Arbitrary detention and digital dictatorship

We note two recent reports worthy of attention.

The first is from the Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has issued an appeal regarding Thailand.

It begins:

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of Mr Sopon Surariddhidhamrong, aka Get, leader of the student pro-democracy group Mok Luang Rim Nam, and Ms Natthanit Duangmusit, aka Baipor, member of the pro-democracy and monarchy reform activist group Thalu Wang. Founded in August 2020, Mok Luang Rim Nam has expanded from advocating for the rights of students at Navamindradhiraj University in Bangkok to various human rights issues in Thailand, including enforced disappearance, labour rights, and equality. Formed in early 2022, Thalu Wang has been advocating for the abolition of Article 112 of Thailand Criminal Code (“lèse-majesté”) and conducting public opinion polls at various locations in Bangkok on how the Thai monarchy affects people’s lives and whether the institution should be reformed.

On January 9, 2023, the Bangkok Criminal Court revoked Sopon and Natthanit’s bail and ordered their detention, on the ground that the two violated the bail conditions of their temporary release, granted on May 31, 2022, and August 4, 2022, respectively, by participating in an anti-government protest on November 17, 2022, during the Asia-Pacific Economic Cooperation (APEC) Summit in Bangkok….

It adds:

The Observatory expresses its deepest concern about the arbitrary detention and judicial harassment of Sopon and Natthanit, who seem to be only targeted for the legitimate exercise of their rights to freedom of expression and freedom of peaceful assembly….

The second is from Global Voices. It begins:

A ministerial decree issued by the government of Thailand detailing procedures for the “Suppression of Dissemination and Removal of Computer Data from the Computer System B.E. 2565” took effect on December 25, 2022. The decree passed despite calls from various civil society organizations to withdraw the new regulation because it contains provisions that could further suppress online free speech.

Noting that content could be removed without a court order, NGOs considered the decree “another tool of control for the authorities to silence critical dissent, and a reflection of the digital dictatorship in Thailand.”

AI Thailand on political prisoners

Amnesty International Thailand has delivered a petition of 4,701 Thai citizens “to call for the release, dismissed the allegations and restored bail rights to activists who are being held in custody pending trial. As well as, to demand that Thailand’s government uphold its commitments to international human rights standards, including the right to bail, freedom of expression, association, and peaceful assembly.”

The petition “was delivered to Mr. Somsak Thepsuthin, the Minister of Justice, by Mr. Wallop Nakbua, the Deputy Permanent Secretary for Justice, who also served as the Minister of Justice’s representative…”.

AI’s news release states:

Piyanut Kotsan, Director of Amnesty International Thailand said that according to the Amnesty International Secretariat in London, United Kingdom has launched an urgent operation inviting members, activists, and supporters to send a letter to Mr. Somsak Thepsuthin, the Minister of Justice, demanded the release of the activists and the withdrawal of all accusations. Additionally, they urged Thai authorities to adhere to their commitments under international human rights law, which mandate that they should protect citizens’ rights to freedom of expression, association, and peaceful assembly and minimize detention pending review. This campaign was in effect until August 9th.

Since 2 June 2022, two women have been on hunger strike calling for their right to bail. They have been detained since 3 May 2022. Authorities have started criminal proceedings against them and one other, who is on bail under house arrest, for conducting street polls. The Thai government is required by international human rights commitments to effectively protect the rights to freedom of expression and peaceful assembly and to minimize pretrial detention. All allegations against the three must be dismissed, and they must be released right away.

Thai authorities have carried out a wide-ranging crackdown on peaceful protest and online discussion since overwhelmingly peaceful pro-democracy reform protests started in July 2020. Officials are using vaguely worded provisions of laws – on security, the monarchy and computer crimes – as instruments of repression and are interpreting the peaceful exercise of rights as a threat to security or public order, or offence to the monarchy, and subsequently file criminal proceedings against activists which may result in up to life imprisonment.

The Director of Amnesty International Thailand also announced that over the course of more than a month through Amnesty International has campaigned to compile names under urgent action that are campaigning around the world. Calling for the release of two protest activists who have been on hunger strike including Bung, Netiporn Sanesangkhom and Bai Por, Nutthanit Duangmusit who demand their rights to bail. Both were detained on May 3, 2022 and released on August 4, 2022. Despite being given bail, authorities have launched criminal prosecutions against the two. However, as a result of the 64-day hunger strike has resulted in health ramifications for the body, which now requires hospitalization to recover. While Tawan, Thantawan Tuatulanon, who had previously been granted bail, is being sentenced to home detention for 24 hours after conducting street polls.

Clipped from AI Thailand

Since May 3, 2022, Netiporn and Nutthanit have been detained, with their requests for bail repeatedly denied. They have been on hunger strike since 2 June 2022 in protest of their detention. After going on a 36-day hunger strike in detention after authorities revoked her initial/earlier bail on 20 April 2022, Tantawan is currently on bail under house arrest

Prominent protesters have also faced months of arbitrary pre-trial detention, often compromising their rights to education and access to a livelihood. They are currently subject to increasingly restrictive bail conditions which stringently limit their human rights to freedom of movement, expression and peaceful assembly, including requirements to stay within their places of residence for up to 24 hours daily, unless for medical treatment, and wear electronic monitoring bracelets 24 hours a day.

During 2022, Thai authorities have filed criminal proceedings against protesters in connection with their public peaceful activism. Officials continue to increase their judicial harassment of people engaging in acts of perceived public dissent, including children, and are escalating measures to stifle public expressions of opinion and peaceful protest and are imposing excessive restrictions on people’s right to peaceful protest and expression.

Amnesty International has the following requests for the Thai government in this regard:

• • Immediately release and/or withdraw charges and excessive bail conditions against people targeted for peaceful exercise of their rights and drop all criminal proceedings against them;

  • Pending the release of people targeted for peaceful exercise of their rights, ensure they have adequate access to medical treatment;

  • Instruct officials to uphold Thailand’s international human rights obligations, including on the right to bail, freedom of expression, association and peaceful assembly.

Updated: Junta-style business (as usual) IV

Two more reports show that despite the junta/post-junta regime is conducting (political) business as usual.

Amnesty International has issued a report – They Are Always Watching – denouncing the regime’s continuing persecution of “social media users who criticize the government and monarchy…”. It says this is “a systematic campaign to crush dissent which is being exacerbated by new COVID-19 restrictions…”.

The military-backed authorities have”increased the use of vague or overly broad laws to bring criminal charges against dozens of peaceful critics since being elected [sic.] last year.” It refers to a “climate of fear designed to silence…”, with “[m]any of those targeted for their online posts are currently awaiting trial and could face up to five years in prison and heavy fines.”

The restrictions that follow from the regime’s declaration of emergency powers have further limited freedom of expression and peaceful assembly.

Of course, all of this is a continuation and deepening of political repression that came with the 2014 military coup. Thailand is now coming up to sixth year of military repression.

The report provides numerous examples of the most recent efforts by the military, police and regime to silence dissent.

Noting the “pause” in the use of lese majeste – an effort by the king to bolster his damaged reputation –  critics of the monarchy now face the Computer Crimes Act and sedition charges.

Business as usual for the junta/post-junta regime.

Adding to the weight of evidence for decline, Reporters Without Borders (RSF) 2020 World Press Freedom Index shows how Thailand’s ranking has declined further. Thailand now ranks 140th of 180 countries, ranked below Myanmar, and having fallen four places in the global ranking. Being in the press basement puts Thailand in some very dubious company.

RSF states:

… the long-promised elections held in March 2019 made no difference to the total control wielded by the elite surrounding Gen. Prayuth [Chan-ocha], who is now prime minister, defence minister and chief of the Royal Thai Police.

Any criticism of the government is liable to lead to harsh reprisals facilitated by draconian legislation and a justice system that follows orders.

Business as usual for the junta/post-junta regime.

Update: For the junta/post-junta’s view, read the letter to the New York Times by an official. It essentially takes The Dictator’s line that “life trumps liberty.” Thailand’s officials are becoming increasingly combative with the international media – except on the king, where there’s a stunning and incriminating silence. Perhaps they are being advised by the Chinese and  Singaporean regimes.

Erase the junta’s “law”

Prachatai recently reported on an important intervention by the International Commission of Jurists, seeking to “the repeal or amendment of Head of the National Council for Peace and Order (NCPO) and NCPO orders and announcements in line with Thailand’s international human rights law obligations.”

While this approach to the Council of State is likely to be ignored, it is responding to Ministry of Foreign Affairs advice that the Council of the State “had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the Head of the NCPO (HNCPO) in February 2019.” That review is responding to “Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.”

To read the ICJ’s recommendations, download its 15-page document. Importantly, it urges:

… that Thailand immediately end the use of special powers, including those enshrined under Article 44 of the 2014 interim Constitution, and retained through Article 265 of the 2017 Constitution.

And, it goes on to list the junta’s contraventions of the country’s international obligations: military involvement in civilian law enforcement, arbitrary detention and arrest, lack of judicial oversight for detainees, the inability to legally challenge detention, the use of military courts, the restriction of peaceful assembly, restrictions on the media, and the infringement of community and environmental rights.

Academics in court III

Thai Lawyers for Human Rights report that the court in Chiang Mai has dismissed the ludicrous case against five academics, students and others who attended the International Conference on Thai Studies.

That’s good news.

The court’s dismissal stated that The Dictator’s recent Order No. 22/2561 meant that the charges brought against the five no longer constitutes an offense.

At the same time, the Court declared that the prosecution of similar cases executed under junta Announcements and Orders were not affected by this decision.

We at PPT are not lawyers or legal experts, but this court’s decision strikes us as bizarre. Its “reasoning” is entirely opaque. How this particular case can be declared to no longer exist because of Order No. 22/2561, why does this legal logic not apply to other, similar cases? If anyone knows, be in touch with us.

At present, we can only think that the decision by the court is a way to avoid an embarrassing case around the time of an “election.”

Begging the junta to do the right thing

Begging the junta to do the right thing might seem about as useful as talking to a brick wall, especially when it has almost no track record on human rights or basic humanity. Think of the lying that still goes on about the 2010 massacre perpetrated by the Army.

Even so, a couple of human rights protectors have stepped up.

The first is the very honorable National Human Rights Commissioner Angkhana Neelapaijit. She’s about the only person on the NHRC who ever does anything much about human rights. The rest of the NHRC makes up a part of the junta’s brick wall.

She has requested that junta “respect international standards and refrain from extraditing a former national team footballer to stand trial in Bahrain.” This refers to Hakeem Al-Araibi’s detention in Bangkok. He’s been detained for 13 days now, despite being recognized and registered as a refugee by the UN and Australia.

Angkhana said she wanted to see Hakeem “treated fairly because he has refugee status from the United Nations High Commissioner for Refugees (UNHCR). Due to his status, he should be protected under international law.” She added that the junta’s government “does not have to extradite him.”

As we know, however, such international norms are ignored by the junta. In any case, the “Attorney-General’s office on Friday submitted an extradition request to the Criminal Court on Bahrain’s behalf as the Gulf state has an outstanding arrest warrant for him.” He goes before one of the junta’s courts on Tuesday, and FIFA, the UN and human rights groups all have their fingers crossed that the junta may do the right thing (for a change).

Usually meek before the junta, the Australian government’s Foreign Minister has finally demanded that “Thailand release … Hakeem al-Araibi from detention and return him to Australia, setting the stage for a diplomatic clash.” In some media in Thailand this was crippled by the use of “urge” rather than “demand.”

The second instance of begging the junta to do the right thing is like spitting into the wind.

Amnesty International, noting that the military thugs have only said they will lift some restrictions, it has “issued a call for the “junta to end all restrictions on human rights before the next election tentatively scheduled for February 24.” It emphasized that the junta “must fully lift the arbitrary restrictions on freedom of expression, peaceful assembly and association…”.

Looking to the elections, AI stated that the junta:

… allow people to receive and distribute information online and from the media, engage in public debate and campaigns, gather peacefully and demonstrate, criticise politicians and express diverse or dissenting viewpoints without fear of imprisonment or persecution.

And AI went further:

The authorities should also send a clear signal of their commitment to uphold these rights by dropping charges – and repealing convictions – of all individuals targeted solely for peacefully exercising their rights….

The junta is as unlikely to accept such “radical” proposals as it would admit its murderous role in 2010 when it shot dozens of demonstrators.

Planning massive electoral fraud

In a bizarre defense of lese majeste and the military dictatorship, Foreign Minister and junta slitherer Don Pramudwinai has not only defended the feudal lese majeste law, but rejected the idea that the junta’s rigged election could be observed by foreigners.

We have posted a couple of times that the junta seems willing to engaged not just in election rigging but perhaps to engage in old-fashioned election theft, including ballot box stuffing.

Don’s rejection of foreign election observers as “inauspicious” seems to us to confirm the junta’s willingness for massive election cheating.

The foreign minister bleated that having such independent observers would be an affront to Thailand’s “dignity.” He means the junta’s “face.” He then went further.

Claiming independent election observers are unnecessary, Don stated that Thailand “is not a problematic country…”. While the junta seized power through an illegal coup, Don defended this claiming what we term Thai-style authoritarianism:

The current government came from a coup but is different from other coups in the world, because we don’t forbid or remove rights excessively to the point where it affects the majority….

In other words, a regime that has railed against the “majoritarianism” of electoral politics now defends repression of political “minorities.”

Don then claimed that “elections” are an “internal affair” and said he favored “local observers…”. We know that the regime has already “trained” and indoctrinated thousands of “local observers” who will work for the military regime.

The foreign minister went on and on in defending his military superiors, defending their laws that ban on political assembly. He then got caught in his own deceptions and lies, saying that such restrictions were not restrictions: “there had been no restrictions in expressing views over the past four years.”

The only conclusion to be drawn from such maniacal contradictions is that the military junta is considering massive electoral fraud.

Commentary on the junta’s rigged election I

There have been several recent articles on the junta’s rigged election. We will look at some of these in this and further posts.

PPT kind of liked a piece at Deutsche Welle that begins with a statement of fact that has been neglected by other media: “Thailand’s military government says it wants to hold elections early next year, after the generals cemented their control over the state and its institutions.”

Academic Wolfram Schaffar says there’s “growing discontent even among sections that have been traditionally close to the military” over its repeated failure to keep its promises on elections and to stick in power.

We are not convinced that the 2014 military coup was “met with widespread approval,” or that the DW characterization of the period prior to the coup is accurate.

It is on stronger ground when quoting Schaffar as saying that the “military took over not to repair democracy, but to stay in power indefinitely…”, or at least to ensure that no real electoral democracy emerged.

It notes the rigging of the rules via an anti-democratic constitution, approved in a rigged referendum where “all sorts of restrictions were imposed, including barring any public discussion over the constitution as well as curtailing the freedom of expression, assembly and the press.”

The resulting rules mean “a weakening of the Thai parliament and strengthened the hand of the prime minister.” Schaffar says the “military is now closely intertwined with the country’s political bodies and institutions…”.

He correctly observes that the “next elections will not be free and fair.”

DW also notes that the “military stands above everything and will likely retain its dominant position…”. It also notes the unfairness of the current regime that campaigns for elections while banning its opponents from organizing and campaigning.

Free election? No. Fair election? No.

HRW on The Dictator’s European holiday

Reproduced in full from Human Rights Watch:

UK Prime Minister Theresa May and French President Emmanuel Macron should press Thailand’s junta leader to respect human rights and ensure a rapid transition to democratic civilian rule, Human Rights Watch said today. Prime Minister Gen. Prayut[h] Chan-ocha is scheduled to meet with Prime Minister May on June 20, 2018, in London and President Macron on June 25 in Paris.

“Prime Minister May and President Macron should strongly express their deep concerns about the deteriorating state of human rights under military rule in Thailand,” said Brad Adams, Asia director. “They should make clear to General Prayut that there will be no return to business as usual until Thailand holds free and fair elections, establishes a democratic civilian government, and improves respect for human rights.”

The UK and France are among major allies of Thailand that have repeatedly stated that bilateral relations will only be normalized when democracy is fully restored through free and fair elections.

Thailand has made no progress toward becoming the rights-respecting, democratic government that General Prayut promised as the country enters its fourth year after the May 2014 coup. As chairman of Thailand’s ruling National Council for Peace and Order (NCPO), General Prayut wields power unhindered by administrative, legislative, or judicial oversight or accountability, including for human rights violations. NCPO Orders 3/2015 and 13/2016 provide military authorities with powers to secretly detain people for up to seven days without charge and to interrogate suspects without giving them access to legal counsel, or providing safeguards against mistreatment.

General Prayut’s much touted “road map” on human rights and the return to democratic civilian rule has become meaningless. The junta’s promised election date continues to slide, making the timing wholly uncertain, and it has provided few reasons to believe that an election, if held, will be free and fair. Unless the junta lifts its severe restrictions on fundamental freedoms, Thailand’s political parties, media, and voters will not be able to participate in a genuinely democratic process.

The junta has routinely enforced censorship and blocked public discussions about the state of human rights and democracy in Thailand. Hundreds of activists and dissidents have been prosecuted on criminal charges such as sedition, computer-related crimes, and lese majeste (insulting the monarchy) for the peaceful expression of their views. Public gatherings of more than five people and pro-democracy activities are prohibited.

More than 100 pro-democracy activists have recently faced illegal assembly charges, some of whom have also been accused of sedition, for peacefully demanding that the junta should hold its promised election without further delay and that it should immediately lift all restrictions on fundamental freedoms. Over the past four years, the military has summoned thousands of people to have their political attitudes “adjusted” and pressured to stop criticizing the junta.

Trying civilians in military courts, which lack independence and do not comply with fair trial standards, remains a major problem. In response to criticism, General Prayut in September 2016 revoked NCPO orders that empowered military courts to try civilians. But the order is not retroactive so it does not affect the more than 1,800 military court cases already brought against civilians, many of them pro-democracy activists, politicians, lawyers, and human rights defenders.

The junta has disregarded Thailand’s obligation to ensure that all human rights defenders and organizations can carry out their work in a safe and enabling environment. Government agencies have frequently retaliated against individuals who report allegations of abuses by filing criminal charges, including for criminal defamation.

Prime Minister May and President Macron should recognize that the UK and France stand to benefit far more from a partnership with a country that respects human rights and rule of law. They should urge the Thai government to urgently:

– End the use of abusive and unaccountable powers under sections 44 and 48 of the 2014 interim constitution;

– End restrictions on the rights to freedom of expression, association, and peaceful assembly;

– Lift the ban on political activities;

– Release all dissidents and critics detained for peaceful criticism of the junta;

– Drop sedition charges and other criminal lawsuits related to peaceful opposition to military rule;

– Transfer all civilian cases from military courts to civilian courts that meet fair trial standards; and

– Ensure a safe and enabling environment for human rights defenders to work, including by dropping criminal lawsuits against them.

“Business deals should not come at the expense of serious discussions on human rights and the junta’s tightening grip on power,” Adams said. “The UK and French governments need to press the junta to end repression so that Thailand can move toward democratic civilian rule.”

Beware talk of a “third hand”

Just over a week ago PPT posted about several dire warnings made by the likes of National Security Council chief Gen Wanlop Rugsanaoh who publicly worried that pro-election campaigners would resort to violence. That was about a rally on 22 May.

We at PPT wondered and worried about this warning. None of the many small protests by those involved in the anti-junta campaign had ever resulted in violence. Mostly they led to arrests and charges by the authorities acting to protect the military junta and The Dictator.

We wondered why the general made such a statement. Was he thinking of a “third hand”? As we said after an ISOC “warning,” along the same lines, ISOC has, in the past, often provided the “third hands.”

As another set of small rallies is held and looms, a Bangkok Post report states that police “have begun implementing stringent security measures to deter attempts to smuggle weapons into Bangkok ahead of the planned march by anti-regime groups on Tuesday…”.

In making such claims, even the usual blather about “intelligence reports” is missing. The police simply appear to be concocting plots. But to what end? Again, we worry about the “third hand” provided by the state. We have seen it too many times in the past.

This time it is Deputy national police chief Srivara Ransibrahmanakul who talks of the need to “deter any attempts by a third party to stir up unrest during the demonstration…”.

The police general said “several hundred police officers are set to be deployed on Tuesday” when a 4-year anniversary of the 2014 coup rolls around.

For good measure, “Pol Gen Srivara has threatened legal action against the protesters if they march to Government House.”

In this context of threat, we are pleased to note that groups identifying themselves as civil society organizations have come together to launch today a “Public Assembly Observation and Documentation for Human Rights” monitoring coalition that will “monitor and document what happens at a public assembly using a human rights based approach.” Its operation are said to have begun on 19 May. Piyanut Kotsan, a spokesperson for the Public Assembly Observation and Documentation for Human Rights, explained:

the network has been banded together with an aim to streamline and justify the roles of observers making their roles distinct from those participating in a public assembly. They are there simply to document the realities utilizing human rights indicators and to practice their skills in observing a public assembly professionally.

The Network is likely to risk criticism by the junta and its thugs, used to impunity in their actions.