Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding on-going judicial harassment of three human rights defenders who support and protect torture victims in Thailand. On 26 July 2016, Mr. Somchai Homlaor, Ms. Pornpen Khongkachonkiet and Ms. Anchana Heemmina, co-editors of a torture report, reported to the inquiry officer at the Muang Pattani Police Station, Pattani province. The Internal Security Operations Command Region 4 (ISOC4) filed a complaint against them, of criminal defamation and computer crimes. All three denied both charges, being released without bail.
UPDATED INFORMATION:
On 17 May 2016, according to the Cross Cultural Foundation (CrCF), the ISOC 4 reported the case to the inquiry officer at the Muang Pattani Police Station. It was alleged that three human rights defenders, Somchai Homlaor, Pornpen Khongkachonkiet an Anchana Heemmina, were accused of criminal defamation and violating the 2007 Computer Crimes Act.
They published and distributed a report on torture, of degrading and inhumane treatment in the Deep South, between 2014 and 2015. It was alleged that they inserted false information into the computer via the website https://voicefromthais.wordpress.com/. On 8 June 2016, a summons was issued for them. On 26 June 2016, when they were to turn themselves in, they requested a postponement to 26 July 2016.
The three defenders, at 14.00 hours on 26 July 2016, met the inquiry officer of the Muang Pattani Police Station, Lt. Col. Winyou Thiamrat, Deputy Superintendent (investigation). He informed Mr. Somchai Homlaor, 64 years, alleged offender no.1, Ms. Pornpen Khongkachonkiet, 45 years, alleged offender no.2 and Ms. Anchana Heemmina, 42 years, alleged offender no.3, about the facts and circumstances relating to the offense and charges made due to their work as co-editors of the torture report.
The Investigator stated, that on 11 May 2016, the ISOC4, headed by Lt. Col. SK Setthasit Kaewkoonmuang filed a case with the inquiry officer of the Muang Pattani Police Station. He requested an investigation of Mr. Somchai Homlaor and two others of the CrCF. They were being held accountable for two things: “committing a libelous act by publishing a document and an offense against the Computer Crimes Act B.E. 2550 (2007)”.
It appears that Mr. Somchai Homlaor of the CrCF and two others had published a report named “Torture and ill-treatment in The Deep South Documented in 2014-2015.” It is said to contain false information. They launched and distributed their report at the Islamic Study College, the Prince of Songkhla University on 10 February 2016. The information was then uploaded into a computer system via the website https://voicefromthais.wordpress.com/. It is alleged in the report, that officials under the direct command of the ISOC, have committed human rights violations against the people in the Southern Border Provinces. It is said to be an unfounded allegation. As a result, the reputation of the Internal Security Operations Command has been diminished, as they were exposed to hatred and scorn.
The ISOC, a legal entity under the 2008 Internal Security Act, has the power and duty to maintain national security. It authorized the ISOC4 to report the case to the inquiry officer at the Muang Pattani Police Station. They alleged that the Cross Cultural Foundation, the Duay Jai Group, and the Patani Human Rights Organization had committed an offence against the 2007 Computer Crimes Act. Mr. Somchai Homlaor, Ms. Pornpen Khongkachonkiet, and Ms. Anchana Heemmina were all part of the editorial team when the report was published.
This agency filed an additional complaint that Homlaor, Khongkachonkiet and Heemmina had committed “a libelous act by the publication of their document. They will be brought to face justice on both accounts according to the law.”
As a result, the inquiry officer informed the three human rights defenders, that as co-dependents, they had violated Section 328 of the Thai Criminal Code, criminal defamation, and the Computer Crimes Act B.E.2550 (2007), Section 14 (1).
They denied all charges and were released without bail.
For more information, please contact:
1. Mr. Abdulawae Puteh +6681 898 7408 Attorney for the three alleged offenders
2. Mr. Preeda Nakphew +6689 622 2474 the CrCF’s attorney
3. Ms. Nutthasiri Bergman +66 85 12 08077 the CrCF’s attorney
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SUGGESTED ACTION:
Please write letters to the authorities listed below, asking them to immediately stop the judicial harassment. Bring an end to the on-going investigations of Mr. Somchai Homlaor Ms. Pornpen Khongkachonkiet and Ms. Anchana Heemmina for their work in defending human rights.
Please note that, the Asian Human Rights Commission is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders, seeking his urgent intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Three Human Rights Defenders acknowledge charges due to publishing a Torture Report
Name of victims: 1. Mr. Somchai Homlaor 2. Ms. Pornpen Khongkachonkiet 3. Ms. Anchana Heemmina
Names of alleged perpetrators: 1. The Royal Thai Army 2. The Internal Security Operations Command Region 4 (ISOC 4)
Date of incident: 17 May 2016 to the present
Place of incident: Pattani province, Thailand
I am deeply disturbed to learn of the judicial harassment of three human rights defenders in Thailand. A legal complaint of criminal defamation and computer related crimes has been filed against Mr. Somchai Homlaor, Ms.Pornpen Khongkachonkiet, and Ms. Anchana Heemmina. It is alleged that they reported false information. They tarnished the image of the Royal Thai Army by documenting torture cases in southern Thailand and publishing the report, “Torture and ill-treatment in The Deep South Documented in 2014-2015”.
The on-going judicial harassment became clear when the inquiry officer officially lodged charges against the three co-editors on 26 July 2016. Lt. Col. SK Setthasit Kaewkoonmuang was charged by the ISOC4, to investigate Mr. Somchai Homlaor and two others of the CrCF. They were to be held accountable for: “committing a libelous act by publishing a document and an offense against the Computer Crimes Act B.E. 2550 (2007)”.
The ISOC4 found that, the CrCF through Mr. Somchai Homlaor and two others, had published the report “Torture and ill-treatment in The Deep South Documented in 2014-2015.” It supposedly contained false information. This report was launched and distributed at the Islamic Study College, the Prince of Songkhla University on 10 February 2016. In addition, the information was uploaded into a computer system via the website https://voicefromthais.wordpress.com/. It is alleged in the report that officials, under the direct command of the ISOC, had committed human rights violation against the people in the Southern Border Provinces. They said because the allegation is unfounded, the ISOC’s reputation has been tarnished, and they have been exposed to hatred and scorn.
As a result, the ISOC4, as the agrieved party, accused the three editors of criminal defamation and violation of the computer crimes act. Finally, the inquiry officer of the Muang Pattani Police Station officially informed them that: they, along with their organizations and the Patani Human Rights Organization, have committed an offense under Section 328 of the Thai Criminal Code, and Section 14 (1) of the Computer Crimes Act B.E.2550 (2007).
I wish to point out that torture and ill-treatment should not be practiced in accordance with the investigative process of the Thai justice system.
However, since the State has been enforcing the Security Law in the Deep South, the number of people who suffered because of torture and ill-treatment has increased. In addition, there has been more persons from the civil society working for the prevention and eradication of torture and assisting people to access justice. This includes the Cross Cultural Foundation, the Duay Jai Group, and the Patani Human Rights Organization. They should be lauded for their work in support of human rights, not persecuted.
Therefore, I would like to urge:
1. The Commander of the Royal Thai Army to immediately withdraw the complaint against Mr. Somchai Homlaor, Ms. Pornpen Khongkachonkiet and Ms. Anchana Heemmina and end their harassment because of their work in defending human rights;
2. The Prime Minister, urge the commander of the Royal Thai Army to withdraw the complaint against Mr. Somchai Homlaor Ms. Pornpen Khongkachonkiet and Ms. Anchana Heemmina. Take prompt action to protect victims of torture by protecting those defending their rights. Set up an independent investigation into complaints of torture perpetrated by state officials.
3. The Commissioner General of the Royal Thai Police and the Attorney General guarantee the physical and psychological integrity of the three human rights defenders and unconditionally drop all charges against them.
4. The Chair of the National Human Rights Commission urge The Royal Thai Army to take prompt action to protect victims, witnesses, and human rights defenders working on the issue of torture. Set up an independent committee to investigate complaints of torture perpetrated by state officials. Make systemic changes to end the use of torture by state security officials.
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. Lt. Gen. Wiwat Pathompak
Director of the Internal Security Operations Command Region 4 (ISOC 4)
Sirinthon Army Camp
Khoatum sub-district Yarang district
Pattani Province 94160
THAILAND
Tel: +667 326 2668 Email: isoc4hr@gmail.com
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: +662 142 1444
Fax: +662 143 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 Tel: +662 141 3800, +662 141 390
E-mail: help@nhrc.or.th
6. Pol. Lt. Col. Winyou Thiamrat
Deputy Superintendent (investigation)
The Muang Pattani Police Station
Muang Pattani, Pattani province
THAILAND
Tel: +667 334 8555
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
