BANGKOK; The Bangkok South Criminal Court decided today to indict migrants' rights researcher and human rights defender Andy Hall in a criminal defamation and Computer Crimes Act case filed against him by a pineapple processing company, Natural Fruit Company Ltd.
''The Bangkok South Criminal Court had an opportunity to put an end to a saga of intimidation already lasting 30-months aimed at nothing but gagging a human rights defender,'' said Sonja Vartiala, executive director of Finnwatch.
''Regrettably the Court chose instead to press on with a trial of these unfounded charges.''
Natural Fruit has filed altogether four cases against Andy Hall following the publication and dissemination of a Finnwatch report 'Cheap Has a High Price' in early 2013.
The report, which Andy Hall contributed research to, was based on information gathered through interviews with the workers of a Natural Fruit Company Ltd. pineapple processing factory and exposed labor rights violations at the plant.
Natural Fruit did not comment on the research findings prior to the publication of the report, although given ample opportunity to do so.
The criminal defamation and Computer Crimes Act case, to which today's decision to indict relates to, is the most severe of all the cases filed against Andy Hall, and carries a maximum penalty of seven years imprisonment.
Court ordered defendant Andy Hall to appear to plead on October 19. He will then face detention, official charging and can request bail.
''To equate someone's reputation with another person's liberty is always disproportionate. Thailand should abolish its criminal defamation laws as they infringe on freedom of expression,'' said Vartiala.
''At this point, the prospects for Andy Hall to receive a fair trial are looking grim,'' she added.
Of the other three cases, one is for criminal defamation and the other two are civil defamation cases where damages of 400,000,000 baht are being claimed by Natural Fruit Company Ltd.
Prakanong Court heard the first criminal defamation case already in 2014. The hearings were marred with the prosecution's failure to make full disclosure to the defence of all evidence available to them, Thai authorities' failure to provide critically important information to the defence when requested and witness intimidation among other issues.
Subsequently, the Prakanong Court dismissed the charges. The Office of the Attorney General has appealed the decision, urging the case to be reopened.
A decision on this appeal is expected on September 25.
The hearings for the civil defamation cases have not been scheduled.
To date no one has been held accountable for the labor rights violations at the Natural Fruit pineapple processing plant.
Declaration of Interest
A verdict is due on September 1 in the criminal defamation and Computer Crimes Act action against Phuketwan journalists Chutima Sidasathian and Alan Morison. The pair are being sued by the Royal Thai Navy over a 41-word paragraph republished from a Reuters series on Burma's Rohingya boatpeople. The series won a Pulitzer Prize.
The Royal Thai Navy's precedent-setting military-versus-media action predates last May's Army takeover in Thailand. Maximum penalty for Morison and Khun Chutima is seven years' jail.
The journalists remain on bail of 100,000 baht each, provided by the Andaman Community Rights and Legal Aid Centre, based in Trang province. Other groups and organisations have also offered financial help.
Most of the legal costs of the case are being met by the London-based Media Legal Defence Initiative.
In Thailand, a group of more than 10 lawyers have teamed up to provide legal counsel. They include the Human Rights Lawyers' Association, iLaw and SR Law.
WATCH Journey into Hell, by Four Corners
From Burma through Thailand, an award-winning current affairs team traces official complicity in the brutal treatment of the Rohingya and Phuketwan's part in its exposure.
http://www.abc.net.au/4corners/stories/2015/06/22/4257490.htm
WATCH How Trafficking Works
Phuketwan Investigative reporter Chutima Sidasathian says of traficking in 2014: ''It's worse and worse, day by day. Nobody cares''.
http://journeyman.tv/67116/short-films/rohingya-hd.html
LISTEN The Rohingya Solution
A tragedy almost beyond words has been unfolding in Thailand, where a human smuggling network is thriving with the full knowledge of some corrupt law enforcement officers. Alan Morison of Phuketwan talks to Australia's AM program.
http://www.abc.net.au/am/content/2015/s4231108.htm
''The Bangkok South Criminal Court had an opportunity to put an end to a saga of intimidation already lasting 30-months aimed at nothing but gagging a human rights defender,'' said Sonja Vartiala, executive director of Finnwatch.
''Regrettably the Court chose instead to press on with a trial of these unfounded charges.''
Natural Fruit has filed altogether four cases against Andy Hall following the publication and dissemination of a Finnwatch report 'Cheap Has a High Price' in early 2013.
The report, which Andy Hall contributed research to, was based on information gathered through interviews with the workers of a Natural Fruit Company Ltd. pineapple processing factory and exposed labor rights violations at the plant.
Natural Fruit did not comment on the research findings prior to the publication of the report, although given ample opportunity to do so.
The criminal defamation and Computer Crimes Act case, to which today's decision to indict relates to, is the most severe of all the cases filed against Andy Hall, and carries a maximum penalty of seven years imprisonment.
Court ordered defendant Andy Hall to appear to plead on October 19. He will then face detention, official charging and can request bail.
''To equate someone's reputation with another person's liberty is always disproportionate. Thailand should abolish its criminal defamation laws as they infringe on freedom of expression,'' said Vartiala.
''At this point, the prospects for Andy Hall to receive a fair trial are looking grim,'' she added.
Of the other three cases, one is for criminal defamation and the other two are civil defamation cases where damages of 400,000,000 baht are being claimed by Natural Fruit Company Ltd.
Prakanong Court heard the first criminal defamation case already in 2014. The hearings were marred with the prosecution's failure to make full disclosure to the defence of all evidence available to them, Thai authorities' failure to provide critically important information to the defence when requested and witness intimidation among other issues.
Subsequently, the Prakanong Court dismissed the charges. The Office of the Attorney General has appealed the decision, urging the case to be reopened.
A decision on this appeal is expected on September 25.
The hearings for the civil defamation cases have not been scheduled.
To date no one has been held accountable for the labor rights violations at the Natural Fruit pineapple processing plant.
Declaration of Interest
A verdict is due on September 1 in the criminal defamation and Computer Crimes Act action against Phuketwan journalists Chutima Sidasathian and Alan Morison. The pair are being sued by the Royal Thai Navy over a 41-word paragraph republished from a Reuters series on Burma's Rohingya boatpeople. The series won a Pulitzer Prize.
The Royal Thai Navy's precedent-setting military-versus-media action predates last May's Army takeover in Thailand. Maximum penalty for Morison and Khun Chutima is seven years' jail.
The journalists remain on bail of 100,000 baht each, provided by the Andaman Community Rights and Legal Aid Centre, based in Trang province. Other groups and organisations have also offered financial help.
Most of the legal costs of the case are being met by the London-based Media Legal Defence Initiative.
In Thailand, a group of more than 10 lawyers have teamed up to provide legal counsel. They include the Human Rights Lawyers' Association, iLaw and SR Law.
WATCH Journey into Hell, by Four Corners
From Burma through Thailand, an award-winning current affairs team traces official complicity in the brutal treatment of the Rohingya and Phuketwan's part in its exposure.
http://www.abc.net.au/4corners/stories/2015/06/22/4257490.htm
WATCH How Trafficking Works
Phuketwan Investigative reporter Chutima Sidasathian says of traficking in 2014: ''It's worse and worse, day by day. Nobody cares''.
http://journeyman.tv/67116/short-films/rohingya-hd.html
LISTEN The Rohingya Solution
A tragedy almost beyond words has been unfolding in Thailand, where a human smuggling network is thriving with the full knowledge of some corrupt law enforcement officers. Alan Morison of Phuketwan talks to Australia's AM program.
http://www.abc.net.au/am/content/2015/s4231108.htm
Another day of shame
Posted by Ian Yarwood on August 24, 2015 10:48