Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the Phu Khiao Provincial Court scheduling a plea hearing for two student activists who have been arrested in Chaiyaphum province, northeastern Thailand, for distributing anti-constitution flyers. According to Thai Lawyers for Human Rights (TLHR), on 15 August 2016, the Phu Khiao public prosecutor indicted the two activists. Their legal representative filed a petition with the Attorney General at the Phu Khiao Provincial Prosecutor s’ Office, requesting acquittal of the case, stating the activists were merely expressing their opinion, as provided for by law.
UPDATED INFORMATION:
On 29 September 2016, the Phu Khiao Provincial Court scheduled a plea hearing for two defendants, Mr. Jatupat Boonphatthararaksa, aka “Pai”, a student of Khon Kaen University and a member of the New Democracy Movement (NDM), and Mr. Wasin Prommanee, aka “Palm”, a student of Suranari University. Both were charged committing an offence against the Constitutional Referendum Act’s Section 61 (1) and Section 61 paragraph 2, and violating a duty to give fingerprints or footprints in criminal proceedings as ordered by police investigators. However, the two student activists pleaded to the court that they were not guilty because they had exercised their right to freedom of expression, outlined by Section 7 of the Constitutional Referendum Act B.E.2559 (2016).
During the plea hearing session, the defendants gave additional statements that they did not instigate trouble in order to cause disorder in the voting. Moreover, they attempted to present information related to the referendum process. The documents they distributed were based on a legal doctrine, and were not distorting facts, or having violent, aggressive, rude, inciting, or threatening characteristics aiming to induce eligible voters to refrain from voting or vote in a certain way or abstain from voting. The two defendants reaffirmed that they attempted to express and excise their right to freedom of expression, which was recognized by law. As a result, both of them were not guilty.
After the session had finished, the Phu Khiao Provincial Court scheduled for evidence examination session on 26 October 2016.
Then, the two defendants along with their legal representative from TLHR filed a petition with the Attorney General at the Phu Khiao Provincial Prosecutor s’ Office, requesting acquittal of the case.
The petition states that “We were accused as defendants in this case. However, we would like to reaffirm that we are not guilty. Our actions were legal and under the exercise of freedom under the law which recognized by International Covenant on Civil and Political Rights (ICCPR). Therefore, the prosecution does not serve public interest, and instead harms the government’s image in the international community on their human rights record, and disturbs harmony amongst the people.”
“Article 19 paragraph one of the ICCPR which Thailand obligated as State party states that ‘everyone shall have the right to hold opinions without interference’ and paragraph two states that ‘everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice’. In addition, we wish to point out that the State also acknowledged in Article 4 of 2014 Constitution of the Kingdom of Thailand (Interim), B.E.2557 (2014).”
The full version of the petition is available here.
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SUGGESTED ACTION:
Please write letters to the authorities below, asking them to immediately withdraw the case and end any ongoing investigation into the two student activists.
Please note that the Asian Human Rights Commission is writing a separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, seeking his urgent intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Student activists petition prosecutor to acquit case
Name of victim: 1. Mr. Jatupat Boonphatthararaksa and 2. Mr.Wasin Prommanee
Names of alleged perpetrators: Police Officers
Date of incident: 6 August 2016 to the present
Place of incident: Phu Khiao District, Chaiyaphum province, Thailand
I am writing to voice my deep concern regarding the continued judicial harassment of the two student activists in Thailand.
On 29 September 2016, the Phu Khiao Provincial Court scheduled a plea hearing for two defendants, Mr. Jatupat Boonphatthararaksa, aka “Pai”, a student of Khon Kaen University and a member of the New Democracy Movement (NDM), and Mr. Wasin Prommanee, aka “Palm”, a student of Suranari University. Both were charged committing an offence against the Constitutional Referendum Act’s Section 61 (1) and Section 61 paragraph 2, and violating a duty to give fingerprints or footprints in criminal proceedings as ordered by police investigators. However, the two student activists pleaded to the court that they were not guilty because they had exercised their right to freedom of expression, outlined by Section 7 of the Constitutional Referendum Act B.E.2559 (2016).
During the plea hearing session, the defendants gave additional statements that they did not instigate trouble in order to cause disorder in the voting. Moreover, they attempted to present information related to the referendum process. The documents they distributed were based on a legal doctrine, and were not distorting facts, or having violent, aggressive, rude, inciting, or threatening characteristics aiming to induce eligible voters to refrain from voting or vote in a certain way or abstain from voting. The two defendants reaffirmed that they attempted to express and excise their right to freedom of expression, which was recognized by law. As a result, both of them were not guilty.
After the session had finished, the Phu Khiao Provincial Court scheduled for evidence examination session on 26 October 2016.
I wish to point out that in this case, the two defendants along with their legal representative from TLHR also filed a petition with the Attorney General at the Phu Khiao Provincial Prosecutor’s Office, requesting acquittal of the case. They outlined that their actions were legal and under the exercise of freedom under national and international law.
I agree with them that the prosecution does not serve public interest, and instead harms the government’s image in the international community on their human rights record, and disturbs harmony amongst the people.
Therefore, I would like to urge the Thai Government and authorities, including the Attorney General’s Office, the Judge Advocate General, and the National Council for Peace and Order (NCPO) to immediately end all acts of judicial harassment against the two student activists.
Yours Sincerely,
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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: +662141 3800, +6621413900
E-mail: help@nhrc.or.th
5. Mr. Somchai Srisutthiyakorn
Member of The Office of the Election Commission of Thailand
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: +662141 8888
E-mail: dav@ect.go.th
6. Pol.Capt. Rangsan Eiamtaisong
The police investigator of the Phu Khiao District Police Station
Phu Khiao District, Chaiyaphum province 36110
THAILAND
Tel: +66 44 878 128
Fax: +66 44861 563
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
