BANGKOK: The European Union Delegation and EU ambassadors have just released the following statement:
''The EU Delegation reaffirms the EU's strong commitment to the Thai people with whom the EU has strong and longstanding political, economic and cultural ties and people to people contacts. As a friend and partner of Thailand, the EU has repeatedly called for the democratic process to be restored.
''At a time when the drafting process of a new constitution is starting, the EU Delegation again calls upon the Thai government to respect freedom of speech and assembly. Only a full and free public debate in which also critical voices can be heard will allow for true reform and reconciliation.
''The EU Delegation believes that the rule of law and the protection and promotion of human rights are crucial elements for stability and progress and calls upon the Thai authorities to abide by Thailand's obligations under the International Covenant on Civil and Political Rights.''
The highly-regarded International Commission of Jurists, with Thai Lawyers for Human Rights, has just made a submission to the UN Human Rights Council for the Second Universal Periodic Review of Thailand, due in April, 2016.
The submission details the situation in Thailand and makes recommendations on such issues as human rights, enforced disappearances, torture and other ill-treatment.
Under the heading Criminal Defamation the organisations have this to say:
27. Numerous human rights defenders have faced criminal defamation lawsuits in Thailand, under articles 326 to 328 of the Thai Criminal Code. Criminal defamation under articles 326 and 327 carry a maximum sentence of one year's imprisonment whilst criminal defamation by ''means of publication'' under article 328 carries a sentence of up to two years' imprisonment.
If the alleged defamation is perpetrated through a computer system, defendants are sometimes also charged under article 14 the vaguely worded Computer Crimes Act, which carries a maximum sentence of five years' imprisonment.
The ICJ has called for Thailand's criminal defamation laws to be repealed.
28. Natural Fruit Company Ltd. has filed four criminal and civil defamation complaints against Andy Hall, a British human rights defender and labor researcher in Thailand working with a Finnish NGO, Finnwatch. In January 2013, Hall's findings were published in a Finnwatch report called 'Cheap Has a High Price.'
The report alleged various human rights violations taking place at the company such as the confiscation of employees' passports; violence from guards and superiors; dangerous working conditions; child labor; and illegally low wages and overtime.
On September 18, 2015, the Thai Appeal Court dismissed one of the criminal defamation proceedings. The other three proceedings are still before the courts (in one of the proceeding Hall is also charged with offences under the Computer Crimes Act)
29. In December 2013, the Royal Thai Navy lodged a criminal complaint against the editors of an online news website in Thailand, Phuketwan, for quoting a Reuters article that implicated ''Thai naval forces'' in the trafficking of Rohingya.
The two journalists were charged with criminal defamation and an offence under the Computer Crimes Act. Despite international pressure, including by the ICJ, to drop the charges, a three-day trial took place in July,2015. On September 1, 2015, the Court acquitted both accused on all counts, ruling, inter alia, that the Computer Crimes Act was not intended to be used in cases of defamation.
The prosecution had 30 days from the date of the decision to lodge an appeal, which had not expired at the time of this submission.
30. On 20 May 2014, the Royal Thai army filed a criminal complaint against human rights defender, Pornpen Khongkachonkiet, and her organisation, Cross Cultural Foundation (CrCF), for ''damaging the reputation'' of the Paramilitary Unit in the deep South of Thailand after she wrote an open letter requesting an investigation into allegations that military personnel had beaten a man during arrest.
In August 2015, the police informed Pornpen Khongkachonkiet that the prosecutor has decided not to prosecute her.
31. At a preliminary hearing on August 20, 2015, a Court in Mae Sot indicted a community based human rights defender, Suraphan Rujichaiwat, from Loei Province, on charges of criminal defamation and violation of section 14(1) of the Computer Crimes Act.
The case concerns the private prosecution of Rujichaiwat by a gold mining company, Tungkhum Company, which is in a dispute with the local community about the impact of its operations in the area.
32. While in some of these cases the prosecuting authorities or the Courts have eventually acted in manner consistent with the freedom of expression and opinion of the individuals concerned, the ICJ and TLHR remain concerned about the chilling effect that the continued existence of and resort to criminal defamation have on the rights to freedom of opinion and expression in the country.
About the International Commission of Jurists
Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists (ICJ) promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952, in consultative status with the Economic and Social Council since 1957, and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realisation of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession.
About Thai Lawyers for Human Rights
Thai Lawyers for Human Rights (TLHR), a coalition of human rights lawyers and defenders, formed immediately following the May 2014 coup d'etat in Thailand. The collective's aim has since been to raise awareness about human rights violations resulting from the imposition of martial law and military rule in the country. The organisation runs a 24-hour hotline and uses the information gathered to disseminate public awareness and advice for those summoned or arrested. TLHR provides free litigation and legal assistance for vulnerable people whose rights have been affected by martial law and who do not have legal representatives.
''The EU Delegation reaffirms the EU's strong commitment to the Thai people with whom the EU has strong and longstanding political, economic and cultural ties and people to people contacts. As a friend and partner of Thailand, the EU has repeatedly called for the democratic process to be restored.
''At a time when the drafting process of a new constitution is starting, the EU Delegation again calls upon the Thai government to respect freedom of speech and assembly. Only a full and free public debate in which also critical voices can be heard will allow for true reform and reconciliation.
''The EU Delegation believes that the rule of law and the protection and promotion of human rights are crucial elements for stability and progress and calls upon the Thai authorities to abide by Thailand's obligations under the International Covenant on Civil and Political Rights.''
The highly-regarded International Commission of Jurists, with Thai Lawyers for Human Rights, has just made a submission to the UN Human Rights Council for the Second Universal Periodic Review of Thailand, due in April, 2016.
The submission details the situation in Thailand and makes recommendations on such issues as human rights, enforced disappearances, torture and other ill-treatment.
Under the heading Criminal Defamation the organisations have this to say:
27. Numerous human rights defenders have faced criminal defamation lawsuits in Thailand, under articles 326 to 328 of the Thai Criminal Code. Criminal defamation under articles 326 and 327 carry a maximum sentence of one year's imprisonment whilst criminal defamation by ''means of publication'' under article 328 carries a sentence of up to two years' imprisonment.
If the alleged defamation is perpetrated through a computer system, defendants are sometimes also charged under article 14 the vaguely worded Computer Crimes Act, which carries a maximum sentence of five years' imprisonment.
The ICJ has called for Thailand's criminal defamation laws to be repealed.
28. Natural Fruit Company Ltd. has filed four criminal and civil defamation complaints against Andy Hall, a British human rights defender and labor researcher in Thailand working with a Finnish NGO, Finnwatch. In January 2013, Hall's findings were published in a Finnwatch report called 'Cheap Has a High Price.'
The report alleged various human rights violations taking place at the company such as the confiscation of employees' passports; violence from guards and superiors; dangerous working conditions; child labor; and illegally low wages and overtime.
On September 18, 2015, the Thai Appeal Court dismissed one of the criminal defamation proceedings. The other three proceedings are still before the courts (in one of the proceeding Hall is also charged with offences under the Computer Crimes Act)
29. In December 2013, the Royal Thai Navy lodged a criminal complaint against the editors of an online news website in Thailand, Phuketwan, for quoting a Reuters article that implicated ''Thai naval forces'' in the trafficking of Rohingya.
The two journalists were charged with criminal defamation and an offence under the Computer Crimes Act. Despite international pressure, including by the ICJ, to drop the charges, a three-day trial took place in July,2015. On September 1, 2015, the Court acquitted both accused on all counts, ruling, inter alia, that the Computer Crimes Act was not intended to be used in cases of defamation.
The prosecution had 30 days from the date of the decision to lodge an appeal, which had not expired at the time of this submission.
30. On 20 May 2014, the Royal Thai army filed a criminal complaint against human rights defender, Pornpen Khongkachonkiet, and her organisation, Cross Cultural Foundation (CrCF), for ''damaging the reputation'' of the Paramilitary Unit in the deep South of Thailand after she wrote an open letter requesting an investigation into allegations that military personnel had beaten a man during arrest.
In August 2015, the police informed Pornpen Khongkachonkiet that the prosecutor has decided not to prosecute her.
31. At a preliminary hearing on August 20, 2015, a Court in Mae Sot indicted a community based human rights defender, Suraphan Rujichaiwat, from Loei Province, on charges of criminal defamation and violation of section 14(1) of the Computer Crimes Act.
The case concerns the private prosecution of Rujichaiwat by a gold mining company, Tungkhum Company, which is in a dispute with the local community about the impact of its operations in the area.
32. While in some of these cases the prosecuting authorities or the Courts have eventually acted in manner consistent with the freedom of expression and opinion of the individuals concerned, the ICJ and TLHR remain concerned about the chilling effect that the continued existence of and resort to criminal defamation have on the rights to freedom of opinion and expression in the country.
About the International Commission of Jurists
Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists (ICJ) promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952, in consultative status with the Economic and Social Council since 1957, and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realisation of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession.
About Thai Lawyers for Human Rights
Thai Lawyers for Human Rights (TLHR), a coalition of human rights lawyers and defenders, formed immediately following the May 2014 coup d'etat in Thailand. The collective's aim has since been to raise awareness about human rights violations resulting from the imposition of martial law and military rule in the country. The organisation runs a 24-hour hotline and uses the information gathered to disseminate public awareness and advice for those summoned or arrested. TLHR provides free litigation and legal assistance for vulnerable people whose rights have been affected by martial law and who do not have legal representatives.
In my opinion, the EU needs to go sort out its own problems before preaching to other countries.
Look where EU democracy got the Middle East & Africa (with the backlash felt in Europe) when they deposed the 2 'dictators' who were holding the region together in Iraq & Libya.
We laugh at Thais globe trotting at great expense; well these delegates & ambassadors are no different; I doubt they fly economy class or on budget airlines.
Posted by Logic on September 24, 2015 13:34