Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding ongoing judicial harassment of Ms. Sirikan Charoensiri, human rights lawyer and legal and documentation officer at Thai Lawyers for Human Rights (TLHR). Ms. Sirikan is now facing accusations of sedition under Section 116 of the Thai Criminal Code, as well as violation of the Head of the NCPO Order no. 3/2015, on banning of political gatherings of five persons or more. She was summoned to report to the Samranrat Police Station on 27 September 2016. If indicted, she will be tried in Military Court.
CASE NARRATIVE: (Based on documentation by Thai Lawyers for Human Rights)
Ms. Sirikan Charoensiri (June), human rights lawyer and legal and documentation specialist at Thai Lawyers for Human Rights (TLHR), was summoned to report to the police at Bangkok’s Samranrat Municipality Police Station at 10 am on 27 September 2016.
The summons indicated the allegation of her being an accomplice to the offence of “making an appearance to public by words, writings or any other means which is not an act within the purpose of the Constitution”, according to Section 116, “sedition” like offence, of the Thai Criminal Code. It also alleges that she participated in an unlawful meeting or political gathering of five persons or more, in violation of the Order of the Head of the National Council for Peace and Order (NCPO) no. 3/2015, Section 12.
The summons fails to provide any implicit details or circumstance of the actions that allegedly violated the law. Given that the summons have been issued by the same police station that filed the case against fourteen student activists of the New Democracy Movement (NDM) for allegedly organizing anti-coup gatherings in Bangkok on 24-25 June 2015, it is likely that Ms. Sirikan is being accused for her presence to provide legal support to the students at their peaceful protest. That the accuser, military officer Lt. Col. Pongsarit Pawangkanan is the same in both cases, makes this all the more likely. The facts will become clearer once the police declare charges against Ms. Sirikan on the new reporting date.
On 24-25 June 2015, Ms. Sirikan and other TLHR lawyers and documentation officers were present to observe and monitor the activity of the fourteen students in Bangkok. All officers had clearly addressed themselves as TLHR staffs, and stated their purpose – that of being present to monitor the event – as there were reasonable concerns that the student activists might end up arrested and accused of violating the law.
The police later apprehended the students, on 26 June 2015, as anticipated, and accused Mr. Baramee Chaiyarat, a human rights defender from Thailand’s Assembly of the Poor and a member of Amnesty International Thailand Board, of sedition, the same accusation leveled upon Ms. Sirikan. In addition to Ms. Sirikan, the owner of the place where the fourteen student activists stayed at the time of their activities on 25-26 June 2015 received a summons, issued on 14 September 2016 for the same offences. As of September 2016, there are 17 people, including fourteen student activists, two human rights and social activists, and a human rights lawyer that are facing charges filed by military in relation to the June 24-25 peaceful protest.
The police summons for Ms. Sirikan was first issued on 14 September 2016. The summons ordered her to report for the charges on 20 September 2016. The summons was sent to her apartment while she was away. The second summons was issued on 20 September 2016; it ordered her to report to the police on 27 September 2016. However, Ms. Sirikan was out of the country to attend the 33rd regular session of the United Nations Human Rights Council in Geneva, Switzerland, from 17-25 September 2016. She was invited there by the Asian Forum for Human Rights and Development (FORUM-ASIA), and only returned to Thailand in the evening on 26 September 2016. On September 27, Ms. Sirikan submitted a letter to the police to postpone the reporting for charges until a new date is scheduled. The Samranrat Police Station is set to later issue another summons.
If indicted, Ms. Sirikan will face trial in Military Court, as the alleged offences were committed in 2015, prior to the enforcement of the Order of the Head of the NCPO no. 55/2016 on 12 September 2016, which discontinues the practice of prosecuting civilians in Military Court for crimes committed after that date. The Order does not apply to pending civilian cases or those involving actions before 12 September 2016. Ms. Sirikan can face imprisonment, up to seven years in prison, if she is found guilty.
ADDITIONAL INFORMATION:
Ms. Sirikan is now also facing prosecution for alleged offences related to refusing to comply with an order of competent officials, after she refused to let the officials search her car without warrant on 27 June 2015. The hearing of the prosecution order is scheduled for 9:30 am on 29 September 2016, at the Office of Prosecutor of Dusit District in Bangkok. She has also received a summons for alleged offences related to making a false report to the police. In that case, she had filed a complaint of malfeasance in office against police personnel that impounded her car following her refusal to consent to a warrantless search of her car for her clients’ belongings. (See AHRC-UAC-051-201)
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge them to drop the charges against Ms. Sirikan Charoensiri, to maintain respect for the independence of lawyers, and to ensure lawyers are able to conduct their professional functions without fear of official reprisal.
Please also be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Ongoing judicial harassment of human rights lawyer ‘Sirikan Charoensri’
Name of victim: Ms. Sirikan Charoensri
Names of alleged perpetrators: Police and military officers
Date of incident: 14 September 2016 to the present
Place of incident: Bangkok, Thailand
I am writing to voice my deep concern regarding the recent cases of intimidation and harassment against human rights lawyers in Thailand. “Ms. Sirikan Charoensiri”, human rights lawyer and legal and documentation specialist at Thai Lawyers for Human Rights (TLHR), is now facing accusations of violation of the sedition offence, under Section 116 of the Thai Criminal Code, as well as violation of the Head of the NCPO Order no. 3/2015, related to banning of political gatherings of five persons or more. She was summoned to report to the Samranrat Police Station on 27 September 2016. If indicted, she will be tried in Military Court.
According to the TLHR lawyer team, the summons indicate the allegation of her being an accomplice to the offence of “making an appearance to public by words, writings or any other means which is not an act within the purpose of the Constitution”, according to Section 116, “sedition” like offence, of the Thai Criminal Code. It also alleges that she participated in an unlawful meeting or political gathering of five persons or more, in violation of the Order of the Head of the National Council for Peace and Order (NCPO) no. 3/2015, Section 12.
The police summons for Ms. Sirikan was first issued on 14 September 2016. The summons ordered her to report for the charges on 20 September 2016. The summons was sent to her apartment while she was away. The second summons was issued on 20 September 2016; it ordered her to report to the police on 27 September 2016. However, Ms. Sirikan was out of the country to attend the 33rd regular session of the United Nations Human Rights Council in Geneva, Switzerland, from 17-25 September 2016. She was invited there by the Asian Forum for Human Rights and Development (FORUM-ASIA), and only returned to Thailand in the evening on 26 September 2016. On September 27, Ms. Sirikan submitted a letter to the police to postpone the reporting for charges until a new date is scheduled. The Samranrat Police Station is set to later issue another summons.
The outcome of Thailand’s second UPR were officially adopted during the 33rd session of the UN Human Rights Council, wherein Thailand has accepted 187 of the 249 recommendations from other UN member states. However, despite the Thailand government accepting 75% of the recommendations received, I wish to note that the judicial harassment of Ms. Sirikan by the Thailand government has shown that the government failed to make commitments to implement key recommendations. In particular, the end of arbitrary arrest and arbitrary detention and ensuring the right to fair trial under Article 9 and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party, have been ignored.
This is due to the fact that the summons issued by police failed to provide any implicit details or circumstances of Ms. Sirikan actions that allegedly violated the law.
Given that the summons were issued by the same police station that is handling the fourteen NDM students case, and the same military officer, it is likely that Ms. Sirikan has been accused for her presence to provide legal support for the students at their peaceful demonstration on 25 June 2015. I am afraid that the lack of efficient examination process and evidence collection in issuing the summons may lead to arbitrary arrest and arbitrary detention.
In addition, Principle 16 of the UN Basic Principles on the Role of Lawyers, states that: “Governments shall ensure that lawyers… are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”.
The Basic Principles have been applied in international jurisprudence, as an extension of the right to a fair trial in Article 14 of the ICCPR. The Basic Principles further recognize that lawyers “shall not be identified with their clients or their clients’ causes as a result of discharging their functions.” Indeed, I believe that lawyers, like Ms. Sirikan, must be able to act freely, diligently, and fearlessly, in accordance with the wishes of their clients.
Hence, I Call on:
1. The Thai Royal Police to guarantee, in all circumstances, the physical and psychological integrity of Ms. Sirikan Charoensiri;
2. The Thai Royal Police and the Office of Attorney General to immediately and unconditionally drop all charges against Ms. Sirikan Charoensiri, and put an end to all acts of judicial harassment against her;
3. Thai authorities and the Lawyer Council of Thailand to comply with the national and international law safeguarding the independence of lawyers and protecting them from unlawful interference in their professional activities.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. General Prayuth Chan-ocha
Prime Minister
Head of the National Council for Peace and Order
Rachadamnoen Nok Road
Bang Khun Phrom
Bangkok 10200
THAILAND
Tel: +662 283 4000
Fax: +662 282 5131
Email: panadda_d@opm.go.th
2. Pol. Gen. Chakthip Chaijinda
Commissioner General of the Royal Thai Police
Rama I Rd, Khwaeng Pathum Wan,
Khet Pathum Wan, Bangkok 10330
THAILAND
Tel: +662 2516 831
Fax: +662 2053 738
3. Pol.Sub.Lt. Pongniwat Yuthaphunboripahn
Deputy Attorney General.
The Office of the Attorney General
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December, B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 142 1444
Fax: +662 143 9546
Email: ag@ago.go.th
4. Mr. What Tingsamitr
Chairman of National Human Rights Commission
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December
B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 141 3800, +662 141 3900
E-mail: help@nhrc.or.th
5. Pol.Lt.Col Manit Thongkao
Investigator officer of Samranrat Municipality Police Station
No. 200 Bamrung Mueang Road
Samranrat, Pra Nakon
Bangkok 10200
THAILAND
Tel: + 662 223 2136
Fax: + 662 225 7430
E-mail: samranrat@police.go.th
6. Acting Sub.Lt. Tawan Ruyaporn
President, Lawyers Council of Thailand under the Royal Patronage
7/89 Buidling 10, Ratchadamnoen Klang Road, Bawornnivej Sub-District,
Phranakorn District,
Bangkok 10200
THAILAND
Tel: +66 2 629 1430
Fax: +66 2282-9908
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
