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The
Observatory for the Protection of Human Rights Defenders (FIDH-OMCT)
and Thai Lawyers for Human Rights (TLHR) reiterate their call for the
immediate and unconditional release of Thai pro-democracy activist
and human rights lawyer Anon Nampa, following the adoption of a
ruling by the United Nations (UN) Working Group on Arbitrary
Detention (WGAD), which found Anon’s detention “arbitrary.”
Anon is serving a total prison sentence of 14 years under Article 112
of Thailand’s Criminal Code (lèse-majesté or royal defamation).
Bangkok,
Paris, Geneva - November 18,
2024:
The WGAD opinion was adopted
by the WGAD on August 30, 2024 in response to a
petition filed jointly
by FIDH and Thai Lawyers for Human Rights (TLHR) on March 5, 2024,
concerning the conviction of Anon Nampa by the Bangkok Criminal Court
in two lèse-majesté cases, on September
26, 2023
and January
17, 2024.
He was sentenced to four years in prison for each case.
On
April
29
and July
25, 2024,
Anon was sentenced to two and four additional years in prison,
respectively, in two other lèse-majesté cases, bringing his total
sentence to 14 years. He is currently incarcerated at the Bangkok
Remand Prison, where he has been arbitrarily imprisoned since his
first lèse-majesté conviction on September 26, 2023.
Anon
is still facing legal action in connection with 10 more lèse-majesté
cases that stemmed from the exercise of his right to freedom of
opinion and expression during Thailand’s pro-democracy protest
movement in 2020-2021. Prior to his imprisonment, he was held in
pre-trial
detention
for two prolonged periods (113 days and 202 days). The courts have
denied him bail numerous times, including 19 bail requests since
September 26, 2023.
Since
August 2012, in addition to Anon, the WGAD has found the deprivation
of liberty of 11
individuals detained under Article 112 to be “arbitrary” because
it contravened several provisions of the Universal Declaration of
Human Rights (UDHR) and the International Covenant on Civil and
Political Rights (ICCPR).
In
the opinion that found Anon’s deprivation of liberty arbitrary, the
WGAD urged the Thai government to release him “immediately” and
“accord him an enforceable right to compensation and other
reparations.”
The
WGAD also called on the Thai government to bring Article 112 into
conformity with the Working Group’s recommendations and the
commitments made by Thailand under international human rights law.
Article 112 prescribes prison terms of three to 15 years for those
found guilty of defaming, insulting, or threatening the King, the
Queen, the Heir to the throne, or the Regent.
The
WGAD declared Anon’s imprisonment under Article 112 arbitrary
because it contravened Articles 2, 7, 9, 11, and 19 of the UDHR and
Articles 2, 9, 14, 15, 19, and 26 of the ICCPR, to which Thailand is
a state party. The referenced provisions of the UDHR and ICCPR
guarantee the principles of non-discrimination and equality before
the law and the fundamental right to liberty, the right to a fair
trial, and the right to freedom of opinion and expression.
The
WGAD found that Anon’s deprivation of liberty lacked legal basis
because he was detained pursuant to Article 112, a piece of
legislation that “expressly violates international human rights
law” due to its “vague and overly broad” provisions. The WGAD
also considered Anon’s prolonged periods of pre-trial detention as
a result of the court’s rejection of his numerous bail requests
without conducting a proper individualised determination of his
circumstances to be in violation of his right to liberty. Such right
is guaranteed under Article 9 of the UDHR, Article 9(3) of the ICCPR,
and Principles 38 and 39 of the Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment.
The
WGAD established that Anon’s speeches, including those delivered at
demonstrations and online platforms, constituted legitimate
expressions. According to the WGAD, the prosecution and imprisonment
of Anon under Article 112 were a disproportionate response to his
exercise of the right to freedom of expression enshrined in Article
19 of the UDHR and Article 19 of the ICCPR.
With
regard to the right to a fair trial, the WGAD stated that the delay
to Anon’s trials after being charged under Article 112, which was
exacerbated by his lengthy pre-trial detention, was “unacceptably
long.” As a result, the WGAD ruled that Anon’s subsequent
imprisonment was a violation of his right to be tried within a
reasonable time and without undue delay under Articles 9(3) and
14(3)(c) of the ICCPR and Principle 38 of the Body of Principles for
the Protection of All Persons under Any Form of Detention or
Imprisonment.
The
WGAD also ruled that Anon was deprived of liberty “on
discriminatory grounds on the basis of his political or other
opinion” regarding Article 112, noting the Thai authorities’
pattern of prosecuting and detaining individuals who peacefully
oppose the law.
The
Observatory and TLHR welcome the WGAD’s opinion and reiterate their
calls for the Thai government to immediately and unconditionally
release Anon Nampa and all other individuals, including human rights
defenders, who are arbitrarily deprived of their liberty under
Article 112.
Despite
the ongoing international concern regarding the lèse-majesté law,
Thai authorities have continued to prosecute and detain individuals
for violating Article 112. Between November 24, 2020 and November 3,
2024, at least 275 individuals, including many human rights defenders
and 20 children, were charged under Article 112. Twenty-five of them
remain behind bars, in addition to Anon.
The
Observatory and TLHR also call on the Thai government to amend
Article 112 to bring it into line with Thailand’s obligations under
the ICCPR and urge the government to refrain from arresting,
prosecuting, and detaining human rights defenders under Article 112
for simply exercising their fundamental right to freedom of opinion
and expression.
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