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The
Observatory has been informed about the sixth and latest conviction
and subsequent prison sentence of Mr Anon
Nampa,
a prominent pro-democracy activist and human rights lawyer who has
been arbitrarily imprisoned since September 26, 2023.
On
19 December 2024, the Bangkok
Criminal Court
found Anon Nampa guilty under Article 112 (“lèse-majesté”)1
and 116 (“sedition”) of Thailand’s Criminal Code, and sentenced
him to two years and eight months in prison, reduced from four years
because the court deemed Mr Anon's testimony useful to the trial.
This
conviction stems from Anon Nampa’s peaceful speech advocating for
monarchy reforms he delivered at a Harry-Potter themed protest on 3
August 2020 (case know as “Harry Potter 1” case), during which Mr
Anon made remarks critical of Thai King Rama X.
The
Observatory notes with grave concern that this marks the sixth
conviction of Anon Nampa under Article 112 of the Criminal Code, all
of which have been related to his criticism of the Thai monarchy. Mr
Anon will now serve a total of 18 years and eight months in prison
for lèse-majesté, in addition to two months and 20 days stemming
from two convictions on peaceful protest-related charges, including
for violation of the Emergency Decree.
At
the time of publication of this Urgent Appeal, Mr Anon was still
detained the Bangkok Remand Prison, where he has been arbitrarily
imprisoned since his first lèse-majesté conviction on 26 September
2023. Since his previous conviction on 3 December 2024, Mr Anon may
be transferred to Klong Prem Central Prison in Bangkok, where
prisoners sentenced to more than 15 years are held.
The
Observatory recalls that on 26 September 2023, the Criminal Court
sentenced
Anon Nampa to four years in prison on one count of “lèse-majesté”,
and imposed a fine of 20,000 baht (approximately 525 Euros) for
violation of the Emergency Decree. On 30 September 2023, the Court of
Appeals rejected Mr Anon’s request for bail, citing the severity of
his sentence and the fact that he would be a flight risk, if released
on bail. On 17 January 2024, the Bangkok Criminal Court found Anon
Nampa guilty of one count of lèse-majesté and Article 14(3) of the
Computer Crimes Act2,
and sentenced
him to four years in prison. On 29 April 2024, the Bangkok South
Criminal Court found Mr Anon guilty under one count of lèse-majesté
and
the Emergency Decree, and sentenced
him to two years and 20 days in prison. On 25 July 2024, the Bangkok
Criminal Court found Anon Nampa guilty under Article 112 of
Thailand’s Criminal Code and Article 14 of the Computer Crimes Act,
and sentenced
him to four years in prison. On 3 December 2024, the Bangkok Criminal
Court found Anon Nampa guilty under Article 112 of Thailand’s
Criminal Code and Article 14 of the Computer Crimes Act and sentenced
him to two years in prison, reduced from three years because the
court deemed Mr Anon's testimony useful to the trial.
The
Observatory further recalls that Anon Nampa is currently facing legal
action in connection with eight more lèse-majesté cases. Mr Anon
was previously arbitrarily detained
twice. From 9 February to 1 June 2021, he was detained for 113 days
on charges of lèse-majesté and sedition (Article 116 of Thailand
Criminal Code). These charges were related to a speech concerning the
Thai monarchy that he delivered during a peaceful pro-democracy
protest at Bangkok’s Sanam Luang on 19 September 2020. The second
detention spanned 202 days, from 11 August 2021, to 28 February 2022,
in relation to 12 additional lèse-majesté cases. His temporary
release requests were denied numerous times.
The
Observatory recalls that on 30 August 2024, the United Nations
Working Group on Arbitrary Detention (WGAD) found
Anon Nampa’s detention “arbitrary” and urged the Thai
government to release him “immediately” and “accord him an
enforceable right to compensation and other reparations”, in
response to a petition
filed jointly by FIDH and Thai Lawyers for Human Rights (TLHR) on 5
March 2024.
The
Observatory notes with concern that
between 19 November 2020, and 25 November 2024, 276 people, including
many human rights defenders and 20 minors, were charged under Article
112 of the Criminal Code. Fifteen
of them are currently detained pending trial or appeal, and nine more
are serving prison sentences. On 14 May 2024, youth
activist “Bung”
Thaluwang,
detained pre-trial under “lèse-majesté”, died
in custody
after a prolonged hunger strike that ended in April 2024.
The
Observatory strongly condemns the recent conviction, sentencing, and
continued arbitrary imprisonment of Anon Nampa, along with the
ongoing judicial harassment against him. These actions appear to be
solely aimed at punishing him for his legitimate human rights
activities and the exercise of his rights to freedom of expression
and of peaceful assembly.
The
Observatory calls on the Thai authorities to immediately and
unconditionally release Mr Anon and all other arbitrarily detained
human rights defenders in the country and to put an end to all forms
of judicial harassment against them.
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