A/HRC/32/36/Add.3
based on their efforts to promote and protect human rights and on their legitimate exercise
of the rights to freedom of peaceful assembly and freedom of opinion and expression.
369. He wishes to refer to the joint report on the proper management of assemblies he
prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions
(A/HRC/31/66), which is highly relevant to the present case.
Thailand
370. JUA 27/05/2015. Case no. THA 5/2015. State reply: 02/06/2015. Alleged killing
and attempted killing of former detainees charged with security-related offenses in
Thailand, including three members of the Justice for Peace Network (JOP).
371. JUA 16/07/2015. Case no. THA 7/2015. State reply: 20/07/2015. Alleged arbitrary
detention, prosecution, and trial before a military court of 14 students belonging to the Neo
Democracy Movement (NDM) due to their participation in peaceful protests.
372. JUA 25/02/2016. Case no. THA 9/2015. State reply: 29/02/2016. Alleged charges,
detention and/or convictions of 26 persons in relation to lèse-majesté offences, for having
exercised their right to freedom of opinion and expression.
Observations
Responses to communications
373. The Special Rapporteur thanks the Government of Thailand for its responses to his
communications of 16 July 2015 (THA 7/2015) and 25 February 2016 (THA 9/2015). He
takes note of the acknowledgement made by the Government of his communication of 27
May 2015 (THA 5/2015), and looks forward to receiving substantial information on the
concerns raised in this letter.
374. The Special Rapporteur reiterates his grave concern about the killing of Mr.
Masawee Masalae and the attempted killings of Mr. Torlep Sapa-Ing, Mr. Rorsuwan BuNae and Mr. Arsae Niseng, as well as the reported failure of the police to protect them and
other persons in a similar situation, and to investigate these acts. Further concern is
reiterated that the attacks appear to target former detainees initially charged with securityrelated offenses but subsequently acquitted or released for lack of evidence, in Yala
Province and Pattani Province, in Thailand, including three members of the Justice for
Peace Network (JOP). He urges the authorities to undertake a thorough and independent
investigation into these cases, hold the perpetrators accountable, and provide remedies to
the victims and families of victims.
375. While noting the response of the Government to his letter of 16 July 2015, the
Special Rapporteur reiterates his serious concern that the alleged arbitrary detention,
prosecution, and trial before a military court of the 14 students were linked to their
participation in a series of peaceful protests against the current regime and forced evictions
of rural communities in north-eastern Thailand. He remains concerned about the fact the
students were tried before a military court despite their status as civilians. He stresses that
military tribunals should have jurisdiction only over military personnel who commit
military offences or breaches of military discipline, and only when those offences or
breaches do not amount to serious human rights violations.
376. The Special Rapporteur remains particularly worried about the context in which
restrictions to multiple rights and fundamental guarantees against human rights defenders
and political opponents in Thailand have taken place, following the military coup and
imposition of martial law. He stresses that while the Government does not have to agree
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