THAILAND: Women’s rights defender on trial–your support is needed 

Dear friends,

The Asian Human Rights Commission has been informed by the Campaign for Popular Media Reform, Thailand and other rights defenders there about the ongoing criminal libel case against a prominent women’s rights defender. Ticha Na Nakorn was sued in 2003 by the then-police chief over allegations she made about sexual harassment by a senior police officer. She and her co-defendants were acquitted in a civil case during November 2005. Despite this, criminal charges have been held against Ticha and some of the other defendants. The hearings in the criminal case are going on this week. The AHRC urges concerned persons to attend the trial and also send letters of appeal and take other actions in support of Ticha.

In 2003, Ticha Na Nakorn, a leading women’s rights defender in Thailand who has received a national award for her work, made public allegations that a senior police officer had sexually harassed a female news reporter on more than one occasion. On 14 October 2003, the then-national police chief, Pol. Gen. Sant Sarutanont, sued Ticha and 16 other defendants–journalists and media professionals–over the allegations. Although the complaints were lodged separately, the Civil Court in Bangkok heard the cases together. On 30 November 2005 it acquitted all of the defendants. Pol. Gen. Sant has lodged an appeal.

However, despite the Civil Court deciding for the defendants, the public prosecutor has continued with criminal cases. There are some serious problems in the handling of these cases:

1. The complainant was the national police chief. He ordered his subordinates to investigate and lodge criminal charges against the accused. In effect, the complainant and investigator were the same. There was no independent process to assess the complaint.

2. The criminal cases were lodged as separate cases. Whereas the Civil Court heard the cases all together, in the criminal court the cases are being heard individually. The handling of each case is different. Witnesses and defendants are also being required to attend several trials and testify again and again, placing a heavy and unnecessary burden upon them.

3. Criminal prosecution has been subjective. For instance, the public prosecutor has not filed charges against a senior reporter from the Bangkok Post who was a party to the civil case; however, has continued with the action against Ticha and some others.

The trial of Ticha is going on this week. The AHRC urges all persons who are able to attend to please do so, especially on the days that defence witnesses will appear: details are given below. Please give strong support to Ticha and her witnesses. Please also write appeal letters to the attorney general, as further below. The AHRC also urges stronger media interest in this important case.

ADDITIONAL COMMENTS:

This is yet another case that illustrates how criminal defamation in Thailand is used by powerful and influential persons to harass and intimidate human rights defenders and proponents of free speech.

In March 2006, media reform campaigner Supinya Klangnarong was found not guilty in a case brought against her by the company founded by the prime minister (UP-046-2006), after a three-year legal battle.

Despite the frequency of rulings for the defendants in criminal libel cases in Thailand, it is very easy to lodge complaints. The accused must then appear at a police station, be fingerprinted and post bail, and so the law is commonly used as a method of harassment.

Sometimes, as in this case, senior police officers lodge defamation cases on behalf of, or together with, their subordinates. For instance, a prominent forensic scientist and senior bureaucrat have been sued by a police station chief for stating that a man apparently killed by his officers could not have committed suicide by shooting himself five times in vital organs as they have claimed (UP-038-2006; AS-065-2005).

The case also speaks to how public prosecution in Thailand is compliant with the wishes of the police. The prosecutor does not make any independent inquiries but merely responds to the files lodged by the police seeking prosecution. Anecdotal evidence suggests that in most cases the prosecutor will proceed with a case brought by the police, whether or not there is any evidence upon which to build an effective argument: see for instance the ongoing trial of the accused in the Tak Bai protest case: UP-126-2006.

The AHRC has for some years called for the criminal defamation law in Thailand to be scrapped altogether: see for instance, AS-038-2005; AS-032-2004.

These issues were discussed in depth in the April 2005 report, ‘Rule of law versus rule of lords in Thailand‘ (article 2, vol. 4, no. 2; www.article2.org).

SUGGESTED ACTION:

1. If you are in Bangkok, please attend the trial of Ticha as an observer. Any interested person or group can attend and lend their support. The details are as follows.

LOCATION: Bangkok South Criminal Court, Rachini Road, Pranakorn (near Sanam Luang), Bangkok

DEFENDANT: Ticha Na Nakorn, former coordinator of the Women & the Constitution Network
DEFENCE TEAM: Nakorn Chompuchart, Suttin Baromjet & Rassada Manrasda, of the Lawyers Council of Thailand

PLAINTIFF: Pachara Yutidhammadamrong, Attorney General
CO-PLAINTIFF: Pol. Gen. Sant Sarutanont, former national police chief

CHARGES: Defamation under sections 326, 328, 332 & 333 of the Penal Code
PENALTY: Maximum two years’ imprisonment and 200,000 Thai baht (USD 5000) fine

SCHEDULE OF HEARINGS:
Prosecution witnesses: 1, 4 – 8, 12 September 2006
Defence witnesses:

13 September 2006
9am: Ticha Na Nakorn, defendant
1pm: Khunying Amporn Meesuk, Commissioner, National Human Rights Commission of Thailand

14 September 2006
9am: Dr Wilasinee Pipitkul, of Faculty of Communication Arts, Chulalongkorn University
1pm: Dr Pussadee Tamtai, Coordinator, Women & the Constitution Network

15 September 2006
9am: Dr Kritaya Archavanitkul, of the Institute for Population & Social Research, Mahidol University
1pm: Wanlop Tangkananurak, former senator

FOR FURTHER DETAILS: Joy Janjira, mob: (66)1 423 6896

——————————————————-

2. Please write a letter to the Attorney General of Thailand to question why the case is being pursued through the criminal court. Please send copies to the other persons below.

To support this appeal, please click:

 

 

To support this case, please click here: SEND APPEAL LETTER