Dear friends,
The Asian Human Rights Commission (AHRC) has received information that ten activists were charged with trespassing and coercion in relation to peaceful protest that was held on 12 December 2007 in Thailand. The demonstration was organized to protest against the appointed National Legislative Assembly’s (NLA) attempts to push through legislation that would restrict fundamental rights and freedoms just before a general election that would bring in a democratic, representative legislature.
CASE DETAILS:
On 12 December 2007, a protest was held by a coalition of non-governmental organisations (NGOs) to voice their opposition to the NLA’s attempts to pass a series of bills affecting civil liberties in Thailand before the general election that was scheduled to be held on December 23. The NLA was an unelected, interim legislature in place since 2006, when the Council for National Security, a military junta, overthrew the Thai government led by Thaksin Shinawatra.
The coalition, led by Mr. Jon Ungphakorn, Chair of the NGO Coordinating Committee on Development (NGO-COD) attempted to stop the assembly from considering legislation that would fundamentally affect civil liberties, when a new legislature with a democratic mandate was about to be elected. Among the eight bills that the coalition objected to were the Internal Security Bill, that would entrench elements of the military regime and the Radio and Television Bill that would perpetuate the military’s and bureaucracy’s monopoly over these elements of the press. The hurried passing of these bills into the statute books would be a step away from the promised democratic changes and would place legislation on the statute books that was not carefully worded or scrutinized, which in turn could lead to more conflict further down the line.
The protestors formed a human chain around the Parliament Building in an attempt to stop members of the NLA from entering. However, members of the NLA were able to enter the building from a fourth, mostly unused entrance and to begin the session. Following this the protestors scaled the walls using ladders to enter the building, in order to end the session. The protestors came into contact with security forces within the building, however the protest remained peaceful and no one was injured. The protestors started a sit-in within the NLA building which led to an indefinite suspension of the session.
Despite the peaceful conclusion of the protest and acknowledgement by members of the NLA that the protestors’ demands were reasonable, the Police brought a series of charges against the protestors. The Police were acting on a complaint by the NLA Secretary-General, Suwimal Bhumsingharaj, which alleged that the protestors had used force against the police and parliament members while attempting to disrupt the NLA session.
The activists who were charged on December 25 at the Metropolitan Police Bureau are:
1. Mr. Mr. Jon Ungphakorn, Chair of the NGO-COD
2. Ms. Supinya Klangnarong, Media Reform Campaign
3. Ms. Saree Ongsomwang, Customer’s Network
4. Mr. Sawit Kaewwan, Confederation of State Enterprise Labour Union Leader
5. Mr. Amnart Phalamee, Confederation of State Enterprise Labour Union Leader
6 .Mr. Sirichai Mai-ngam, Labour Union of Electricity Generating Authority of Thailand
7. Mr. Pichit Chaimongkol, Campaign for Popular Democracy
8. Mr. Anirut Khaosanit, Council of People’s Organizations Network in Thailand
9. Mr. Pairoj Polphet, Union for Civil Liberty
10. Mr. Nasser Yeema, Friend Of People
They were charged with (1) Trespass by using force or joining with 2 or more persons to commit crimes (2) Illegal gathering and using force with more than 10 people for the purpose of intimidation and causing unrest in society (3) Failing to disperse when ordered to by the police (4) gathering with more than 5 persons to force others to act or not act against their will out of fear for their safety or their lives (5) detaining and obstructing others against their will and (6) using loud speakers without permission.
The accused reported to the police station on 22 January 2008 to hear the charges against them. They maintained that their actions were a legitimate means of expressing their constitutional rights to opinion and expression after the speaker of the house refused to meet with them to discuss their concerns.
They have been given a 15-day extension to submit more information to investigators.
ADDITIONAL COMMENTS:
The right to freedom of opinion and expression and the right to freedom of assembly are enshrined in section 45 and section 63 respectively of the 2007 Constitution of Thailand.
However, it is often the case that when protestors attempt to make their views known through peaceful protests they get the metaphorical “book thrown at them”. A similar bundle of offences have been used against protestors in the past. The cumulative penalty that can result from these charges may be up to as many as 26 years imprisonment. (See commentary Protest more serious than killing at UPI Asian Online)
The use of punitive charges in an attempt to stifle legitimate protests and concerns by citizens is an unacceptable and worrying trend in Thailand. Other ‘legal’ means of suppressing opinion have been employed by the state before, for example, when protestors demonstrating against the building of a gas pipeline project on the border with Malaysia were accused of violence against the police. In that case the court found that the protestors were expressing their genuine constitutional rights and we would hope that the Government has learnt from the precedent set by the court. (See AHRC-AS-224-2007)
SUGGESTED ACTION:
Please write to the following authorities below and ask them to withdraw the charges against the protestors. Please also demand that freedom of opinion and expression and freedom of assembly are guaranteed. The AHRC writes separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression calling for an immediate intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: Ten activists charged for protesting against attempt to undemocratic legislation
Name of victims charged:
1. Mr. Jon Ungphakorn, Chair of the NGO-COD
2. Ms. Supinya Klangnarong, Media Reform Campaign
3. Ms. Saree Ongsomwang, Customer’s Network
4. Mr. Sawit Kaewwan, Confederation of State Enterprise Labour Union Leader
5. Mr. Amnart Phalamee, Confederation of State Enterprise Labour Union Leader
6. Mr. Sirichai Mai-ngam, Labour Union of Electricity Generating Authority of Thailand
7. Mr. Pichit Chaimongkol, Campaign for Popular Democracy
8. Mr. Anirut Khaosanit, the Council of People’s Organizations Network in Thailand
9. Mr. Pairoj Polphet, Union for Civil Liberty
10. Mr. Nasser Yeema, Friend Of People
Charged with:
1. trespass by using force or joining with 2 or more persons to commit crimes, under the Section 362 and 365 (1) (2) of the Criminal Penal Code
2. illegal gathering and using force with more than 10 people for the purpose of intimidation and causing unrest in society, under the Section 215 of the Criminal Penal Code
3. failing to disperse when ordered to by the police, under the Section 216 of the Criminal Penal Code
4. gathering with more than 5 persons to force others to act or not act against their will out of fear for their safety or their lives, under the Section 309 paragraph 2 of the Criminal Penal Code
5. detaining and obstructing others against their will, under the Section 310 of the Criminal Penal Code
6. using loud speakers without permission, law on restricting loudspeaker advertising of 1950
Date of incident: 12 December 2007
Place of incident: Parliament Building, National Legislative Council Assembly
I am writing to voice my deep concern regarding the attempts to indirectly curb freedom of assembly and freedom of opinion and expression by the state.
According to the information I have received, a demonstration calling for the interim National Legislative Assembly (NLA) to suspend passing legislation that affects the civil liberties of the Thai people was held outside the Parliament Building of the National Legislative Assembly on 12 December 2007. Some of the protestors scaled the walls and staged a sit-in in order to force the members to suspend the proceedings of the Assembly and prevent the legislation being passed. The protest included representatives from various sections of civil society including the representatives from the Non-Government Organizations Coordinating Committee on Development (NGO-COD), the Confederation of State Enterprise Labour Unions, the Council of People’s Organizations Network in Thailand, the Four Regions Slum Network, the Confederation of Teachers’ Societies of Thailand, the Students Federation of Thailand (SFT) and other members of the public.
I have been informed that the protestors blocked three entrances but NLA members were able to access the Parliament Building through a fourth, normally unused gate. In order to continue their protest and prevent the NLA carrying out activities that should be undertaken by a democratically elected Legislature some of the protestors scaled the walls of the Parliament Building, to continue their protest inside. To my knowledge, the protest remained peaceful and there were no injuries when protestors met security forces within the building. This led to the peaceful suspension of the NLA session.
I am informed that on December 25 some of the lead protestors (mentioned above) were charged with (1) Trespass by using force or joining with 2 or more persons to commit crimes (2) Illegal gathering and using force with more than 10 people for the purpose of intimidation and causing unrest in society (3) Failing to disperse when ordered to by the police (4) gathering with more than 5 persons to force others to act or not act against their will out of fear for their safety or their lives (5) detaining and obstructing others against their will and (6) using loud speakers without permission.
I am aware that the right to freedom of opinion and expression is guaranteed under section 45 of the Thai Constitution. The right to peaceful assembly is also assured under section 63 of the Constitution. It is regrettable that given the guarantees in the Constitution protecting these rights the State has chosen to charge those expressing a legitimate concern and exercising their constitutional rights.
It appears that criminal charges are being used to suppress voices of protest in Thailand. I therefore ask you to drop all charges against those who have participated in the protest in order to adhere to the spirit and letter of the Constitution. I hope you understand, given the circumstances, that the peaceful protest was both a proportionate and legitimate expression of the protestors’ concerns regarding the actions of the NLA in preserving the civil liberties of the Thai people and their right to have decisions made on their behalf carried out by a democratic and representative legislature.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +662 282 8631/ 280 1589/ 629 8213
Tel: +662 280 1404/ 3000
E-mail: spokesman@thaigov.go.th
2. 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
Tel: +662 502 6776/ 8223
3. Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Fax: +662 226 4371/ 222 8866
Tel: +662 224-6320/ 6341
4. Pol. Gen. Seripisuth Themiyavet
Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
5. Mr. Chaikasem Nitisiri
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
6. 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
7. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Tel: +662 288 1496
Fax: +662 288 3009
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
