Urgent Action Needed to Protect the Rights of prisoners from Covid-19 Pandemic

Thailand Human Rights Campaign calls on the Thai authorities to take urgent action to safeguard the rights and health of all prisoners during the Covid-19 pandemic.

In April, it had been reported that over 100 prisoners and prison officers have been infected with Covid-19, including Chukiat “Justin” Saengwong, a detained protest leader from the Ratsadon, has contracted covid while in jail at Bangkok Remand Prison. He is one of the 20 detained protestors under lese majeste law whose right to bail are being repeatedly denied.

Lese majeste carries a penalty of three to 15 years imprisonment.

At least 87 protesters and activists have been charged under the lese majeste law in connection with the pro-democracy movement in 2020.

As the extreme overcrowding in Thailand’s prisons, convicted prisoners and persons on remand are among those most vulnerable to viral contagion as they are held in a high-risk environment and poor detention conditions in cramped cells.

The Guidance issued in March 2020 by the World Health Organization (WHO) urges governments to immediately consider the release of those at heightened risk of serious effects from COVID-19 in prisons.

We call on the Thai authorities to take urgent measures to protect the right to life and health of everyone deprived of their liberty. We further call for the authorities to respect and uphold the right to a fair trial and immediately release all those currently held in pre-trial detention, by following WHO recommendations and guidelines.

Joint Statement on Thailand’s use of Draconian Laws

Draconian laws have long been used in Thailand to subdue the rights of people and conduct human rights violations. Despite Thailand’s cycling between authoritarian regimes and democratic regimes since the end of absolute monarchy in 1932, these laws have been used throughout. Moreover, Thailand’s penal code is filled with draconian laws which particular regimes have successfully strengthened. The major draconian laws that have been used by the authorities in Thailand include Article 112 (Lese Majeste), Article 116 (Sedition), and the 2017 Computer Crimes Act. The latter of which had been bolstered by the military junta (NCPO) to crackdown more heavily on descent. It is imperative that the global community condemn these draconian laws and the heavy hand with which they have been applied. The use of these laws does not meet international standards and it is important for the international community to call on Thailand to adhere to its international obligations. 

Lese Majeste charges carry a sentence of between 3-15 years for every count. Sedition carries a sentence of up to 7 years. Thailand’s Computer Crimes Act provides the authorities sweeping powers to crackdown on people’s free expression. These laws work in concert to create an atmosphere of fear, where people have to self-censor and people are imprisoned or worse for the smallest shows of expression and dissent. They have in their long existence been used to put people away and have even forced Thai citizens. It is in this atmosphere that the political elite can act with impunity that led to too many instances of tragedy and has seen Thailand becoming one of the most unequal societies in the world. Moreover, these laws are used to hamper democratic transitions as the status quo has these tools to assert themselves.

Last year saw the significant escalation of youth-led protests around Thailand, which have now galvanized the nation with calls for a number of reforms. These include democratic, educational and monarchical reforms. With the escalation from protestors, the authorities have increased their usage of undemocratic and non-rights respecting means from suppressing the protestors. This includes the mobilization of riot police, the use of water cannons and tear gas, as well as protestor intimidation. Equally distressing is the increased use of judicial bullying and these draconian laws. The authorities’ escalation involved the mass arrest of protestors, a clear violation of so many individuals’ right to free expression and peaceful protest. Since we have seen the return of the use of the Lese Majeste after a pause for 2 years and many protest leaders being charged with various counts of these draconian laws. Those charged with Lese Majeste have now reached at least 58 people. The tragedy of the use of these laws is underscored by how pro-government counter-protestors have not received the same treatment. These laws are not applied impartially. At the root of these issues, unfair laws are being applied unfairly and this is damaging Thailand’s societally and economically. Moreover, these laws prohibit so many in Thailand from exercising their human rights and this needs to change. 

We condemn the Thai government’s continued use of draconian laws on its people. These laws are unjust and have been applied unjustly for far too long. The atmosphere of fear needs to seize and the Thai people must be able to live in a society where there are checks and balances and their rights are respected. We call on the global community to condemn Thailand’s use of these laws and to hold Thailand accountable for its human rights abuses. 

Signed

Thailand Human Rights Campaign UK

Stiftung Asienhaus - Germany

Universal Peace Federation Myanmar - Myanma (Burma)

Kanet Kongsaiya - Norway

Tang Lolo - Taiwan

Four activists imprisoned pending trial under lèse majesté law

Thailand Human Right Campaign UK is deeply concerned about the detention of human right lawyer Annon Nampa, former labor right Somyot Prueksakasemsuk, student activists Parit Chiwarak and pro-democracy activist Patiwat Saraiyaem. We urge the Thai authorities to immediately and unconditionally release the four and drop all charges against pro-democracy activists.

On 9 February2021, the Criminal Court denied bail for the four after they were indicted for violating the kingdom's royal defamation law - the first formal charges laid against the leaders of a movement calling for reforms to the monarchy. The four are currently detained in the Bangkok Remand on Lese Majeste and sedition charges, awaiting trial. The charges were brought by the police and the attorney general’s office for their speech during the rally at Bangkok’s Sanam Luang on September 19 2020. As a result, the four will likely be in jail until they are granted bail after the next application, or till the trial is completed which could take years.

Thailand had briefly stopped using the lese majeste law in 2018 but Prime Minister Prayuth Chan-ocha ordered authorities to invoke it again in November 2020 after protesters began openly criticising the monarchy.

Since then, at least 58 pro-democracy protesters have been charged under Lese Majeste Law to curtail criticism of the monarchy . Thailand’s lese majeste law is one of the harshest in the world and could face between three and 15 years in prison. Sedition carries a sentence of up to 7 years.

Thailand Human Right Campaign UK calls on the government of Thailand to release them and to end the use of draconian laws against pro-democracy activists.

Letter to UK Foreign Secretary on Current Human Rights Situation in Thailand, December 2020

Dear Dominic,

 As a signatory of the International Covenant on Civil and Political (ICCPR), Thailand is obligated to uphold the principles enshrined in the ICCPR. Those include the right to peaceful assembly under Article 21, the right to hold opinions without interference under Article 19, and the freedom of association under Article 22. The Thai government has failed to uphold these obligations. Hence, we ask that you stand with us in upholding the principles of free human beings with civil and political freedom, and the obligation to promote universal respect for human rights. We urge that you condemn the illegitimate force used against peaceful protestors in Thailand and call on the Thai authorities to heed the demand of protestors and respect human rights.

 

The crackdown on people’s civil and political rights continues in Thailand, as the government and connected authorities carry out their crackdown on human rights and protestors. Towards the end of November and the start of December, the authorities have escalated their efforts in attempting to subdue the on-going protests in Thailand. This has seen the increased use of protest suppression techniques, which are not in line with international standards, and the use of judicial means to tighten their control of free expression in Thailand. This is highlighted by Thailand Prime Minister – Gen. Prayut Chan O’Cha’s statement in which he expressed every law possible would be used to crackdown on protestors. In attempts to disperse the demonstrators in front of the parliamentary building, the use of tear-gas, high-pressured water cannons mixed with irritable chemicals, and rubber bullets were employed. The sentiment that these actions are beyond international standards has been echoed by various human rights experts and they continue to ring true. The two articles exercised the most by authorities have been Article 116 (Sedition) and Article 112 (Lese Majeste). Both laws have been used to suppress the people’s right to free expression and protest. As of the 16th December, the number of those accused of lese majeste has increased to at least 30. Many of those charged with these offences are prominent protest leaders who have done nothing more than exercise their rights to free speech and protest. However, it is clear that the Thai regime is willing to exercise the full weight of its unchecked power on its own people. The use of these draconian laws needs to stop. The authoritarian nature and acts of this regime has forced people out to protest and now they are being cracked down upon for exercising their human rights.

 

It is our consideration that the United Kingdom shares the same values of respect for democracy and human rights. Hence, the Thailand Human Rights Campaign UK would like to urge you to condemn the actions of Thai authorities, call for the release of political prisoners, to drop all charges against peaceful protesters and for the government to heed the demands of the people.

 

Sincerely,

Thailand Human Rights Campaign UK

You can download this letter here

Open Letter to UK Foreign Secretary on the Illegitimate Use of Force Against Peaceful Protestors in Thailand

As a signatory of the International Covenant on Civil and Political (ICCPR), Thailand is obligated to uphold the principles enshrined in the ICCPR. Those include the right to peaceful assembly under Article 21, the right to hold opinions without interference under Article 19, and the freedom of association under Article 22. The Thai government has failed to uphold these obligations. Hence, we ask that you stand with us in upholding the principles of free human beings with civil and political freedom and the obligation to promote universal respect for human rights. We urge that you condemn the illegitimate force used against peaceful protestors in Thailand and call on the Thai authorities to heed the demand of protestors and respect human rights. 

The Thai authorities have been carrying out a brutal crackdown on peaceful protestors in Thailand. The excessive force used by the Thai authorities has occurred prior to the 16th of October 2020, but that day saw a notable escalation, as seen by the deployment of water cannons, tear gas and threats to use rubber bullets against peaceful protestors. These actions undermine the right to protest and expression of Thai citizens signifying the deterioration of good governance in Thailand and a refusal to abide by Thailand’s human rights obligations. Thai authorities have continued to exercise undue force on Thai protestors, as seen on the 17th of November 2020. In attempts to disperse the demonstrators in front of the parliamentary building, the use of tear-gas, high-pressured water cannons mixed with irritable chemicals, and rubber bullets were employed. Pro-Monarchy counter-protestors contributed to this assault with rocks, wooden boards, flag poles, and firearms. Yet, only pro-reform protestors have been reprimanded for exercising their basic human rights. These actions have led to an escalation in demonstrations, tensions, and injuries towards various citizens. These include children, adults, elderly people, and medical staff. Moreover, not one pro-monarchy counter-protestor has been charged for crimes of battery, assault, and deadly use of firearms. Those protesting peacefully are doing so because the Thai government has failed them, inequalities are rife in Thailand, and the people demand a brighter future. Many of these protestors are young people in Thailand who want to live in a freer, more democratic, and rights-respecting society. Hence, they are speaking up against the tyranny of the military-controlled government in Thailand. It is our consideration that the United Kingdom shares the same values of respect for democracy and human rights. Hence, the Thailand Human Rights Campaign UK would like to urge you to condemn the actions of Thai authorities and call for them to heed the demands of protestors. 

Sincerely, 

Thailand Human Rights Campaign 

24 November 2020

You can download the letter here:

Ghent | The 12th Asia-Europe People Forum

We were so proud to be apart of the 12th Asia Europe People's Forum ( AEPF 12) in Ghent, Belgium during 29 September - 1 October 2018. The Asia-Europe People’s Forum, has been a strategic gathering of Asian and European civil society networks pursuing democratization and human rights, and social, economic and climate justice. The discussions and exchanges will result in an AEPF-Statement to be presented by AEPF-representatives at the beginning of the 2018 Asia-Europe Meeting (ASEM)-summit, scheduled to take place in Brussels on 18-19 October 2018.

We had a great discussion during open space workshop on " Unending repression, promised election and restoration of democracy in Thailand"  We also engaged the participants in our campaign on "Free and fair election in Thailand".  

This opportunity, we urged international community to put pressure on the Thai military government to lift the restrictions on civil and political rights so that upcoming national elections can be free and fair.

Thank you Asia Europe People's Forum (AEPF) and Stiftung Asienhaus for having us. A huge thank you to everyone who participated in the open space discussion.

Many thanks to  Praphakorn Wongratanawin for lovely pictures

Please:

• Attribute it to the Thailand Human Rights Campaign UK (or other organisations where specified)

• Do not use any materials on our website for commercial gain (you can’t make money by reproducing our website)

• Let us know how you use our content by emailing thaihrc@gmail.com

Thailand's military government must deliver the free and fair elections

Thailand Human Rights Campaign joined the 12th Asia Europe People's Forum (AEPF12) during 29 September - 1 October 2018 in Ghent, Belgium

Unending Repression
Thailand has been ruled by a military junta since May 2014 when the army toppled a democratically elected Pheu Thai government led by Yingluck Shinawatra, promising to make Thailand a rights- respecting democratic country and that is far from reality after over 4 years.

Civil rights suffering

The National Council for Peace and Order (NCPO)-the ruling military government body has resorted to a range of tactics aims at silencing anyone who criticise them or raise concern over political developments in the country.

The military junta under Prime Minister Gen. Prayut Chan-ocha has banned political activities and public assembly, enforced media censorship, arbitrarily arrested dissidents, and detained civilians in military facilities. Authorities have used less majesty (insulting monarchy), sedition and computer crime charge to suppress free speech.

It’s unjustified suppression of the key human rights to freedom of expression, association, and peaceful assembly. Activists, including human rights defenders, have been targets. The suppression as extended to human rights researchers for their works on rights violations, lawyers for defending their clients, journalists for reporting on sensitive topics, academics for expressing opinion on academic freedom, and politicians for criticizing the government.

The lesson to be learned

In April 2016, the government enacted the Referendum Act, a law governing the constitutional referendum which was held on 7 August 2016. Article 61 of the Act provides for up to ten years imprisonment and a fine for “ anyone to disseminate texts, pictured or sounds that are inconsistent with the truth or in a violent, aggressive, rude, inciting or treating manner aimed at preventing a voter from casting a ballot to vote in any direction or not vote”.

Suppression of the campaigns on the Constitutional Referendum in 2016

In the month before the ballot, all critics voices were aggressively suppressed, with public forum cancelled, independent monitoring initiatives shut down, and books, pamphlets, letters, and other campaigns material seized.

In all, more than 100 individuals were charged with criminal offences relating thief peaceful activities, while dozen of students activists were arrested and arbitrarily detained for protesting against military rule. Hundred remain under investigation or be hide bar.

These tell us that human rights violations almost invariably intensify in the lead-up to polling day.

The 2019 General Elections

People remain skeptical as the regime has repeatedly postponed long-promise elections. The two bills were approved on September 12th by King Maha Vajiralongkorn and officially published in the Royal Gazette. Under the constitution, the government must comply with the new laws within 150 days from its enactment, expected to be held in May 2019.

Voters must elect 500 members to the Lower House, but military will effectively appoint 250 members to the Upper House. Both vote to select the prime minister, so the military still has the advantage and Prayut could be prime minister again.

The new military-backed constitution constrains further elected government with an appointed senate, and commits government to follow the military’s 20-year development plan.

Delays still possible

With special legislative powers accorded under Act 44, Prayut was allowed to implement any laws or regulations he saw it fit to maintain peace and stability.

The ongoing silencing of dissent

More than 200 people who have protested for elections have been charged with sedition-like offences. The authorities have repeatedly harassed and persecuted people for their speech, writing and internet posting critical of government agencies and officials under the Computer Crime Act. They faces up to five years in prison and fines for spreading false information and damage national security, if they found guilty.

Under the restrictions, the opposition parties have been unable to campaign and the military have used them as a method to shut down criticism.

Your support is needed

We urge international community to put pressure on the Thailand's military government to end repression and  lift restrictions on civil and political rights,including the Head of the NCPO Order 3/2015, the Head of the NCPO Order 13/2016, and the 2015 Peaceful Assembly Act so that upcoming national elections can be free and fair.

Download the leaflet, please click here