URGENT APPEAL - THE OBSERVATORY
New information
THA 003 / 0815 / OBS 067.1
Judicial harassment
Thailand
August 25, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) has received new information and requests your urgent intervention in the following situation in Thailand.
New information :
The Observatory has been informed by reliable sources about the ongoing judicial harassment of Mr. Andy Hall, a migrant labour rights researcher.
According to the information received, on August 24, 2015, Bangkok South Criminal Court indicted Mr. Hall under Article 14(1) of the Computer Crimes Act and Article 328 of the Thai Criminal Code in a case filed by the Thai pineapple processing company Natural Fruit. The conviction carries a maximum penalty of seven years’ imprisonment. Following this decision, Mr. Hall is expected to be summoned to appear in court. He will then be detained while awaiting trial and will have an opportunity to seek release on bail.
The complaint stems from Mr. Hall’s contribution to a report published in 2013 by the Finnish NGO Finnwatch that alleged serious labour rights abuses at the Natural Fruit company’s factory in Prachuap Khiri Khan Province. Mr. Hall is facing other criminal and civil lawsuits following similar complaints by Natural Fruit. (see background information).
The Observatory firmly condemns the ongoing judicial harassment against Mr. Hall as it clearly aims at sanctioning his legitimate human rights activities.
The Observatory calls upon the Thai authorities to immediately and unconditionally drop all charges against him.
Background information :
Since February 2013, Natural Fruit has filed four criminal and civil lawsuits against Mr. Hall for defamation and computer crimes in relation to Mr. Hall’s contribution to a report by the Finnish NGO Finnwatch that alleged serious labour rights abuses at the company’s factory in Prachuap Khiri Khan Province. Published in 2013, the report, Cheap has a high price : Responsibility problems relating to international private label products and food production in Thailand, gathered worker interviews in order to document labour rights violations at the factory, including child labour, underpayment of wages, confiscation of migrant workers’ travel and work documents, and failure to provide legally mandated paid sick days, holidays and leave [1].
The criminal charges carry a maximum of seven years in prison and a fine of about 10.3 million Euroin damages. Phra Khanong Provincial Court dismissed the first criminal defamation case on October 29, 2014, due to Mr. Hall’s unlawful interrogation process under Section 120 of the Criminal Procedure Code [2]. However, the Attorney General Office subsequently appealed the court’s dismissal of the case and a decision on the appeal is expected for September 25, 2015.
Actions requested :
Please write to the Thai authorities asking them to :
i. Drop all charges against Mr. Andy Hall and put an end to all acts of judicial harassment against him and all human rights defenders in Thailand ;
ii. Guarantee in all circumstances the physical and psychological integrity of Mr. Andy Hall,as well as that of all human rights defenders in Thailand ;
iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular with its :
– Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” ;
– Article 6.c, which stipulates that everyone has the right [...] “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters” ;
– Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration” ;
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Thailand.
Addresses :
· Prime Minister, Gen Prayuth Chan-ocha, Government House, 1, Phitsanulok Road, Dusit, 10300, Bangkok, THAILAND ; Fax : +66 (0) 2282 5131
· Minister of Interior, Gen Anupong Paochinda, Asatang Road, Ratchabophit, 10200, Bangkok, THAILAND
· Minister of Foreign Affairs, Gen Tanasak Patimapragorn, Sri Ayutthaya Building, 443 Sri Ayutthaya Road, Phaya Thai, 10400, Bangkok, THAILAND ; Fax : +66 (0) 2 643-5320 ; Email:minister@mfa.go.th
· Minister of Justice, Gen Paiboon Khumchaya, 120, Chaeng Watthana Road, Laksi, 10210, Bangkok, THAILAND ; Fax : +66 (0) 2 953-0503
· Pol Gen Somyot Poompanmoung, Commissioner-General of the Royal Thai Police, 1st Building, 7th Floor, Rama I Road, Pathumwan, 10330, Bangkok, THAILAND ; Fax : +66 (0) 2 251 5956 / +66 (0) 2 251 8702
· Ms. Amara Pongsapich, Chairperson of the National Human Rights Commission of Thailand ; 120, Chaeng Watthana Road, Laksi, 10210, Bangkok, THAILAND ; Email : help@nhrc.or.th
· Permanent Mission of Thailand to the United Nations in Geneva, rue Gustave Moynier 5, 1202 Geneva, Switzerland, Tel : + 41 22 715 10 10 ; Fax : + 41 22 715 10 00 / 10 02 ; Email : mission.thailand@ties.itu.int
· Embassy of Thailand in Brussels, 2 Sq. du Val de la Cambre, 1050 Ixelles, Belgium, Tel : + 32 2 640 68 10 ; Fax : + 32 2 648 30 66 ; Email : thaibxl@pophost.eunet.be
Please also write to the diplomatic mission or embassy of Thailand in your respective country
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Paris-Geneva, August 25, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.