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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