Dear friends,
The Asian Human Rights Commission (AHRC) has received information that anti-coup activist Sombat Boon-ngam-anong is detained with pending charges of criminal defamation after he expressed opinions against the coup leaders. The AHRC calls for your immediate action to urge the case to be withdrawn.
CASE DETAILS:
Sombat is the leader of the Citizens against the Coup Group organised after the September military takeover last year. He organised a mock dart game with General Saprang Kalayanamitr and General Sonthi Boonyaratglin as targets in an anti-coup demonstration from 24 June to 3 July in Sanam Luang, a public area in Central Bangkok. Two criminal libel cases were then filed against him by the two generals, who claimed that Sombat’s action was an insult to their honour and dignity.
Sombat was informed by Chanasongkram Police that an arrest warrant was issued against him on 31 August. He went to the police station on the same day and is now detained in Special Bangkok Prison, Klongprem, Ladyao after the Criminal Court granted a 12-day detention order. Sombat did not apply for bail, as he believes that there are no rights and freedom for him in Thailand even outside the prison.
ADDITIONAL INFORMATION:
Criminal defamation is punished under section 328 of the Penal Code and the offence is punishable for a fine up to 200,000 Thai Baht (approx. 6,000 USD) and two years’ imprisonment. It contravenes with the freedom of expression which is protected under the 2007 Constitution and the International Covenant of Civil and Political Rights (ICCPR) which Thailand is a state party. The AHRC has for some years called for the criminal defamation law in Thailand to be scrapped altogether: see for instance, AS-038-2005; AS-032-2004.
Criminal defamation has been abolished in many countries, however, it not only exists in Thailand but is also repeatedly abused by Thai leaders to suppress dissidents. For example, women’s rights defender Ticha Na Nakorn was sued for criminal defamation in 2003, after she alleged a senior police officer had sexually harassed a female news reporter (UA-302-2006).
In 2004, media reform campaigner Supinya Klangnarong was charged with criminal and civil libels after a report in the Thai Post exposing how the former Prime Minister Thaksin Shinawatra manipulated the political system to profit his own telecommunication company Shin Corp (UA-73-2004).
In the other case, police officers filed defamation charges against forensic expert Dr. Porntip Rojanasun after she commented on an extrajudicial killing case on TV (UA-107-2005).
Although the above cases were either dropped or ruled in favour of the defendants, the defendants had to face the long and exhausting court proceedings which already amounted to harassment. Criminal defamation cases are not only filed against public figures or activists, in another case, the family of a torture victim was sued for libel by the alleged perpetrators after they were interviewed by a newspaper.
SUGGESTED ACTION:
Please write to General Saprang Kalayanamitr and General Sonthi Boonyaratglin, and urge them to withdraw the criminal defamation case against Sombat from the police.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: Criminal libel cases against activist Sombat should be dropped
Details of human rights defender: Mr. Sombat Boon-ngam-anong, leader of Citizens against the Coup Group
Complainants: General Saprang Kalayanamitr and General Sonthi Boonyaratglin
Place of detention: Special Bangkok Prison, Klongprem, Ladyao
Charges: Criminal defamation under section 328 of Penal Code
I am writing to urge you to drop the criminal libel cases against Sombat Boon-ngam-anong, leader of Citizen against the Coup Group. The lawsuit is against his freedom of expression, which is protected by the constitution and international law.
I learned that Sombat is has been detained because he organized a mock dart game with you and other coup leaders as targets in an anti-coup demonstration from 24 June to 3 July in Sanam Luang, Central Bangkok. Two criminal libel cases were then filed against him as you feel that his action amounted to an insult to your honour and dignity. He is now detained in Special Bangkok Prison, Klongprem, Ladyao after the Criminal Court granted a 12-day detention order.
Although you might not agree with Sombat’s opinion or action, a democratic state is founded on an open government in which all officials, including military personnel, subjected to public criticism. Therefore, freedom of expression is protected under article 45 of the 2007 Constitution and article 19 of the International Covenant of Civil and Political Rights (ICCPR) to which Thailand is a state party. Sombat was merely exercising his freedom of expression and fulfilling his duty as a citizen to monitor and criticise the government. I am deeply regret that his freedom of expression is infringed by means of legal action.
I am aware that criminal defamation has been used to suppress dissent in Thailand. For example, women’s rights defender Ticha Na Nakorn was sued for criminal defamation in 2003, after she alleged a senior police officer sexually harassed a female news reporter. In 2004, media reform campaigner Supinya Klangnarong was charged with criminal and civil libel after a report in the Thai Post exposing how the former Prime Minister Thaksin Shinawatra manipulated the political system to profit his own telecommunication company Shin Corp. Although in both cases the defendants were acquitted in court, they had to face the long and tiring court proceedings, which already amounted to harassment. The offence has been abolished in many countries, but I am disappointed that in Thailand it has been abused as a tool for suppression.
Therefore, I urge you to drop the case and allow Sombat to go free as soon as possible. As a member of the military, I hope you understand that fair comment on officials is crucial for the government and the society.
I look forward to your prompt action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. General Sonthi Boonyaratglin
Commander-in-Chief
c/o Royal Thai Army HQ
Ratchadamnoen Nok Road
Bangkok 10200
THAILAND
Tel: +662 280 2432-5
Fax: +662 280 2436
2. General Saprang Kalayanamitr
Deputy Commander in Chief
c/o Royal Thai Army HQ
Ratchadamnoen Nok Road
Bangkok 10200
THAILAND
Tel: +662 280 2432-5
Fax: +662 280 2436
AND PLEASE SEND THE COPIES TO:
1. Mr. Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th
2. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 219 2980
Fax: +662 219 2940
E-mail: commission@nhrc.or.th
3. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
4. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
