On 14 June 2024, the International Commission of Jurists (ICJ) joined several human rights organizations in expressing concern over the arbitrary use of criminal proceedings and detention to target human rights defenders, activists and protesters solely for exercising their rights to freedom of expression and peaceful assembly. The human rights organizations addressed a joint letter to Thailand’s Minister of Justice setting out their concerns about these practices, which, in certain cases have led to wrongful convictions, coupled with harsh prison sentences, as well as the systematic denial of temporary release on bail.
In light of their concerns, the human rights organizations signatories of the letter made the following recommendations to the Thai authorities with a view to addressing the abuse of the judicial process and arbitrary detentions:
- Respect, protect and fulfil the rights of everyone, including of children and other young people, to freedom of expression, association and peaceful assembly;
- Conduct a thorough review of the bail process to align it with international human rights law and standards, ensuring that detention in connection with the legitimate exercise of human rights is arbitrary and unlawful, and pre-trial detention be the exception rather than the rule;
- Immediately and unconditionally release individuals from arbitrary detention, drop criminal investigations and prosecutions and quash convictions related solely to their exercise of their rights to freedom of expression and peaceful assembly;
- Repeal or amend laws used to stifle peaceful dissent, including by bringing the lèse-majesté (Article 112 of the Criminal Code) and sedition (Article 116 of the Criminal Code) provisions and the Computer Crimes Act in line with international human rights law and standards on freedom of expression, as recommended by the Human Rights Council’s Special Procedures and the UN Human Rights Committee; and
- Establish regular, structured dialogue with civil society organizations to address concerns referred to in their letter and involve them in relevant policy-making processes.
The human rights organizations also expressed concern about the death in custody of Netiporn ‘Bung’ Sanesangkhom, an activist who was among those denied bail and held in arbitrary detention, in the aftermath of two hunger strikes she had undertaken to protest her own detention and that of other activists.
In light of these additional concerns, the human rights organizations addressed the following recommendations to the Thai authorities :
- Conduct a prompt, effective, thorough, independent, impartial and transparent investigation into the circumstances and cause of Netiporn’s death, in line with international human rights law and standards, including in the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), to establish accountability and prevent future occurrences;
- Provide appropriate forms of remedy, including compensation and other forms of reparations, as warranted, in line with international law; and
- Ensure the right to health for all detainees, as a minimum as mandated by the Nelson Mandela Rules, including by providing prompt access to medical attention and necessary specialized treatment or surgery as needed
The full text of the letter is available in English and Thai.