1 September 2015, the Phuket Provincial Court acquitted two journalists of criminal defamation and violations of the Computer Crime Act after the Royal Thai Navy complained 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.
The criminal defamation proceedings brought against Andy Hall are among several that have been brought against human rights defenders in Thailand in recent years.
Others examples include the charges laid against activists Pornpen Khongkachonkiet, Somchai Homloar and Anchana Heemina in July 2016 for raising allegations of torture in the deep South; and those brought against activists protesting various development projects in Thailand which are allegedly having an adverse impact on communities.
Background
Today’s case is one of four criminal and civil proceedings (two criminal and two civil) a Thai fruit processing company, Natural Fruit Company Ltd., has brought against Andy Hall in relation to the report of a Finnish NGO, Finnwatch, published in January 2013, called Cheap Has a High Price.
Andy Hall’s research was included in the report which alleged that labour rights violations were taking place at Natural Fruit Company Ltd., whose employees included migrant workers from Myanmar.
In September 2015, a Thai Appeal Court upheld the dismissal of the other criminal defamation proceeding Natural Fruit Company Ltd. brought against Andy Hall. That proceeding is currently before the Supreme Court. Two civil proceedings are also before the Thai courts but have been suspended pending resolution of the two criminal proceedings.
The use of criminal defamation laws, carrying penalties of imprisonment, against human rights defenders reporting on alleged human violations, constitutes a violation of Thailand’s obligations under the International Covenant on Civil and Political Rights (ICCPR), to which it is a state party.
thailand-verdict-andy-hall-case-news-press-release-2016-eng (full text in PDF)
thailand-verdict-andy-hall-case-news-press-release-2016-tha (full text in Thai, PDF)
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
Sep 16, 2016 | Advocacy, Non-legal submissions
On 16 September 2016, the ICJ made a submission to the Universal Periodic Review of India.
The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:
- discrimination and violence based on sexual orientation and gender identity;
- death penalty;
- impunity and accountability;
- freedom of speech, expression and association;
- ratification and implementation of international human rights instruments.
india-icj-upr-submission-advocay-non-legal-submission-2016-eng (full text in PDF)
Sep 12, 2016 | News
The Thai junta’s Order today phasing out the prosecution of civilians in military courts is a welcome step but the military government must do much more to comply with its international human rights obligations, said the ICJ today.
Head of the National Council for Peace and Order (NCPO) Order 55/2016, dated 12 September 2016 and issued under Article 44 of the Interim Constitution, phases out the heavily criticized practice of prosecuting civilians before military courts for four categories of offences, including offences against internal security; violation of NCPO orders; possession and use of war weapons; and the highly punitive offence of lese majeste.
The Order only applies to offences committed from the date the Order comes into force – today – and not to past or pending cases.
Since the May 2014 coup, at least 1,811 civilians have been tried in Military Courts, based on information the Judge Advocate General’s Department (JAG) provided to Thai Lawyers For Human Rights (TLHR) in July 2016 and covering the period 22 May 2014 to 31 May 2016.
“Almost 2,000 civilians have faced an unjust process and unfair trials before military tribunals, many of whom were prosecuted simply for exercising their rights to freedom of expression and assembly,” said Sam Zarifi, Asia Director at the ICJ. “All pending cases should be transferred to civilian courts and the convictions of all civilians prosecuted in military courts since the 2014 coup should be set aside.”
Head of the NCPO Order 55/2016 also explicitly affirms that the deeply problematic Head of the NCPO Orders 3/2015 (which replaced nationwide Martial Law on 1 April 2015) and 13/2016 shall remain in force.
These Orders prohibit the gathering of more than five people for political purposes; allow for the detention of civilians in military facilities for up to seven days without charge; and provide appointed “Prevention and Suppression Officers” and their assistants, drawn from the commissioned ranks of the Armed Forces, including the paramilitary Ranger Volunteers, with wide-ranging powers to prevent and suppress 27 categories of crimes including against public peace, liberty and reputation, immigration, human trafficking, narcotics, and weapons. The ICJ considers that these orders are not in accordance with Thailand’s international human rights obligations
“Its now crucial for the military to return responsibility for law enforcement to civilian authorities, and ensure they are properly trained and competent,” Zarifi said. “We hope today’s Order is a step toward returning Thailand to the rule of law and respect for human rights.”
Background
Clause 3 of Head of the NCPO Order 55/2016 notes “As appropriate, the Prime Minister may propose to the National Council for Peace and Order to amend this Order.”
Previously, NCPO Announcements 37/2014, 38/2014 and 50/2014 extended the jurisdiction of Thailand’s military courts to four categories of offences, including offences against internal security, violation of NCPO orders, possession and use of war weapons, and lese majeste.
The prosecution of civilians in military courts is inconsistent with Article 14 of the International Covenant on Civil and Political Rights (ICCPR) – to which Thailand is a State Party – which affirms that everyone has the right to a “fair and public hearing by a competent, independent and impartial tribunal established by law.”
The Principles Governing the Administration of Justice through Military Tribunals sets out principles that apply to state use of military tribunals. Principle 5 states “Military courts should, in principle, have no jurisdiction to try civilians. In all circumstances, the State shall ensure that civilians accused of a criminal offence of any nature are tried by civilian courts.”
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
Download:
thailand-unofficial-translation-head-of-ncpo-order-55_2559-advocacy-2016-eng (full text of Order in English, PDF)
thailand-ncpo-order-55_2559-news-2016-tha (full text of news in Thai, PDF)
Read also:
Thailand: transfer all civilians to civilian courts
Thailand: end prosecution of civilians in military tribunals
Aug 31, 2016 | News
ASEAN meeting should highlight disappeared Lao leader Sombath Somphone, denial of liberties, said human rights and advocacy groups at a press conference held today in Bangkok.
On the eve of the annual ASEAN leaders summit in Vientiane, the groups (Human Right Watch, ASEAN Parliamentarians for Human Rights, Civil Rights Defenders, Focus on the Global South, Mekong Watch and the ICJ) called upon the Lao PDR Government to commit to address its widespread violations of human rights, including instances of enforced disappearances and arbitrary detention.
Visiting world leaders have a unique opportunity to publicly raise human rights concerns during the ASEAN summit in Vientiane from September 6-8. They should press the Lao government to cease the abuses that have consistently placed Laos at the bottom of rights and development indexes measuring rights, press freedom, democracy, religious freedom, and economic transparency, the groups added.
At the event organized by The Sombath Initiative at the Foreign Correspondents Club of Thailand in Bangkok, the groups also released a set of briefing papers on forcibly disappeared civil society leader Sombath Somphone (photo), Laos’ restrictions on democracy and human rights, lack freedom of expression, failure to meet human rights obligations, and impacts of foreign aid and investment.
“More than three and half years after he disappeared, the Lao government still has provided no clear answers to what happened to my husband, Sombath Somphone, who was taken away in truck at a police checkpoint in Vientiane,” said Shui Meng Ng, wife of Sombath and board member of The Sombath Initiative.
“President Obama, the United Nations, and ASEAN and its dialogue partners should urge the Lao Government to urgently resolve the case of Sombath’s enforced disappearance and return him safely to me and my family. They should also demand the Lao Government end enforced disappearances, so that the ordinary people of the country can respect their government rather than fear it.”
“The fact that the Lao PDR government’s last detailed report on the progress of the investigation was released over three years ago suggests the Lao authorities are not carrying out an effective investigation into this case as they are required to do under international law,” said Kingsley Abbott, a Senior International Legal Adviser with the International Commission of Jurists (ICJ).
“It is not enough for the Lao government to simply keep asserting on the international stage that it is investigating this case. International law obliges Lao PDR authorities to conduct an investigation that is credible and effective, and provide regular updates on its progress including to Sombath’s wife, Shui Meng,” he added.
Basic civil and political rights are systematically denied in Laos, and government authorities move quickly to arbitrarily arrest those expressing critical views of the government, either in day to day life or more recently on-line.
In March 2016, police arrested three Lao migrant workers who had posted critical comments about the Lao government while they were working in Thailand, and continues to detain them arbitrarily. A Lao court also sentenced activist Bounthanh Khammavong in September 2015 to 4 years and 9 months in prison for posting critical comments on Facebook.
Laos also imposes onerous restrictions on the right to freedom of association that are incompatible with its human rights obligations.
The government strictly controls the registrations of organizations such as non-profit associations (NPAs), and closely monitors the work plans and budgets of NPAs that it does approve to operate.
Any person who dares to organize and operate an unsanctioned organization faces arrest and prosecution.
Workers are compelled to belong to the Lao Federation of Trade Unions and organizing unions outside that framework is illegal. At the village level, mass organizations controlled by the ruling Lao People’s Revolutionary Party are often the only organizations operating.
Public protests or assemblies are strictly forbidden without government permission, and any efforts organize such events face immediate suppression by the police and security forces.
“Civil society in Laos remains under a hostile spotlight from the government, and UN rights officials have noted that there are few places in the world where they have encountered greater fear and intimidation among community organizations and NGOs,” said Walden Bello, former member of the Philippines Congress and Vice Chair of ASEAN Parliamentarians for Human Rights (APHR).
“Laos has now become one of the most rights repressing countries in ASEAN: leaders in the region and from around the world must stop looking the other way, and demand Vientiane end its asphyxiation of independent civil society,” he added.
Read the full text and quotes here: Laos-End to Human Rights Abuses-News-Press Releases-2016-ENG (in PDF)
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
