Intimidate, repress, and control II

The repression of heavy suppression of protesters and activists has been intense. Thai Lawyers for Human Rights recently published a report that states “at least 1,747 people in 980 cases have been prosecuted due to political protests and expression since the Free Youth Rally on 18 July 2020 until 25 December 2021.”

Only 150 of these cases have been concluded, meaning that hundreds of people are tied up in various legal procedures or are being held without bail. This reflects the regime’s use of lawfare.

In 2021 alone, “1,513 new people in 835 cases have been politically accused, accounting for an almost 7-fold increase compared to the number in the second half of 2020.”

Notably, there was a sharp rise in arrests and prosecutions “during the three-month period between August to October. The period coincided with a heightened political tension as a result of car mob events in various provinces, almost daily protests by various groups in Bangkok, and series of “Talu-Gas” protests at Din Daeng Intersection and the surrounding areas.”

Lese majeste charges were filed against at least 127 “new” people in 104 cases, while sedition charges were filed against at least 55 “new” people in 16 cases. As for the “key political leaders accused between 18 July 2020 and 25 December 2021 …[TLHR] found that:

Parit “Penguin” Chiwarak has 43 cases.

Panupong “Mike” Jadnok has 30 cases.

Anon Nampa has 24 cases.

Panusaya “Rung” Sithijirawattanakul has 24 cases.

Jatupat “Pai” Boonpattararaksa has 19 cases.

Benja Apan has 19 cases.

Another TLHR report states that “at least 291 activists and citizens, 39 of whom concerned youths under 18 years old, received house visits or were summoned for talks by authorities. These numbers do not include cases where authorities went to deliver summon warrants or make an arrest as part of a prosecution.” Most of this surveillance was in the northeast.

The repression continues and deepens.

Precious courts I

Prachatai has a report on the judiciary that is worth considering.

Joseph (not his real name) protested the denial of bail for detained activists – some of them held for more than 4 months now. He cut his arm in front of the judge on 11 October 2021 to protest the denial of bail for activists Arnon Nampa and Benja Apan. They are held on lese majeste and other charges.

Now Joseph “has been sentenced to 2 months in prison on a contempt of court charge…”.

Thai Lawyers for Human Rights (TLHR) report that Joseph was sentenced by the South Bangkok Criminal Court on 17 December. Because he “confessed and said to the court that his action was symbolic and that he has no intention of hurting anyone, the court reduced his sentence to 1 month in prison and a 250-baht fine. His sentence is also suspended for 6 months.”

Clipped from Prachatai

TLHR calculates “that 26 people have been charged with contempt of court in 16 cases since July 2020. Of these cases, 14 resulted from protests demanding the right to bail for detained activists.”

Joseph is also reportedly:

one of the 13 protesters facing royal defamation and sedition charges under Section 112 [lese majeste] and 116 [sedition] of the Thai Criminal Code, as well as using a sound amplifier without permission under the Controlling Public Advertisement by Sound Amplifier Act for either reading a statement or giving speeches during the protest in front of the German Embassy in Bangkok on 26 October 2020, in which they submitted a petition calling for the German authorities to investigate King Vajiralongkorn’s use of power during his time in Germany. Joseph is facing charges for reading out a statement in English.

Arbitrary detention of Panusaya

From the International Federation for Human Rights (FIDH):

Thailand: Arbitrary detention of Panusaya Sithijirawattanakul
Urgent Appeal
Human Rights Defenders
THA 004 / 1121 / OBS 120
Arbitrary detention / Judicial harassment
Thailand
November 18, 2021

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of Ms. Panusaya Sithijirawattanakul, aka Rung, a student and prominent pro-democracy activist with the United Front of Thammasat and Demonstration (UFTD) [1].

On November 15, 2021, the Bangkok South Criminal Court denied bail to Panusaya Sithijirawattanakul and ordered her detention in relation to charges under Article 112 of the Thai Criminal Code (“lèse-majesté”) [2] . These charges stem from her participation in a peaceful protest by a small group of activists who called for the repeal of Article 112 on December 20, 2020, at Siam Paragon shopping mall in Bangkok. Authorities accused Ms. Panusaya and the other activists of mocking King Rama X by wearing a crop top. [3]

The Bangkok South Criminal Court justified its decision to deny bail to Ms. Panusaya by arguing that the defendant had committed similar offenses and violated the conditions previously set by the Bangkok Criminal Court for her temporary release on May 6, 2021 [see below]. Ms. Panusaya is currently facing at least nine lèse-majesté charges, and could face 135 years in prison, if tried and found guilty in all cases. Ms. Panusaya Sithijirawattanakul is currently detained at the Central Women’s Correctional Institution in Bangkok.

The Observatory recalls that this is not the first time Panusaya Sithijirawattanakul is arbitrarily detained for her legitimate human rights activities. On October 15, 2020, Ms. Panusaya was arrested and detained for 16 days after reading a 10-point manifesto calling for monarchy reform at a pro-democracy protest on August 10, 2020, at Thammasat University’s Rangsit Campus in Pathumthani Province.

Ms. Panusaya was again detained from March 8 to May 6, 2021, in relation to another lèse-majesté case filed against her for calling for the reform of the Thai monarchy during a peaceful pro-democracy protest on September 19-20, 2020, in Bangkok. During that period of detention she was denied bail numerous times until she was granted temporary release by the Bangkok Criminal Court.

The Observatory underlines that the ongoing judicial harassment of Ms. Panusaya and other human rights defenders in Thailand contradicted recent statements and commitments made by the Thai government. During the latest Universal Periodic Review (UPR) of Thailand, which took place on November 10, 2021, the Thai government claimed that “human rights defenders have been highlighted as a specific group that needs appropriate protection” and that it “worked to create better understanding about the important role of human rights defenders.” The government accepted five recommendations that called for measures to guarantee civil society space, the protection of human rights defenders, and investigations into acts of harassment and attacks against them.

The Observatory also notes that between November 24, 2020, and November 16, 2021, 156 people, including many human rights defenders, were charged under Article 112 of the Thai Criminal Code. In addition to Ms. Panusaya, five other human rights defenders – Anon Nampa, Parit Chiwarak, Panupong Chadnok, Jatuphat Boonpattararaksa and Benja Apan- are currently detained on lèse-majesté charges pending trial.

The Observatory condemns the arbitrary detention and judicial harassment of Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, and Jatuphat Boonpattararaksa,which seem to be only aimed at punishing them for their legitimate human rights activities and the exercise of their rights to freedom of expression and of peaceful assembly.

The Observatory calls on the Thai authorities to immediately and unconditionally release the six human rights defenders and to put an end to the judicial harassment against them and all other human rights defenders in the country.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Guarantee in all circumstances the physical integrity and psychological well-being of Panusaya Sithijirawattanakul and all human rights defenders in Thailand, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

ii. Immediately and unconditionally release Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, and Jatuphat Boonpattararaksa,since their detention is arbitrary as it seems to be merely aimed at punishing them for their human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Panusaya Sithijirawattanakul, Benja Apan, Anon Nampa, Parit Chiwarak, Panupong Chadnok, Jatuphat Boonpattararaksa, and all other human rights defenders and pro-democracy activists in the country;

iv. Guarantee in all circumstances the rights to freedom of expression and of peaceful assembly, as enshrined in international human right law, and particularly in Articles 19 and 21 of the International Covenant on Civil and Political Rights;

v. Refrain from using Article 112 of the Criminal Code to target human rights defenders and pro-democracy activists and amend all provisions of the Criminal Code used to repress fundamental rights and freedoms, and bring them into line with international human rights standards.

Addresses:

· Mr. Prayuth Chan-ocha, Prime Minister of Thailand, Email: spmwebsite@thaigov.go.th
· Mr. Don Pramudwinai, Minister of Foreign Affairs of Thailand, Email: minister@mfa.go.th
· Mr. Somsak Thepsutin, Minister of Justice of Thailand, Email: complainingcenter@moj.go.th
· General Narongpan Jitkaewthae, Commander in Chief of the Army, Email: webadmin@rta.mi.th
· Pol Gen Suwat Jangyodsuk, Commissioner-General of the Police, Email: info@royalthaipolice.go.th
· Ms. Pornprapai Ganjanarinte, National Human Rights Commissioner of Thailand, Email: help@nhrc.or.th, info@nhrc.co.th
· H.E. Mr. Sek Wannamethee, Ambassador, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: thaimission.GVA@mfa.mail.go.th
· Embassy of Thailand in Brussels, Belgium, Email: thaibxl@thaiembassy.be

Please also write to the diplomatic representations of Thailand in your respective countries.

***
Paris-Geneva, November 18, 2021

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

Footnotes
[1] The United Front of Thammasat and Demonstration (UFTD) is a student pro-democracy group from Bangkok’s Thammasat University, which was formed amid the wave of nationwide student-led pro-democracy demonstrations that began in Thailand in February 2020. Since then, UFTD has played a key role in organising pro-democracy protests and continued to make open criticism of the monarchy and calls for the reform of the institution.
[2] Article 112 of the Criminal Code imposes jail terms for those who defame, insult, or threaten the King, the Queen, the Heir to the throne, or the Regent. Persons found guilty of violating Article 112 face prison terms of three to 15 years for each count.
[3] In July 2016, photos were circulated online of then-Crown Prince Vajiralongkorn appearing to wear a crop top in a shopping mall in Germany.

The regime’s courts

Thai PBS recently reported that Thammasat University engineering student, Benja Apan, a member of the United Front for Thammasat and Demonstration”was sentenced to six months in prison today (Monday) for contempt of the court and for ‘causing disunity’ in the country.”

It adds: “The six-month imprisonment is the heaviest penalty for such offence.”

Clipped from Khaosod

Benja’s charges stemmed from a rally “in front of the Criminal Court on April 29th to demand the release of Parit ‘Penguin’ Chiwarak, a leader of the Ratsadon group, who was being held on multiple charges, including lèse majesté.”

Benja also faces lese majeste charges.

It was alleged that, during the protest, Benja “read a poem over a loud hailer, criticising the court for its handling of Parit’s case…”. Poetry can indeed be dangerous.

It was further alleged that she “breached a barricade.”

The court babbled that, “even though the accused has the right to free expression and to demonstrate peacefully under the Constitution, the exercise of such rights must be within the confines of laws enacted to preserve national security, protect public safety and the rights of other people.”

It is unclear how she breached such provisions.

It is then reported that the court “cited provisions in the Constitution requiring that individuals do not do anything which may cause ‘disunity’ in society and respect, without infringing upon, the rights of other people.”

The Criminal Court is not the Constitutional Court, so this seems curious to us at PPT.

We don’t know for sure, but assume that this refers to Chapter III of the 2017 Constitution where the Rights and Liberties of Thais are set out. We couldn’t see anything on disunity, but did notice that the regime is arguably in breach of almost all of the provisions in that chapter.

As the courts sink ever deeper into the murky depths of unbridled politicization, we can only ponder how difficult it is going to be for any reasonable government to reform military, police, and judiciary, let alone the horrid monarchy.

Updated: Problematic courts

The courts have long demonstrated double standards and this has been especially the case for the Constitutional Court. That court’s latest decision is another example of its politicization.

On Wednesday, the Constitutional Court ruled “that Paiboon Nititawan, a former MP of the dissolved People Reform Party … retains his parliamentary status, on the grounds that he has not violated any provisions of the Constitution, as claimed by opposition MPs.”

Rightist Paiboon dissolved his party immediately after the rigged 2019 election and teamed up with his political buddies in the junta-formed Palang Pracharat Party. As Thai PBS has it:

The court took note that the People Reform Party resolved to dissolve on August 5th, 2019 and notified the registrar of political parties. This was followed by an announcement from the Election Commission on September 6th of the dissolution, published in the Royal Gazette.

Paiboon, according to the court, joined Palang Pracharat on September 9th, 2019 and the House of Representatives was notified by its leader on October 7th of the same year.

The court also ruled that Paiboon, in his capacity as the leader of People Reform Party, was legally bound to undertake the liquidation process to legally dissolve his party.

On the issue of “Paiboon’s obligation to the People’s Reform Party, post-dissolution, [which] was referred to the Constitutional Court by Parliament Speaker Chuan Leekpai,” the court “ruled that Mr Paiboon’s MP status was not affected by the issue and so remained intact on account of the legal dissolution of the People’s Reform Party.”

The long and the short of this is that opposition parties get dissolved on precious little evidence and on skimpy grounds, while a regime fellow traveler can stand for election in one mini-party, ditch the party and its “members,” and can get a free pass to transfer even when he was a party-list member for the dissolved party.

Of course, this provides an avenue for small parties to now merge with the regime party, something likely required for the next election. The court has paved the way.

Compare the brazen political favoritism of the Constitutional Court and the nastiness and political bias of other courts:

• Yet more anti-democrats are let off. Sure, one copped jail, but that means nothing as those who violently blocked voters get a free pass.
• Sitanan Satsaksit, sister of Wanchalearm Satsaksit, who was abducted and disappeared in Cambodia, and who, for obvious reasons, has had no information, support, or anything else from the regime that knows what happened, has been “charged for allegedly hosting an activity in breach of Covid curbs.” More buffalo manure charges to silence and threaten critics.
• Young protesters continue to rot in jail, refused bail.
• Penguin “Parit” Chiwarak now faces 21 lese majeste charges (and more to come). He’s held without bail.
• The Bangkok South Criminal Court on Thursday ruled that Benja Apan, a Thammasat third-year student charged with lese majeste, cannot have bail.

See a pattern? It is contemporary authoritarianism.

Update: For more on the third rejection of Benja’s bail, see Prachatai.

Another student on 112 charge

Prachatai reports that “[s]tudent activist Benja Apan was arrested [on] … 7 October … on a lèse majesté charge in connection with the 10 August 2021 protest and has been denied bail.”

During that protest:

Benja read out the 2nd United Front of Thammasat and Demonstration Declaration, stating that the 2014 coup led by Prime Minister Gen Prayut Chan-o-cha has led to a regime which benefited only the elite. The statement also criticised the government’s mishandling of the Covid-19 pandemic and called for the government properly handle the pandemic, revitalise the economy, repeal the 2017 Constitution which allows the junta government to prolong its stay in power, push forward reforms in state structures and the monarchy, and also return to the people their dignity.

Clipped from Khaosod

She met police at the Lumpini Police Station on Thursday afternoon “to hear a charge of violating the Emergency Decree for participating in the 3 September protest at the Ratchaprasong intersection.” However, the police “found” an outstanding Article 112 arrest warrant along with charges for violations of the Emergency Decree and the Communicable Diseases Act, for participating in the 10 August 2021 rally.

The police said they would take Benja to the Thong Lo Police Station, but she refused. Despite further exhortations, she was eventually grabbed and carried by two women police officers who carried her to a police vehicle which took her to the Thong Lo Police Station.

She was denied bail and detained at Thong Lo Police Station overnight. She was taken to court on Friday morning for a temporary detention hearing. Judge Netdao Manotamkij “denied Benja bail on the grounds that the offense carries a serious penalty, and that she has previously committed the same offense. The inquiry officer also opposed bail.”

Benja has been taken to Central Women Correctional Prison. She is facing 6 charges under Article 112.