Thailand: Police summons issued against Mr. Baramee Chairat

04/08/2015
Urgent Appeal

The Observatory has been informed by reliable sources about a police summons issued against Mr. Baramee Chairat, a coordinator of Thailand’s Assembly of the Poor, a grassroots people’s movement that works for the protection and promotion of land rights.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH) has received new information and requests your urgent intervention in the following situation in Thailand.

New information:

According to the information received, on August 5, 2015 at 10.00 am, Mr. Baramee is due to report to the Samranrat police station in Bangkok in response to a summons issued against him on July 3 on charges of sedition under Article 116 of the Thai Criminal Code.

The summons does not provide any details regarding the alleged actions that caused the summons. The Observatory fears that authorities are targeting Mr. Baramee merely for observing a peaceful protest held by 14 student activists at Bangkok’s Democracy Monument on June 25, 2015 (see background information), and providing them with accommodation.

The Observatory expresses its deepest concern for the acts of judicial harassment against Mr. Baramee as well as against the 14 students activists, as they seem to only aim at sanctioning their legitimate human rights activities.

Accordingly, the Observatory calls on the Thai authorities to put an end to any kind of harassment against Mr. Baramee, refrain from threatening and harassing the 14 student activists, and repeal National Council for Peace and Order (NCPO) Order No. 3/2015, which fails to comply with Thailand’s international legal obligations.

Background information:

On May 22, 2015, Thai police arrested student activists Messrs. Chatupat Boonyapatraksa, Apiwat Suntararak, Payu Boonsopon, Panupong Srithananuwat, Suvicha Tipangkorn, Supachai Pukrongploy, Wasant Sadesit, who are also members of the Dao Din group, and Mr. Rangsiman Rome, Mr. Songtham Kaewpanphruek, Mr. Rattapol Supasophon, Mr. Apisit Sapnapaphan, Mr. Pakorn Areekul, Mr. Pornchai Yuanyee, and Ms. Chonticha Chaengreo, in connection with their participation in peaceful protests held in Khon Kaenand in Bangkok to mark the first anniversary of the military coup.

On May 23, 2015, the seven students from Khon Kaen University were released on bail with charges by the Khon Kaen policeof violating the Head of NCPO Order No. 3/2015.

The seven student activists from various universities in Bangkok, were also released without charges on the same date.

On June 24 and 25, 2015, the 14 student activists took part in peaceful rallies in Bangkok, calling for an end to military rule.

On June 26, 2015, police arrested the 14 student activists in execution of an arrest warrant issued by the Bangkok Military Court related to the June 25 rally . They were charged with violating NCPO Order No. 3/2015 and Article 116 of the Thai Criminal Code (sedition).

At 0.30 am on June 27, 2015, the Bangkok Military Court granted the remand in custody of the 14 student activists for 12 days. The 13 men were detained at the Bangkok Remand Prison and Ms. Chonticha Chaengreo was held at the Central Women’s Correctional Institution.

On July 7, 2015, the Bangkok Military Court rejected a police request for a 12-day extension of the pre-trial detention of the 14 student activists. The student activists were released without any conditions on the morning of July 8, 2015.

However, the charges of violating NCPO Order No. 3/2015, which bans gatherings of more than five people, and Article 116 of the Thai Criminal Code (sedition) have not been dropped. If found guilty of sedition, the student activists could face up to seven years in prison. In addition, they face up to six months in prison and a fine of up to 10,000 baht (EUR 282) if found guilty of violating NCPO Order No. 3/2015.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Put an end to any kind of harassment - including at the judicial level - against Mr. Baramee, the 14 student activists, and all human rights defenders in Thailand;

ii. Guarantee in all circumstances the physical and psychological integrity of Mr. Baramee, of the 14 student activists, and all human rights defenders in Thailand;

iii. Repeal NCPO Order No. 3/2015 banning gatherings of more than five people;

iv. Guarantee that exercise of freedom of expression and assembly are not prosecuted under Section 116 of the Thai Criminal Code;

v. Put an end to the prosecution of civilians in military courts in accordance with international human rights law that prohibits governments from using military courts to try civilians when civilian courts are functioning;

vi. 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, especially 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”, and 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”;

vii. 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; E-mail: 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; E-mail: 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 4, 2015

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

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