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THAILAND: Trial of webmaster charged for computer crime resumes tomorrow

February 13, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-006-2012

13 February 2012

[RE: AHRC-FPR-006-2011: THAILAND: Calling to observe for court trial of Chiranuch Premchaiporn, director of Prachatai website, on 4 - 17 February 2011, 9.00am - 4.00pm at the Criminal Court]
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THAILAND: Trial of webmaster charged for computer crime resumes tomorrow

ISSUES: Human rights defender; Freedom of Expression
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Dear friends,

The Asian Human Rights Commission (AHRC) is calling for court observers at the resumption of the trial of Chiranuch Premchaiporn, director of the Prachai website, who is being prosecuted under the Computer Crime Act after her arrest in March 2009. The trial of her case, after it was delayed for a variety of reasons, will again resume on February 14 to 16, 2012 at the Criminal Court in Bangkok.

The details about the schedule of trial and the witnesses on which the defense would be presenting are below:

Dates: 14-16 February 2012
Venue: At Court Room 910, the Criminal Court on Ratchadapisek Road, Bangkok
Witnesses for the defense:
1. Professor Sawatree Suksri, lecturer of the Faculty of Law, Department of Criminal Law at the Thammasat University. She is an expert on Computer Crime Law.
2. Professor Jittat Fakcharoenphol, Ph.D, Department of Computer Science, Faculty of Engineering, Kasetsart University. He is an expert on IT Technology
3. Doctor Kitibhoom Chutasmith, Director of Bhusing Hospital, Sri Sakhet Province. Prachatai Webboard user
4. Mr. Wanchat Bhadungrat, Founder of Pantip.com
5. Assistant Professor Pirongrong Ramasoota Rananan, Associate Dean, Department of Graduate Studies, Faculty of Communication Arts, Chulalongkorn University. She is a scholar in Mass Media who researched on the Internet Content Regulations

For details about on which day these witnesses will be testifying:
14 February 2012 (whole day session)
Professor Sawatree, Professor Jittat and Doctor Kitibhoom
15 February 2012 (morning session)
Mr. Wanchat Bhadungrat
16 February 2012 (afternoon Session)
Assistant Professor Pirongrong

For those interested, the court's timetable usually runs 9am to 12nn for morning sessions and 1pm to 4pm for afternoon sessions. Simultaneous interpretation will be also be made available for international observers. You can also contact Ms. Kheetanat Wannaboworn at KWANNABOWORN@gmail.com or call +84-899-0509 for more details on the prior arrangement you may require.

You can also read our previous appeals AHRC-FPR-006-2011, containing the details of the previous court trials; and our press release AHRC-PRL-008-2011, containing views and extracts of the report of Margaret Sekkaggya, UN Special Rapporteur on human rights defenders, regarding Chiranuch's case:

In her appeal calling for court observers, Chiranuch wrote:

"Three years, are the time I have to live my life being accused of committing a crime under Section 14 and 15 of the Computer Crime Act. Still, I have to continue a life like this without knowing an end. For all these time, I would like to thank you for your assistance, support and keen interest on the trial observation always.

The police arrested me at Prachatai Office on 6 March 2009 while the prosecutor filed the case to the Criminal Court on 31 March 2010. On the latter date, I was detained in the court basement for four hours before THB 300,000 bail was guaranteed by my sister’s career (she is a nurse in the government hospital) as an exchange for my contemporary release. The court then arranged a meeting on 31 May 2010 to investigate the witnesses, collect the evidence as well as decide on the hearing dates.

At first, the hearings were scheduled for eight consecutive days in February 2011 but could only continue for four days with five prosecutor witnesses’ presence. The rest of the witnesses said they were not available on the mentioned dates required the judges, prosecutors, and the lawyers’ team to set up a new hearing schedule from September to October 2011. Due to a large time gap; the composition of the judges in the second period were changed with regards to the annual shift occurred in the bureaucratic system.

In September, the hearings of the prosecutors’ witnesses were completed and the hearings of the Defense witnesses had started including that of myself. In October, massive flooding in Bangkok prevented the continual court trial, Mr. Danny O’Brien from Committee to Protect Journalists who was traveling all the way from San Francisco being the only witness allowed.

At the hearing, an interpreter provided by the court was unable to give an accurate interpretation. The lawyers’ team; as a result, was decided to submit the testimony written by Mr. O’Brien beforehand and would like to postponed the rest of the hearings to 14-16 February, 2012."


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-006-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.