Public Statement regarding the detention of individuals for wearing or having black T-shirts

At least two individuals have been taken into custody by the military officials as a result of their wearing or having black T-shirts with a red and white striped logo in possession. Both have been taken away from their residences in Prawase and Samut Prakan, respectively since 6 September 2018. As of now, Mrs. Wannapa (last name withheld), one of the two individuals, is still held in custody at the 11th Military Circle being denied access to legal counsel (for more information, please read ‘Military allowing two children of motorcycle taxi driver a visitation to their mom; She has been arrested for selling T-shirts and may face prosecution’)

 

With regard to the incidence, Thai Lawyers for Human Rights (TLHR) has this to say;

 

  1. A detention made without explaining the reasons for such deprivation of liberty, without judicial review, and without access to legal counsel can potentially put an individual’s rights and freedoms at risk. Such arrest and detention have been happening repeatedly and incessantly since after the 2014 coup. TLHR considers this arbitrary detention is a breach of the International Covenant on Civil and Political Rights (ICCPR)’s Article 9 which provides that everyone has the right to liberty and security of person and no one shall be subjected to arbitrary arrest or detention.

 

  1. In its Concluding Observations on the second periodic report of Thailand in March 2017, the UN Human Rights Committee states that “The State party (Thailand) should immediately release all victims of arbitrary detention and provide them with full reparation. It should also bring its legislation and practices into compliance with article 9 of the Covenant…” Nevertheless, the National Council for Peace and Order (NCPO) continues to invoke the Head of the NCPO Order no.3/2558 to hold individuals in custody.

 

Head of Thai Lawyers for Human Rights (TLHR), Yaowalak Anuphan says that “Unlawful detention has been aided and abetted by the military in Thailand. All these irregular incidences have been made regular, the act of which is unacceptable. The state is obliged to uphold people’s rights and freedoms. If the state finds any act culpable, they should proceed to act according to what is provided for in the Criminal Procedure Code. We demand the release of Mrs. Wannapa and other individuals who have been deprived of their liberty as a result of the above incidence immediately.”

 

With respect in people’s rights and freedoms

Thai Lawyers for Human Rights (TLHR)

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