Thailand: Arbitrary detention of eight pro-democracy activists

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of eight pro-democracy activists, namely: Anon Nampa, prominent human rights lawyer; Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, Thammasat University student activists; Phromsorn Weerathamjaree, Ratsadon Mutelu member; Panupong Chadnok, Eastern Youth for Democracy member; Thatchapong Kaedam, Free Youth member; and Jatuphat Boonpattararaksa, Dao Din member. [1]

On August 9, 2021, police officers arrested Anon Nampa after he surrendered himself to the Pathumwan police station in Bangkok after learning that a warrant had been issued for his arrest. Mr. Anon was charged with violating Article 112 of the Criminal Code (“lèse-majesté”) and the Emergency Decree [2] for his participation in a peaceful protest on August 3, 2021, in Central Bangkok. During the protest, Mr. Anon made a speech in which he reiterated the pro-democracy movement’s call for the reform of the Thai monarchy.

On August 10, 2021, police denied Anon Nampa’s bail request arguing that he would present a high risk of re-offending, if released. After spending two nights in custody at the Pathumwan police station, on August 11, 2021, the Bangkok South Criminal Court approved the police’s request detention for Mr. Anon and denied him bail. The court argued Mr. Anon was accused of a serious offence, had breached previous bail conditions, and was likely to re-offend, if released. At the time of publication of this Urgent Appeal, Mr. Anon was being detained at Bangkok’s Central Special Treatment Centre, where he was undergoing COVID-19 testing and a 14-day quarantine. The Observatory recalls that it is not the first time that Mr. Anon faces charges under Article 112 and, if convicted in all the “lèse-majesté” cases pending against him, he could be sentenced to a total of 195 years in jail. Earlier this year, Mr. Anon was detained for 113 days on charges under Article 112. Similarly, Messrs. Parit and Panupong were detained for 92 and 85 days, respectively, on lèse-majesté charges. Mr. Parit was conditionally released on May 11, 2021, and Messrs. Anon and Panupong on June 1, 2021.

The Observatory notes with concern that between November 24, 2020 and August 9, 2021, 116 individuals, including Anon Nampa, Parit Chiwarak, Panupong Chadnok, and many other human rights defenders, were charged under Article 112 of the Thai Criminal Code (“lèse-majesté”).

On August 8, 2021, Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, and Phromsorn Weerathamjaree were arrested in front of the Police Headquarters in Bangkok in connection with their participation in a peaceful protest on August 2, 2021, in front of the Border Patrol Police Region 1 Headquarters in Pathumthani Province. Protesters had gathered to demand the release of 32 fellow activists who had been arrested and detained in connection with another protest at the Narcotics Suppression Bureau in Bangkok earlier the same day. Later on August 8, 2021, Messrs. Parit, Nutchanon, Sirichai, and Phromsorn were taken into custody to the Khlong 5 police station and then to the the Border Patrol Police Region 1 Headquarters in Pathumthani Province.

On August 9, 2021, Panupong Chadnok and Thatchapong Kaedam were arrested after they reported themselves at the Khlong 5 police station in Pathumthani Province in relation to the August 2, 2021 protest. All six pro-democracy activists were charged with violating Article 215 of the Criminal Code (“leading an illegal assembly of more than 10 people” ), the Emergency Decree, and the Communicable Diseases Act. Three other protesters who accompanied Messrs.Panupong and Thatchapong at the Khlong 5 police station were also arrested and detained.

On August 9, 2021, the Thanyaburi Provincial Court approved the temporary detention request for Parit Chiwarak, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Panupong Chadnok, and Thatchapong Kaeda and denied them bail on the grounds that they acted without considering the society’s safety, peace, and order during the COVID-19 pandemic and that they would likely commit the same offenses if released. The six activists were then taken to the Rangsit Temporary Prison in Pathumthani Province, where they remained detained at the time of publication of this Urgent Appeal for a quarantine period of 21 days after which they would be transferred to the Thanyaburi Prison.

On August 9, 2021, police arrested Jatuphat Boonpattararaksa after he surrendered himself at the Thung Song Hong police station in Bangkok. Mr. Jatuphat was charged with violating the Emergency Decree and Article 215 of the Criminal Code, in connection with a protest held in front of the Thung Song Hong police station on August 3, 2021. Mr. Jatuphat, who was detained at Bangkok’s Central Special Treatment Centre at the time of publication of this Urgent Appeal, had no access to a lawyer until the afternoon of August 10, 2021.

The Observatory condemns the arbitrary detention and judicial harassment of the eight above-mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities and the exercise of their rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release the eight human rights defenders and to put an end to the judicial harassment against them and all other human rights defenders in the country.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Guarantee in all circumstances the physical integrity and psychological well-being of all human rights defenders in Thailand, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

ii. Immediately and unconditionally release Anon Nampa, Parit Chiwarak, Panupong Chadnok,Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, and Jatuphat Boonpattararaksa since their detention is arbitrary as it seems to be merely aimed at punishing them for their human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Anon Nampa, Parit Chiwarak, Panupong Chadnok, Nutchanon Pairoj, Sirichai Natueng, Phromsorn Weerathamjaree, Thatchapong Kaedam, Jatuphat Boonpattararaksa, and all other human rights defenders and pro-democracy activists in the country;

iv. Guarantee, in all circumstances, the rights to freedom of expression and of peaceful assembly, as enshrined in international human right law, and particularly in Articles 19 and 21 of the International Covenant on Civil and Political Rights.

Addresses:

· Mr. Prayuth Chan-ocha, Prime Minister of Thailand, Email: [email protected]
· Mr. Don Pramudwinai, Minister of Foreign Affairs of Thailand, Email: [email protected]
· Mr. Somsak Thepsutin, Minister of Justice of Thailand, Email: [email protected]
· Gen Apirut Kongsompong, Commander in Chief of the Royal Thai Army, Email: [email protected]
· Pol Gen Chaktip Chaijinda, Commissioner-General of the Royal Thai Police, Email: [email protected]
· Mr. Prakairat Tanteerawong, National Human Rights Commissioner of Thailand, Email: [email protected]/ [email protected]
· H.E. Mr. Thani Thongphakdi, Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: [email protected]
· Embassy of Thailand in Brussels, Belgium, Email: [email protected]

Please also write to the diplomatic representations of Thailand in your respective countries.

***
Paris-Geneva, August 12, 2021

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:
· E-mail: [email protected]
· Tel FIDH: +33 (0) 1 43 55 25 18
· Tel OMCT: +41 (0) 22 809 49 39

Footnotes

[1] Ratsadon Mutelu, Eastern Youth for Democracy, and Free Youth are three of the pro-democracy groups that were formed amid the nationwide student-led demonstrations that began in Thailand in February 2020. Dao Din is a grassroots group formed in the mid-2000s in Thailand’s northeast to campaign against violations of economic and social rights. Since the May 2014, Dao Din members have played a key role in organising and participating in pro-democracy protests.

[2] The 2005 Emergency Decree on Public Administration in the State of Emergency (“Emergency Decree”) provides the legal basis for a series of restrictive measures aimed at controlling the spread of COVID-19. Article 9 of the Emergency Decree prohibits public assemblies and the dissemination of online information that is “false” or capable of instigating fear among the public. Under Article 18, violations of measures under the Emergency Decree carry penalties of up to two years’ imprisonment or a fine of up to 40,000 Baht (approximately 1,025 Euros).

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