Date
Type
25/02/2016
JUA
Case No
Country
Mandate(s)
THA 9/2015
Thailand
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Health; Human
rights defenders;
Independence of
judges and
lawyers;
Summary of the allegation transmitted
Reply
29/02/2016
Alleged charges, detention and/or convictions of 26 persons in relation to lèsemajesté offences, for having exercised their right to freedom of opinion and
expression. According to the information received, between May 2010 and August
2015, 26 persons were arrested, detained and/or convicted under article 112 of the
Thai Criminal Code (also known as the lèse-majesté law) and section 14 of the
Computer Crime Act. The 26 persons concerned are: Mr. Opas Chamsuksai, Mr.
Thiansutham Sutthijittaseranee, Mr. Hasadin Uraipaiwan, Mr. Wittaya Wongpoe,
Mr. Samak Pantae, Mr. Phongsak Sribunpeng, Ms. Sasiwimol Patomwongfangarm, Mr. Siraphob Kornaroot, Mr. Juesong Sae-kow, Mr. Nguenkhun
Udonkunakorn, Ms. Anchan Preelert, Mr. Prajakchai Chumkam, Ms. Jaruwan
Eiampong, Mr. Anon Masin, Mr. Chartchai Maneerat, Mr. Ekkachai
Hongkangwan, Mr. Yossawaris Chuklom, Mr. Prasit Chaisrisa, Mr. Patiwat
Saraiyaem, Ms. Porntip Munkhong, Mr. Udomsak Wattanaworachaiwathin, Mr.
Chaleaw Chankiat, Mr. Piya Jullakittipan, Mr. Tanapon Bumrungsuk, Mr. Jaran
Ditapichai, and Mr. Sombat Boonngam-anong. Fifteen of these persons were tried
by military courts, despite being civilians. The above-mentioned persons were
charged under article 112 of the Thai Criminal Code and section 14 of the
Computer Crime Act, inter alia, for expressing opinions either in private or public
spaces, including online. Concerns relate to the inconformity of the application of
these provisions with article 19 of the ICCPR, not meeting the strict tests of
necessity and proportionality. Concern is expressed at the “chilling effect” such
convictions may have on the enjoyment of the right to freedom of opinion and
expression in Thailand and at the continued restrictions on fundamental rights
particularly affecting political opponents in Thailand following the military coup of
22 May 2014. A previous related communication concerning allegations related to
charges against, detention and/or conviction of 21 persons under the lèse-majesté
law was sent on 8 December 2014, see A/HRC/29/50, case no. THA 13/2014.
A/HRC/32/53
85
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