THA 001 / 0208 / OBS 013
Judicial proceedings
Thailand
February 1, 2008
The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), expresses its deepest
concern regarding the following situation in Thailand.
Brief description of the situation:
The Observatory has been informed by Union for Civil Liberty (UCL) about
the judicial proceedings against ten human rights defenders [1] following their participation in a
peaceful protest on December 12, 2007.
According to the information received, on January 22, 2008, Mr. Jon
Ungphakorn, Chairperson of the NGO Coordinating Committee on
Development (NGO-COD), Mr. Pairoj Polpetch, UCL Secretary General,
Mr. Sirichai Mai-ngarm, member of the Labour Union of Electricity
Generating Authority of Thailand, Mr. Sawit Kaewwan, leader of the
Confederation of State Enterprise Labour Union, Ms. Supinya
Klang-narong, Secretary General of the Media Reform Campaign, Ms.
Saree Ongsomwang, member of the Customer’s Network, Mr. Amnat
Palamee, leader of the Confederation of State Enterprise Labour Union,
Mr. Nutzer Yeehama, a member of the NGO Friend of People, Mr. Anirut
Chaosanit, member of the Council of People’s Organizations Network in
Thailand, and Mr. Pichit Chaimongkol, member of the Campaign for
Popular Democracy, were summoned to the Metropolitan Police Bureau,
where they were questioned during more than four hours.
They were then formally charged with “trespass by using force or joining
with more than two persons associating together to intrude forcefully or
to cause harm” (under Section 362 and 365 (1) (2) of the Criminal Code);
“illegal gathering and using force with ten or more persons to cause
damage or to give rise to public disorder” (Section 215); “failing to
disperse when ordered to by the police” (Section 216); “collaborating
with five or more persons to incite others to violence in one form or
another to threaten the lives and safety of others” (Section 309
paragraph 2); “collaborating to detain or restrict other persons”
(Section 310); “using loud speakers without permission” (Law on
restricting loudspeaker advertising of 1950).
The ten defenders, who face sentences of long imprisonment, requested
for a 15 day period to respond to the charges and submit more
information to investigators, which was granted, as was their request
for bail. As the defense is being prepared, it might take two months for
the case to come before the courts.
These charges are linked with the participation of these 10 men in a
major demonstration that was organised by a coalition of
non-governmental organisations on December 12, 2007 (See background
information), in front of the Parliament House, in Bangkok, in order to
protest against the attempts of the National Legislative Assembly
(NLA) [The NLA was put in place in 2006
when the military junta overthrew the Thai government led by Thaksin
Shinawatra.]] to pass a total of eight bills
affecting civil liberties in Thailand that were being rushed through the
acquiescent parliament of General Sarayud Chulanont in the final days
before the general election of December 23, 2007.
While other bills were related to the privatisation of the universities,
water resources, and state companies, the major concern of the
protestors was the draft Internal Security Bill that was being forced
through in the last days of the military parliament, and seen by the
protestors as an attempt to perpetuate military rule in Thailand [2].
Further protests were held on December 19, 20 and 21, 2007. On December
21, protestors were informed at 6.00 pm that discussion of the bill had
ended for the day and would be resumed on the next day. As the
protestors dispersed, the discussion was subsequently hastily resumed,
and by 7.00 pm the Internal Security Law was passed by parliament with a
majority of 105 in favour and eight against.
On December 25, 2007, despite the peaceful conclusion of the December 12
protest, the police brought a series of charges against the main leaders
of the protests, acting on a complaint lodged by the NLA
Secretary-General, Mr. Suwimal Bhumsingharaj, which alleged that the
protestors had resorted to force against the police and parliament
members while attempting to disrupt the NLA session. An order was then
issued, requesting Mr. Jon Ungphakorn, Mr. Pairoj Polpetch, Mr. Sirichai
Mai-ngarm, Mr. Sawit Kaewwan, Ms. Supinya Klang-narong, Ms. Saree
Ongsomwang, Mr. Amnat Palamee, Mr. Nutzer Yeehama, Mr. Anirut Chaosanit
and Mr. Pichit Chaimongkol to report to the Metropolitan Police Bureau
on January 22, 2008, in order to be notified charges relating to the
incidents of December 12, 2007.
Background information
By 9.00 am, on December 12, 2007, protestors numbered up to one thousand
persons and the protest crossed the road to the gates of Parliament
House. Security guards closed the three entry gates; protesters then
placed chains and padlocks on the gates as a symbol of the illegality of
the proceedings within. However, a small side gate remained open
allowing exit from the building and it appeared that the parliamentary
discussion of the Bill was proceeding. At noon, protestors made a cloth
ladder that made it possible for them to scale the tall railing around
the building. Young protestors were able to enter through a gap between
the railing and a supporting wall. By 1.00 pm, about one hundred
protestors advanced to enter the government building. Security officials
formed a wall with linked arms to prevent entry but under the pressure
of the protestors a number were able to enter the vestibule of the
building.
Messrs. Jon Ungphakorn and Pairoj Polpetch were then able to enter
through a gap in the line of officials. Apart from the pressure of
pushing there was no exchange of blows, nor any injury. Once inside, the
protesters sat and discussed the situation among themselves. They were
approached by the head of the metropolitan police who discussed their
demands with them. They also met and discussed with two members of
parliament. They demanded that the parliamentary discussion of the Bill
be suspended and the that the suspension be announced to the media. The
demand was accepted by the Speaker of the House and after the
announcement to the media the protestors left and the outside protestors
dispersed.
Actions requested:
Please write to the authorities of Thailand asking them to:
i. Guarantee in all circumstances the physical and
psychological integrity of Ms. Supinya Klang-narong, Ms. Saree
Ongsomwang, as well as Messrs. Jon Ungphakorn, Pairoj Polpetch, Sirichai
Mai-ngarm, Sawit Kaewwan, Amnat Palamee, Nutzer Yeehama, Anirut
Chaosanit and Pichit Chaimongkol;
ii. Put an end to all acts of harassment, including at
the judicial level, against them as well as against all human rights
defenders in Thailand;
iii. Conform with the provisions of the UN Declaration
on Human Rights Defenders, adopted by the General Assembly of the United
Nations on December 9, 1998, especially its Article 1, which states that
“everyone has the right, individually and in association with others, to
promote and to strive for the protection and realisation of human rights
and fundamental freedoms at the national and international levels”, and
Article 12.2, which provides that “the State shall take all necessary
measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any
violence, threats, retaliation, /de facto/ or /de jure/ adverse
discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the
present Declaration”;
iv. Ensure in all circumstances respect for human rights
and fundamental freedoms in accordance with international human rights
standards and international instruments ratified by the Democratic
Socialist Republic of Thailand.
Addresses:
– Mr. Samak Sundaravej, c/o Government House, Pitsanulok Road,
Dusit District, Bangkok, 10300, THAILAND. Fax: +662 282 8631/ 280 1589/
629 8213. Email: spokesman thaigov.go.th
– Minister of Justice, Office of the Ministry of Justice,
Ministry of Justice Building, 22nd Floor Software Park Building, Chaeng
Wattana Road, Pakkred, Nonthaburi, Bangkok 11120, THAILAND. Fax: +662
502 6699/ 6734 / 6884
– Minister of Interior, Office of the Ministry of Interior,
Atsadang Road, Bangkok 10200, THAILAND. Fax: +662 226 4371/ 222 8866
– Pol. Gen. Seripisuth Themiyavet, Commissioner-General, Royal
Thai Police, 1^st Bldg, 7^th Floor, Rama I, Patumwan, Bkk 10330,
THAILAND. Fax: +66 2 251 5956/ 205 3738/ 255 1975-8. E-mail:
feedback police.go.th
– Mr. Chaikasem Nitisiri, Attorney General, Office of the
Attorney General, Lukmuang Building, Nahuppei Road, Prabraromrachawang,
Pranakorn,, Bangkok 10200, THAILAND. Fax: +662 224 0162/ 1448/ 221 0858.
E-mail: ag ago.go.th or oag ago.go.th
– Prof. Saneh Chamarik, Chairperson, National Human Rights
Commission of Thailand, 422 Phya Thai Road, Pathum Wan District, Bangkok
10300, THAILAND. Fax: +662 219 2940. E-mail: commission nhrc.or.th
– Permanent Mission of Thailand to the United Nations in Geneva,
rue Gustave Moynier 5, 1202 Geneva, Switzerland, Tel: + 41 22 715 10 10;
Fax: + 41 22 715 10 00 / 10 02; Email: mission.thailand ties.itu.int
– Embassy of Thailand in Brussels, 2 Sq. du Val de la Cambre,
1050 Ixelles, Belgium, Tel : + 32 2 640.68.10; Fax : + 32 2 .648.30.66.
Email : thaibxl pophost.eunet.be
Please also write to the diplomatic mission or embassy of Thailand in
your respective country
Geneva - Paris, February 1, 2008
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection
of Human Rights Defenders and aims to offer them concrete support in
their time of need. The Observatory was the winner of the 1998 Human
Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29