Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding judicial harassment against human rights lawyer Ms. Sirikan Charoensiri. The AHRC wishes to note that it has been seven months since she reported herself to the Prosecutor’s Office in Bangkok for a hearing on the prosecution order of her offence on concealing evidence and refusing to comply with an order of competent officers, under Sections 142 and 368 of the Criminal Code. The case has not yet concluded due to the public prosecutor needing more evidence from investigators, while Sirikan is also facing further charges in another case.
UPDATED INFORMATION: (Based on Thai Lawyers for Human Rights documentation)
On 29 September 2016, Ms. Sirikan Charoensiri, human rights lawyer and legal and documentation officer at Thai Lawyers for Human Rights (TLHR), reported to the Dusit District Prosecutor’s Office in Bangkok for a hearing on the prosecution order of her offence on concealing evidence and refusing to comply with an order of competent officers, under Sections 142 and 368 of the Criminal Code. The prosecutor has decided to reschedule the meeting due to ongoing investigation of witnesses and evidence, marking the third postponement of the prosecution hearing. Ms. Sirikan shall report to the public prosecutors at the Department of Summary Litigation 3 (Dusit) at 9:30 am on 3 November 2016.
The prosecutor stated that the case file has been sent to the police for further investigation after Ms. Sirikan had submitted a petition dated 12 May 2016, requesting for further witness investigation. The prosecutor has ordered the police to call two additional witnesses for investigation, out of five witnesses on a list provided by Sirikan. The witnesses include two members of the New Democracy Movement (NDM), Sirikan’s clients, Ms. Yaowalak Anuphan, the Head of TLHR, an inquiry officer who received her complaint of malfeasance, and Sirikan herself. The case file and witnesses’ statements were set to return to the Prosecutor’s Office on 31 August 2016; however, the police asked for a postponement of case file’s submission to the public prosecutor to 30 September 2016. Ms. Sirikan is then to report herself at 9.30 am on 3 November 2016 at the Dusit District Prosecutor’s Office in Bangkok.
It should be noted that this is the third postponement of the hearing of prosecution order. The first hearing was set on 12 May 2016. Then it was rescheduled on 27 July 2016. Later, the meeting was postponed to 29 September 2016.
Further, Ms. Sirikan 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, banning political gatherings of five persons or more. She was previously summoned to report to the Samranrat Police Station on 22 October 2016. She only became aware of the summons upon her return to Thailand from attending the UN Human Rights Council Session in Geneva on 26 September 2016. If indicted, she will be tried in a military court since the alleged action was committed in 2015, before the enactment of the Head of the NCPO Order no. 55/2016 which ceases civilians being tried in military courts for actions committed from 12 September 2016 onward.
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SUGGESTED ACTION:
Please write a letter to the following government authorities to urge them to drop the charges against Ms. Sirikan Charoensiri and to respect the independence of lawyers and ensure lawyers are able to conduct their professional function without fear of official reprisals.
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 Against Human Rights Lawyer Sirikan Charoensiri
Name of victim: Ms.Sirikan Charoensiri
Names of alleged perpetrators: the police lead by Pol. Maj. Gen. Chayapol Chatchaidej, commander of the Sixth Division of Metropolitan Police Bureau
Date of incident: 27 June 2015 to the Present
Place of incident: Bangkok, Thailand
I am writing to voice my deep concern regarding the ongoing judicial harassment against Ms. Sirikan Charoensiri. I recognize that it has been seven months since she reported herself to the Prosecutor’s Office in Bangkok for a hearing on the prosecution order of her offence on concealing evidence and refusing to comply with an order of competent officers, under Sections 142 and 368 of the Criminal Code. The case has not yet concluded due to the public prosecutor needing more evidence from investigators.
On 29 September 2016, Ms. Sirikan Charoensiri, human rights lawyer and legal and documentation officer at Thai Lawyers for Human Rights (TLHR), reported to the Dusit District Prosecutor’s Office in Bangkok for a hearing on the prosecution order of her offence on concealing evidence and refusing to comply with an order of competent officers, under Sections 142 and 368 of the Criminal Code. The prosecutor has decided to reschedule the meeting due to ongoing investigation of witnesses and evidence, marking the third postponement of the prosecution hearing. Ms. Sirikan shall report to the public prosecutors at the Department of Summary Litigation 3 (Dusit) at 9:30 am on 3 November 2016.
The prosecutor stated that the case file has been sent to the police for further investigation after Ms. Sirikan had submitted a petition dated 12 May 2016, requesting for further witness investigation. The prosecutor has ordered the police to call two additional witnesses for investigation, out of five witnesses on a list provided by Sirikan. The witnesses include two members of the New Democracy Movement (NDM), Sirikan’s clients, Ms. Yaowalak Anuphan, the Head of TLHR, an inquiry officer who received her complaint of malfeasance, and Sirikan herself. The case file and witnesses’ statements were set to return to the Prosecutor’s Office on 31 August 2016; however, the police asked for a postponement of case file’s submission to the public prosecutor to 30 September 2016. Ms. Sirikan is then to report herself at 9:30 am on 3 November 2016 at the Dusit District Prosecutor’s Office in Bangkok.
It should be noted that this is the third postponement of the hearing of prosecution order. The first hearing was set on 12 May 2016. Then it was rescheduled on 27 July 2016. Later, the meeting was postponed to 29 September 2016.
I would like to reaffirm that this case has created the perception that lawyers providing legal representation in so-called ‘political’ cases may face harassment from police and other State authorities. They undermine the ability of lawyers in Thailand to conduct their professional functions without fear of official reprisals.
I believe that if the prosecution decides to prosecute Ms.Sirikan, it will not serve public interest, and instead will harm the government image in the international community on their human rights record, and disturb harmony amongst the people.
Therefore, I would like to urge the Thai Government and authorities, including the Royal Thai Police, the Attorney General’s Office and the Judge Advocate General to immediately end all acts of judicial harassment against Ms.Sirikan Charoensiri.
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
Royal Thai Army Commander-in-Chief
Rachadamnoen Nok Road
Bang Khun Phrom
Bangkok 10200
THAILAND
Email: panadda_d@opm.go.th
2. Mr. Paiboon Khumchaya
Minister of Justice
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: +66 2 14 5100
Email: callcenter@moj.go.th
3. 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
4. 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: +66 2 142 1444
Fax: +66 2 143 9546
Email: ag@ago.go.th
5. Mr. What Tingsamitr
Chairman, 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
E-mail: help@nhrc.or.th
6. Mr. Phattarasak Vannasaeng
Secretary -General of Office of the Judiciary
Criminal Court Building, 12 Floor Ratchadaphisek Road
Chatuchak
Bangkok 10900
THAILAND
Tel:+662 5412307
Fax: 662 5412306
E-mail: phattarasak.v@coj.go.th
7. 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)
