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THAILAND: Trial of ten activists charged for protesting against undemocratic legislation tomorrow

February 20, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-007-2012
20 February 2012

[RE: AHRC-UAC-017-2008: THAILAND: Ten activists charged for protesting against undemocratic legislation]
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THAILAND: Trial of ten activists charged for protesting against undemocratic legislation tomorrow

ISSUES: Human rights defender; Freedom of opinion, expression & assembly
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Dear friends,

The Asian Human Rights Commission (AHRC) is calling for court observers at the resumption of the trial of ten activists, who are being prosecuted under Criminal Code on trespassing and coercion in relation to peaceful protest that was held on 12 December 2007 in Thailand. The Black case No. is 4383/2553. The trial of them case will be on February 21 - 24 and 28 - 29, 2012 and on March 2012 and on April 2012, at the Criminal Court in Bangkok at 9.00am - 4.30pm.

The details about case and schedule of trial and the witnesses on which the defense would be presenting are below from update information by defendants which call international observers and others for hearing the trial:

Update on The "NLA Sit-In" Trial of 10 Thai Human Rights Defenders

The defendants and their lawyers wish to invite international observers, observers from human rights and media rights organisations based in Thailand, and representatives from foreign embassies in Thailand to attend the trial to help ensure that they receive a fair hearing, as they believe that the charges against them and the possible penalties that they face are grossly disproportionate to their non-violent actions of civil disobedience against a legislature appointed by a military junta which was rushing through legislation affecting human rights and civil liberties just 11 days  prior to a general parliamentary  election.

The Defendants are:
1.    Mr. Jon Ungphakorn, NGO and human rights activist
2.    Mr. Sawit Keaw-wan, state enterprise union leader
3.    Mr. Sirichai Maingam, state enterprise union leader
4.    Mr. Pichit Chaimongkol, NGO and political activist
5.    Mr. Anirut Khaosanit, farmers' rights activist
6.    Mr. Nasser Yeemha, NGO and political activist
7.    Mr. Amnat Palamee,  state enterprise union leader
8.    Mr. Pairoj Polpetch, NGO and human rights activist
9.    Ms. Saree Ongsomwang, NGO and consumer rights activist
10.    Ms. Supinya Klangnarong,  Freedom of expression and media reform activist

The Charges:
Collaborating to incite the public to violate the law through speech, writing, or other means outside the boundaries of constitutional rights or legitimate freedom of expression (Section 116 of the Criminal Code -- maximum penalty of 7 years imprisonment); gathering in a group of 10 or more people,  in the capacity of leaders or commanders, to threaten or to carry out an act of violence or to act in a way which causes a public disturbance (Section 215 of the Criminal Code -- maximum penalty of 5 years imprisonment and/or fine of up to Baht 10,000); trespass with use of violence (Sections 362, 364, and 365 of the Criminal Code -- maximum penalties of 5 years imprisonment and/or fines of up to Baht 10,000 under both Sections 362 and 364 as qualified under Section 365)

Trial Dates: (Tuesdays to Fridays)
a)    Hearing witnesses for prosecution  (Total 24 sessions)
February  21-24, 28-29    Morning session 09.00-12.00,      Afternoon session 13.30-16.30
March  1- 2, 13-16,         Morning session 09.00-12.00,      Afternoon session 13.30-16.30

b)    Hearing witnesses for defence  (Total 24 sessions)
March  20-23, 27-30       Morning session 09.00-12.00,      Afternoon session 13.30-16.30
April  3-5, 10                 Morning session 09.00-12.00,      Afternoon session 13.30-16.30

The most important dates for attending the trial are:
1)   February 21st 2012 (morning and afternoon),  which is the opening day for hearing witnesses at which the most important  prosecution witnesses will be testifying , including former speaker of the National Legislative Assembly, Mr. Meechai Ruchupan, a notorious legal expert who has served  a number of  dictatorial regimes.

2)    March 20th-23rd and 27th (morning and afternoon) during which the 10 defendants will be testifying in order (half-day each)

3)    March 28th-30th, April 3rd-5th, April 10th 2012 during which prominent defence witnesses will be testifying:
- 28th March (morning) Pravit Rojanaphruk (afternoon)  Gothom Arya, Nirun Pitakwatchara
- 29th March (morning) Ubonrat Siriyuvasak
- 30th March (morning) Vitit Muntarbhorn
- 4th April (afternoon) Chaiwat Satha-Anand
- 5th April (morning) Kanit na Nakorn
- 10th April (afternoon) Phra Phaisan Visalo
- April 10th  2012 is expected to be the last day of the trial before day set for reading the  
verdict (not yet known)

From 21 February - 10 April  2012, ten prominent Thai NGO/ labour union/ human rights activists will be on trial at the Criminal Court, Rachadapisek Road, Bangkok on serious criminal charges relating to national security, public peace, and trespass with use of force arising from a mass sit-in staged in the lobby in front of the meeting chamber of the National Legislative Assembly on 12 December 2007. If found guilty of all charges, they could face prison sentences of up to 20 years.

Background Information
Following the military coup on 19 September 2006 and the suspension of the 1997 Constitution, the military council formed by the coup leaders established a "National Legislative Assembly" (NLA) to act as an interim unicameral legislature for enacting legislation until  parliamentary elections were held under a new constitution. All members of the NLA were selected by the military council.

After the promulgation of the 2007 constitution on 24 August 2007, the NLA continued to function as the legislature, and during the last two months before the general parliamentary election of 23 December 2007, the NLA rushed through the passage of a number of extremely controversial laws affecting human rights, civil liberties, community rights, and social justice. This was done despite strong opposition and protests by many civil society groups. The most controversial of these was Internal Security Act, a law demanded by the military to allow them to hold special powers to deal with national security issues after the return to elected civilian government.  Other controversial laws passing through the NLA included legislation on privatisation of state universities, water management, and state enterprises.

On 11-12 September 2007 the Thai NGO Coordinating Committee (NGO-COD) with Jon Ungphakorn (1st defendant) serving as Chair and Pairoj Polpetch (8th defendant) as Vice-Chair held a consultation involving a number of civil society networks and labour union leaders which ended with a public statement and press conference calling on the NLA to abandon consideration of 11 controversial bills considered to violate the rights, freedoms, and welfare of the public according to the 2007 Constitution.

On 26 September 2007, a delegation from NGO-COD and the Confederation of State Enterprise Labour Unions submitted an open letter to the NLA Speaker, Mr. Meechai Ruchupan at the parliament building.

On 29 November 2007, a mass demonstration was held outside the parliament building and grounds, demanding that the NLA immediately abandon consideration of the 11 controversial bills, requesting members of the NLA to consider resigning their office , and asking members of the public to sign a petition for the NLA to cease all legislative activities in view of the coming elections for a democratic parliament.

On 12 December 2007 another mass demonstration was held outside the parliament building and grounds, this time involving well over one thousand demonstrators. At around 11.00 a.m. over 100 demonstrators climbed over the metal fence surrounding the parliament building using make-shift ladders to enter the grounds of parliament.   Then, around 50-60 demonstrators were able to push their way past parliamentary guards to enter the lobby in front of the NLA meeting chamber where the NLA was in session. They then sat down peacefully in concentric circles on the lobby floor. Negotiations with some members of the NLA and with a high-ranking police official ensued, until at around 12.00 noon the demonstrators were informed that the NLA meeting had been adjourned. The demonstrators then left the parliament building and grounds, returning to join the demonstrations outside the premises.

Further demonstrations were held outside the parliament building and grounds amidst tight police security on 19 December 2007. Despite all the protests, the NLA passed the Internal security Act which remains in force to this day. Some of the other controversial laws were also passed.

On 22 January 2008 the ten defendants were summoned by police to acknowledge a number of charges against them. Later prosecutors asked police to investigate further, more serious charges which were then brought against the defendants, while less serious charges such as using a loudspeaker without prior permission were dropped. The prosecution was submitted to the Criminal Court on 30 December 2010, and all the defendants were allowed to post bail by the court.

Further Sources of Information
1.    Judicial proceedings against ten human rights defenders - FIDH (2008)
http://999.fidh.org/Judicial-proceedings-against-ten
2.    Concerns over legal proceedings against 10 human rights defenders – HRCP (2010)
http://hrcpblog.wordpress.com/2010/10/26/thailand-concerns-over-legal-proceedings-against-10-human-rights-defenders/
3.    English translation of Thai Criminal Code
http://thailaws.com/law/t_laws/tlaw50001.pdf

Contact persons:
1.    Nakhon Chompoochart , Head of legal defence team: nakhonct@truemail.co.th
2.    Jon Ungphakorn,  Defendant no. 1: ujon@truemail.co.th


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-007-2012
Countries :
Issues :
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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.