A/HRC/41/43/Add.3 22. Thailand finds that the case of the dam collapse at the Xe Pian Xe Namnoy hydropower project is irrelevant and an isolated incident and should not be included in the Report of the Working Group. 23. The case mentioned in para. 31 of the Report of the Working Group is still under investigation, so the facts related to the case should be fairly referenced. Any and all prejudicial statements should also be avoided as the case is now sub judice. Human rights defenders and civic space (Paras. 32-47) 24. Thailand continues to attach importance to the promotion and protection of the rights of human rights defenders and freedom of expression. Recent amendments of the Criminal Procedure Code to include Sections 161/1 and 165/2 provide the courts with an overarching tool to protect the right to freedom of expression against Strategic Litigation against Public Participation (SLAPP) and to reinforce a safe and enabling environment for human rights defenders to conduct their work. 25. Thailand is particularly concerned about the Working Group’s mislabeling of cases involving Mr. Andy Hall, workers and NGOs and two Thai companies, namely, Natural Fruit and Thammakaset, as SLAPP cases. Thailand is also concerned about the unjust depiction/disapproval/deploration of the Working Group on the courts’ sanctions of Mr. Hall as well as the misrepresentation of the factual background of these highly complex cases. 26. Thailand reaffirms that the Thai judicial system adheres to the principle of independence and non-discrimination and Thailand’s defamation laws, both in principle and in practice, are consistent with the ICCPR. Under Thailand’s jurisprudence, general defamation or libel (published false statement) aim to protect the people’s legitimate interest and reputation. They are not to be misused, abused, exploited or subjected to hatred. At the same time, it is important to maintain a balance with the provisions to safeguard those accused of defamation who act in good faith including defense through proven truth or fair comment on any person or thing subjected to public criticism. 27. Thailand’s criminal procedures are in line with international standards, such as: (1) ‘Truth’, ‘good faith’, and ‘fair comment’ are legitimate defenses; (2) The principle of the presumption of the defendant’s innocence is well respected as the plaintiff bears the burden of proof with regard to both falsity and fact; (3) Private plaintiffs are required to prove a ‘prima facie’ case at the preliminary hearing before the case’s admission to trial. In addition, if the defendant is found guilty, the Criminal Code sets a minimum punishment for criminal defamation other than imprisonment, such as the granting of a probation period for giving sentence, fines, or suspended prison sentences. Suppression and prevention of human trafficking and forced labour (Paras. 48-54) 28. Thailand takes a holistic approach, aiming to streamline the anti-human trafficking process while promoting effective coordination and cooperation between the relevant agencies, the private sector, CSOs and all stakeholders. Thailand’s efforts are driven by the 5P approach: (1) Policy and legal framework, (2) Prosecution, (3) Protection, (4) Prevention, and (5) Partnership. This is in order to address the problems of human trafficking in a systematic and sustainable manner. 29. Thailand is committed to continuously implementing laws and measures to counter trafficking in persons, including the announcement of anti-trafficking in persons as a national agenda in 2015 and the integration of all relevant agencies to combat trafficking in persons. The United States’ Trafficking in Persons (TIP) Report 2018 graduated Thailand from Tier 2 Watch List to Tier 2. In addition, a number of pieces of legislation and amended ministerial orders have been passed to sharpen penalties for convicted offenders and to provide better protection for victims. The Royal Decree of 7 April 2019 clarifies the definition of “forced labour” under the Act on the Prevention and Suppression of 5