Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the ongoing judicial harassment of Ms. Sirikan Charoensiri. She is a human rights lawyer and legal and documentation officer at Thai Lawyers for Human Rights (TLHR). On 22 October 2016, Ms. Sirikan reported to the police at Bangkok’s Samranrat Municipality Police Station. The inquiry officer informed her that she had violated the Criminal Code and the junta’s order. This was due to her work as a lawyer for student activists who were opposing the coup d’etat. She denied all charges and will submit further statements to the inquiry officer by 22 November 2016.
UPDATED INFORMATION: (Based on Thai Lawyers for Human Rights documentation)
Ms. Sirikan Charoensiri, a human rights lawyer who works for Thai Lawyers for Human Rights (TLHR) as a legal and documentation specialist, reported to the police at the Bangkok’s Samranrat Municipality Police Station on 22 October 2016. The inquiry ofï¬cer informed Ms. Sirikan that she was charged with being an accomplice in the coup commemoration organized by the New Democracy Movement (NDM) at the Democracy Monument on 25 June 2015. These charges stemmed from not letting her car be searched and carrying the activists’ belongings. The alleged actions breach Article 116 of the Thai Criminal Code, or sedition offence, and the Order of the Head of the National Council for Peace and Order (NCPO) no. 3/2015 Section 12. This prohibits gatherings of ï¬ve or more persons for political purposes. The accuser, Lt. Col. Pongsarit Pawangkanan, and the alleged offenders, Mr. Rangsiman Rome and others, state the connections of this case related to the prosecution of the fourteen student activists of the New Democracy Movement (NDM). Ms. Sirikan denied all charges against her. She stated that she was present to offer legal service to the NDM student activists, her clients. Further statements will be submitted by 22 November 2016.
The notiï¬cation of charges provided details which accused Ms. Sirikan of associating with her fourteen student activist clients in the incident commemorating the coup on 25-26 June 2015. Following the apprehension of Rangsiman and others on 26 June 2015, the inquiry ofï¬cer, with the court’s permission, took fourteen student activists into custody in the Bangkok Military Court. The accuser, Lt. Col. Pongsarit, noticed about 10 pm, that Ms. Sirikan was carrying a plastic bag and a brown envelope while rushing to a CRV car. It was later revealed that this was her car. When a photo of Ms. Sirikan was brought to a military inquiry ofï¬cer for investigation, Lt. Col. Pongsarit found that Ms. Sirikan had allegedly been involved with NDM actions all along. On 27 June 2015, Ms. Sirikan refused to let competent ofï¬cials search her car, where later 5 cell phones of NDM activists were found. Lt. Col. Pongsarit stated that the alleged actions of Ms. Sirikan provided reasonable grounds to believe that she was associated with the illegal acts of Rangsiman and others. As a result, Ms. Sirikan is charged with sedition and political assembly offences, as were Rangsiman and others. Ms. Sirikan informed the inquiry ofï¬cer that she was present at the Bangkok Military Court for legal service to her clients, the NDM activists. She stated that later she would submit an additional written statement and was allowed to do so by 22 November 2016.
On 24-25 June 2015, Ms. Sirikan and other TLHR lawyers and documentation ofï¬cers were present to observe and monitor the activity of the fourteen students in Bangkok. All ofï¬cers clearly addressed themselves as TLHR staffs, and stated their purpose of being present to monitor the event. There were reasonable concerns that the student activists might be arrested and accused of violating the law. The police arrested 14 students on 26 June 2015 as anticipated. Another accused, Mr. Baramee Chaiyarat, a human rights defender from Thailand’s Assembly of the Poor and a member of the Board of Amnesty International, was charged with sedition and violating the NCPO’s ban on political gathering. In addition to Ms. Sirikan, the owner of the hostel, where the fourteen student activists stayed during their activities from 25-26 June 2015, received a summons issued on 14 September 2016 for the same offences. By October 2016, there were 17 people, including fourteen student activists, two human rights and social activists, and a human rights lawyer, who face charges made by Lt. Col. Pongsarit Pawangkanan.
Ms. Sirikan will face trial in a military court if indicted. Since the alleged acts were committed in 2015, prior to the enforcement of the Head of the NCPO Order no. 55/2016 on 12 September 2016. This order ceases the practice of prosecuting civilians in military courts for crimes committed after that date. The Order does not apply to pending civilian cases or those committed before 12 September 2016, with about 517 persons currently being tried under military courts. Ms. Sirikan, if found guilty, will face imprisonment, not exceeding seven years.
(See http://www.humanrights.asia/news/ahrc-news/AHRC-STM-142-2016)
Ms. Sirikan is facing prosecution for offences related to refusing to comply with an order of competent ofï¬cials, to let them search her car without a warrant on 27 June 2015. The hearing of the prosecution order is rescheduled for 9.30 am on 3 November 2016 at the Ofï¬ce of Prosecutor of Dusit District in Bangkok. This is the third postponement since 29 September 2016, due to a late police submission of the case ï¬le to the prosecutor on 30 September 2016. She also received a summons for offences related to making a false report to the police. She had filed a complaint of malfeasance in office against the police. They had impounded her car, following her refusal to consent to the search of her car for her clients’ belongings, without a warrant. The inquiry ofï¬cer could not identify the false information attributed to the accused, so the proceeding is pending.
For more details, please follow the links below;
1. AHRC-UAU-020-2016
2. AHRC-UAC-051-2016
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SUGGESTED ACTION:
Please write a letter to the following government authorities urging them to drop the charges against Ms. Sirikan Charoensiri. It is to maintain respect for the independence of lawyers, and to ensure lawyers are able to conduct their professional functions without fear of official reprisal.
Please also be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on the Independence of Judges and Lawyers calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Sirikan denied all charges related to her performance as “Lawyer”
Name of victim: Ms. Sirikan Charoensiri
Names of alleged perpetrators: Police and military officers
Date of incident: 14 September 2016 to the present
Place of incident: Bangkok, Thailand
I am writing to voice my deep concern regarding ongoing judicial harassment of Ms. Sirikan Charoensiri, human rights lawyer and legal and documentation officer at Thai Lawyers for Human Rights (TLHR).
On 22 October 2016, Ms. Sirikan reported to the police at the Bangkok’s Samranrat Municipality Police Station. The inquiry ofï¬cer informed Ms. Sirikan that she was charged for being an accomplice in the coup commemoration organized by New Democracy Movement (NDM) at the Democracy Monument on 25 June 2015 and by not letting her car be searched, carrying the activists’ belongings. The alleged actions breach Article 116 of Thai Criminal Code, or sedition offence, and the Order of the Head of the National Council for Peace and Order (NCPO) no. 3/2015 Section 12, which prohibits gatherings of ï¬ve or more persons for political purposes. The accuser, Lt. Col. Pongsarit Pawangkanan, and the alleged offenders, Mr. Rangsiman Rome and others, state the connections of this case are related to the prosecution of the fourteen student activists of the New Democracy Movement (NDM). Ms. Sirikan denied all charges against her, and stated that she was present to offer legal service to the NDM student activists, her clients. Further statements will be submitted by 22 November 2016.
The notiï¬cation of charges provide details which accused Ms. Sirikan of associating with her fourteen student activist clients in the incident commemorating the coup on 25-26 June 2015. Following the apprehension of Rangsiman and others on 26 June 2015, the inquiry ofï¬cer, with the court’s permission, took fourteen student activists into custody at the Bangkok Military Court. The accuser, Lt. Col. Pongsarit, noticed, about 10 pm, that Ms. Sirikan was carrying a plastic bag and a brown envelope while rushing to a CRV car, which was revealed later as her car. When a photo of Ms. Sirikan was brought to the military inquiry ofï¬cer for investigation, Lt. Col. Pongsarit found that Ms. Sirikan had allegedly been involved with NDM actions all along. In addition, on 27 June 2015, Ms. Sirikan refused to allow competent ofï¬cials to search her car, where later 5 cell phones of NDM activists were found. Lt. Col. Pongsarit stated that the alleged actions of Ms. Sirikan provided reasonable grounds to believe that she was associated with the illegal acts of Rangsiman and others. Thus, Ms. Sirikan was charged with sedition and political assembly offences, as had Rangsiman and others. Ms. Sirikan informed the inquiry ofï¬cer that she was present at the Bangkok Military Court for legal service for her clients, the NDM activists. She stated that she would submit an additional written statement later and was allowed to do so by 22 November 2016.
On 24-25 June 2015, Ms. Sirikan and other TLHR lawyers and documentation ofï¬cers were present to observe and monitor the activity of the fourteen students in Bangkok. All ofï¬cers clearly addressed themselves as TLHR staffs, and stated their purpose of being present to monitor the event, since there were reasonable concerns that the student activists might be arrested and accused of violating the law. The police later arrested 14 students on 26 June 2015 as anticipated, and later charged another accused, Mr. Baramee Chaiyarat. He is a human rights defender from Thailand’s Assembly of the Poor and a member of the Board of Amnesty International Thailand. Charges of sedition and violating the NCPO’s ban on political gathering were made. In addition to Ms. Sirikan, the owner of the hostel, where the fourteen student activists stayed during their activities from 25-26 June 2015, received a summons issued on 14 September 2016 for the same offences. As of October 2016, there are 17 people charged or arrested, including fourteen student activists, two human rights and social activists, and a human rights lawyer who have been facing charges made by Lt. Col. Pongsarit Pawangkanan.
Ms. Sirikan will face trial in a military court if indicted, since the alleged acts were committed in 2015, prior to the enforcement of the Head of the NCPO Order no. 55/2016 on 12 September 2016. This order ceases the practice of prosecuting civilians in military courts for crimes committed after that date. The Order does not apply to pending civilian cases or those committed before 12 September 2016, with about 517 persons currently being tried under military courts. Ms. Sirikan, if found guilty, will face imprisonment, not exceeding seven years.
I wish to point out that, as a lawyer, Ms. Sirikan maintained the honor and dignity of her profession as an essential agent of the administration of justice. She was assisting her clients in every appropriate way including not letting police search her car without a warrant. She had to protect her clients’ belongings, because the authorities did not allow the students who were arrested to carry anything with them.
I believe that in all of her actions, she attempted to protect the rights of her clients in upholding the human rights standard in accordance with Thai law, especially the Lawyers Act B.E.2528 (1985). Ms. Sirikan should not be punished for serving her clients. The Thai government should uphold the UN Basic Principles on the Role of Lawyers. They need to immediately and unconditionally drop all charges against Ms. Sirikan. They need to put an end to all acts of judicial harassment against her.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. General Prayuth Chan-ocha
Prime Minister
Head of the National Council for Peace and Order
Rachadamnoen Nok Road
Bang Khun Phrom
Bangkok 10200
THAILAND
Tel: +662 283 4000
Fax: +662 282 5131
Email: panadda_d@opm.go.th
2. Pol. Gen. Chakthip Chaijinda
Commissioner General of the Royal Thai Police
Rama I Rd, Khwaeng Pathum Wan,
Khet Pathum Wan, Bangkok 10330
THAILAND
Tel: +662 2516 831
Fax: +662 2053 738
3. Pol.Sub.Lt. Pongniwat Yuthaphunboripahn
Deputy Attorney General.
The Office of the Attorney General
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December, B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 142 1444
Fax: +662 143 9546
Email: ag@ago.go.th
4. Mr. What Tingsamitr
Chairman of National Human Rights Commission
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December
B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
Tel: +662 141 3800, +662 141 3900
E-mail: help@nhrc.or.th
5. Pol.Lt.Col Manit Thongkao
Investigator officer of Samranrat Municipality Police Station
No. 200 Bamrung Mueang Road
Samranrat, Pra Nakon
Bangkok 10200
THAILAND
Tel: + 662 223 2136
Fax: + 662 225 7430
E-mail: samranrat@police.go.th
6. Acting Sub.Lt. Tawan Ruyaporn
President, Lawyers Council of Thailand under the Royal Patronage
7/89 Buidling 10, Ratchadamnoen Klang Road, Bawornnivej Sub-District,
Phranakorn District,
Bangkok 10200
THAILAND
Tel: +66 2 629 1430
Fax: +66 2282-9908
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
